Water and Africa 
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| Title: | Legal regime of water allocation and the conservation of aquatic environmental values in Kenya |
| Author: | Orie, Kenneth K. |
| Year: | 1995 |
| Periodical: | Journal of Eastern African Research and Development (ISSN 0251-0405) |
| Volume: | 25 |
| Pages: | 76-114 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Kenya East Africa |
| Subjects: | water management environment Environment, Ecology Aquatic environment nature conservation Water law water supply |
| Abstract: | The principle of sustainable environment and development demands that a water allocation regime strikes an equilibrium between environmental and economic interests. The present article examines the water allocation regime in Kenya with a view to determining how and to what extent it caters for environmental values. This is particularly important given that Kenya is not a water-rich country. The inadequacy of Kenya's customary water law and common law water doctrines (of riparian rights and of absolute ownership) in dealing with environmental problems underscores the need for a statutory regime. Although Kenya's legislation on water allocation and use represents an improvement on customary and common law, it is a colonial legacy enacted at a time when environmental problems were not critical. The environmental content of subsequent amendments so far has been equally poor. The author evaluates to what extent the relevant text accommodates environmental values, looking in turn at the allocation of water for beneficial use, the conservation powers of the Water Apportionment Board, the catchment and conservation areas regime, the swamps drainage regime, safe yield measures, water waste control, water pollution control, and environmental impact assessment and allied measures, and makes recommendations for improvements. Notes, ref., sum. |