Confusing regulatory framework

The regulatory framework shows a lack of clarity, gaps, and frequent changes.

Risk type: Cause

Risk driver: External

DESCRIPTION

A sound, transparent sector framework offers guidance for water sector stakeholders. However, loopholes for illicit practices are opened by a lack of clarity and implementation gaps in the water sector and other (e.g. procurement) policies, regulations, and guidelines. If the regulatory framework changes fast, organizations can be unaware of new laws and regulations they are supposed to implement. Complex and fast-changing regulatory frameworks can also lead to confusion among public institutions or officials, providing loopholes for illicit behaviour.

RED FLAGS

• Transition from an older water policy or law to a new one is ongoing (major shifts of responsibilities planned but not yet fully implemented).
• Several laws and regulations have been finalized but not ‘gazetted’ (i.e. registered or made official).
• There are unclear or patchy policy formulations.
• Many companies operate in the informal sector.
• Conflicting and overlapping laws and policies exist.

KEY GUIDING DOCUMENTS

WIN and TI Kenya, 2012, National Good Water Governance Workshop Kenya 2012, Water Integrity Network (WIN) and Transparency International Kenya (TI Kenya)

GENERAL EXAMPLES

Governance in the Kenyan water sector¹

Location: Kenya

• No mechanism defined to evaluate governance in water sector.
• Parliament bills and acts are conflicting and overlapping with the draft water policy and water bill.
• Informal water providers are not recognised by the law.
• Non-compliance with policies and legislations that have not been gazetted.
• Insufficient knowledge and understanding of policy and legislation in water sector institutions.
• Inadequate communication of policy and legislation documents.

FULL REFERENCES

1. WIN and TI Kenya, 2012, National Good Water Governance Workshop Kenya 2012, Water Integrity Network (WIN) and Transparency International Kenya (TI Kenya)