Consultancy for Technical, Legal and Institutional Review of the Isiolo County Water Act, Policy and Rural Water Service Delivery Frameworks RAPID+

CONSULTANCY FOR TECHNICAL, LEGAL AND INSTITUTIONAL REVIEW OF THE ISIOLO COUNTY WATER ACT, POLICY AND RURAL WATER SERVICE DELIVERY FRAMEWORK

1.0 BACKGROUND

Isiolo County experiences chronic water scarcity driven by its arid and semi‑arid climate, recurrent droughts, population growth, and fragile rural water infrastructure. Most rural water supply schemes (primarily boreholes, water pans, and sand dams) are managed through community‑based arrangements. While these models have supported access, they have proven increasingly unsustainable due to weak governance, limited technical and financial capacity, low revenue recovery, and non‑compliance with national regulatory standards.

Isiolo County currently has one licensed urban water service provider, Isiolo Water and Sanitation Company (IWASCO), whose mandate is limited to Isiolo town. There is no professional, WASREB‑compliant utility responsible for regulated rural water service delivery. Some of the Existing Water Situation and Service Delivery Gaps include:

• Rural water schemes operate below design capacity due to weak governance and poor maintenance.
• Community-based management models lack accountability, financial sustainability, and regulatory compliance.
• Frequent breakdowns, inadequate metering, low revenue collection, and minimal preventive maintenance undermine reliability.
• Increasing climate shocks and population pressure strain already fragile water sources.
• WASREB licensing standards are not met by most rural water schemes.

These challenges affect households, pastoralist communities, schools, health facilities, and institutions, impacting over 200,000 rural residents across the eight Isiolo rural wards.

To address these challenges, the County Government of Isiolo, guided by the Constitution of Kenya (2010), the Water Act (2016), WASREB regulatory frameworks, and the Isiolo County Water Strategy (2023–2035) has initiated a phased rural water governance reform programme. As part of preparatory work, the County undertook a Commercial Viability Assessment (CVA) in 2024, assessing the operational and financial sustainability of selected rural water schemes and identifying pathways for county‑owned, professionally managed rural water utilities.

In December 2025, the County Executive Committee approved a Cabinet Memorandum authorising the establishment of a Multi‑Sectoral Task Force to lead review and reform of the Isiolo County Water Policy (2017) and the Isiolo Water and Sanitation Act (2020), and to propose institutional, governance, and transition arrangements for future County‑Owned Rural Water Companies.

Under the Cabinet‑approved framework, reforms are implemented in phases. Phase 1 entailed formal approval of a Cabinet Memorandum to undertake the reform process. The memorandum obtained Cabinet approval to (a) Endorse the proposed rural water governance and institutional reform framework; and (b) Authorize establishment of a multi-sectoral Task Force to review county policy, legislation, and associated institutional arrangements.

Phase 2 focuses on Task Force‑led technical, legal, and institutional review and preparation of reform instruments. This consultancy supports Phase 2 only, by providing defined technical drafting, advisory, and documentation support to the Task Force and the County Government.

2.0 OBJECTIVE OF THE ASSIGNMENT

The objective of this assignment is to provide targeted technical, legal, and institutional support to the Multi‑Sectoral Task Force and the Isiolo County Government during Phase 2 of the Cabinet‑approved reform process, by:

1. Supporting preparation of WASREB‑aligned draft amendments to the Isiolo County Water Policy (2017) and the Isiolo Water and Sanitation Act (2020);
2. Assisting articulation of a clear, high‑level institutional and governance framework for County‑Owned Rural Water Service Provision; and
3. Providing technical and procedural support for statutory public participation and legislative consideration of the proposed reforms.

The Consultant’s role is strictly advisory and technical. All approvals, enactment, and implementation remain the responsibility of the County Government.

3.0 SCOPE OF WORK

The assignment shall be implemented through a two‑stage, sequential process, aligned to the Task Force mandate under Phase 2:

• Stage 1: Technical review and drafting support
• Stage 2: Statutory public participation and legislative process support

Progression between stages shall be subject to formal approval of Stage 1 outputs by the Multi‑Sectoral Task Force.

4.0 METHODOLOGY

The Consultant shall apply a focused, stage‑gated methodology aligned to Kenya’s county policy‑making and legislative frameworks and proportionate to the advisory nature of the assignment.

4.1 Stage 1 Methodology – Technical Review and Drafting

The Consultant shall:

• Conduct a targeted desk review of relevant national and county water sector laws, policies, and WASREB regulatory instruments.
• Support limited, non‑statutory technical consultations convened by the Task Force to validate reform directions.
• Prepare clearly scoped, Gazette‑ready draft policy and legislative instruments.
• Develop a high‑level institutional and transition framework to inform County decision‑making.
• Consolidate all outputs into a Task Force Technical Report for validation.

4.2 Stage 2 Methodology – Public Participation and Legislative Support

Upon formal approval of Stage 1 outputs, the Consultant shall:

• Provide technical and documentation support to County‑led statutory public participation;
• Support incorporation of validated public inputs into revised drafts;
• Provide drafting and advisory support during County Executive and County Assembly consideration;
• Finalise Gazette‑ready instruments and a legislative support report.

Stage 2 shall culminate in preparation of final Gazette‑ready policy, legislative and regulatory instruments and submission of a consolidated legislative support report confirming procedural compliance and readiness for enactment and gazettement.

Statutory responsibility for public participation and legislative decisions always remains with the County Government.

5.0 DELIVERABLES

The deliverables shall be executed in 2 stages. Each deliverable shall be subject to review, validation and written approval by the Multi‑Sectoral Task Force prior to acceptance.

5.1 Stage 1 Deliverables

Deliverable 1: Inception and Diagnostic Brief

The Consultant shall submit an Inception Report confirming methodology, work plan and timelines, together with a Legal and Policy Diagnostic and a summary of pre‑legislative technical stakeholder consultations. The brief shall succinctly identify reform gaps, alignment requirements and how stakeholders input informed the drafting process.

Deliverable 2: Draft Policy and Legislative Instruments

The Consultant shall prepare a complete package of Gazette‑ready draft reform instruments, including a revised Isiolo County Water Policy, a draft Amendment Bill to the Isiolo Water and Sanitation Act (2020), draft County Assembly Memos, and draft subsidiary legislation with revised regulatory and operational guidelines for rural water service provision.

Deliverable 3: Institutional and Transition Framework (Advisory Level)

The Consultant shall develop a framework comprising the Institutional Model for County‑Owned Rural Water Companies, a phased Transition Strategy from community‑based management to utility modelsand licensing requirements.

Deliverable 4: Consolidated Task Force Technical Report and Public Participation Guideline

The Consultant shall submit a Consolidated Task Force Technical Report consolidating and validating all Stage 1 outputs, together with a County‑specific Public Participation Guideline and Legislative Roadmap, confirming readiness to proceed to statutory public participation and County Assembly legislative processes.

5.2 Stage 2 Deliverables

Deliverable 1: Public Participation Implementation Support and Reporting Package

The Consultant shall provide Public Participation Implementation Support i.e., technical and facilitative support to County‑led public participation forums. This deliverable shall include Public Participation Reports and Minutes, together with a Public Participation Feedback Matrix documenting issues raised and how they were addressed or rationalised.

Deliverable 2: Post‑Participation Revised Drafts and Assembly Support Materials

The Consultant shall revise all draft policy, legislative and regulatory instruments to reflect validated public inputs. In addition, the consultants shall prepare final County Assembly Memos and legislative support briefs to facilitate Executive approvals and County Assembly consideration.

Deliverable 3: Final Gazette‑Ready Reform Instruments and Legislative Support Report

The Consultant shall submit final Gazette‑ready versions of the revised County Water Policy, Amendment Act, and rural water service regulations. together with a Final Consolidated Legislative Support Report confirming due process, consistency and readiness for enactment and gazettement.

6.0 ROLES AND RESPONSIBILITIES

6.1 Roles

• The County Government retains statutory authority for public participation, approvals, and enactment.
• The Multi‑Sectoral Task Force provides technical oversight and formally validates Stage 1 outputs.
• The Consultant provides technical and advisory support only and assumes no decision‑making or implementation role.

Delays arising from County approval or legislative processes shall not be attributable to the Consultant.

6.1 Logistics

Millenium Water Alliance shall cover: –

• Consultants’ fees and facilitating introductions/ contacts with county partners.

The Consultant will cover:

• Transport from Nairobi to Isiolo
• Accommodation and meals
• Personal insurance (mandatory)
• Any other costs required to the successful delivery of this assignment.

The Client assumes no liability for injuries, losses, or damage incurred during the assignment.

7.0 PERIOD OF PERFORMANCE AND SUPERVISION

• The assignment shall be implemented in two stages over the period June to November 2026. Stage 2 shall be subject to satisfactory completion and formal approval of Stage 1 outputs prior to commencement of Stage 2. Notwithstanding the successful completion of Stage 1, the Client reserves the right, at its sole discretion, not to proceed with Stage 2 where project-imposed time constraints so require.
• Technical supervision shall rest with the Multi‑Sectoral Task Force and the CECM responsible for water, while administrative oversight shall rest with Millennium Water Alliance and CRS.

8.0 CONSULTANT QUALIFICATIONS AND EXPERIENCE

The Consultant or consulting firm must demonstrate:

Minimum Qualifications

• Bachelor’s degree in Law;
• Post graduate qualification in Water Law, Water Governance, Public Policy, Environmental Management, or related field.

Required Experience

• At least 10–15 years’ experience in legislative or policy reform, with strong experience in the water sector;
• Proven experience drafting or reviewing county legislation and policies;
• Demonstrated understanding of:
  • The Water Act (2016);
  • WASREB regulatory frameworks and rural service delivery models;
  • County legislative and public participation processes;
  
  
• Experience designing institutional and governance frameworks for water service provision;
• Familiarity with rural water service challenges in ASAL counties.
• Strong legislative drafting, facilitation, and stakeholder engagement skills are essential.
• Familiarity with rural water schemes and community management models in ASAL counties.
• Strong stakeholder facilitation and legislative drafting skills.

9. SUBMISSION REQUIREMENTS

Interested consultants or consulting firms are invited to submit technical and financial proposals demonstrating their capacity to deliver the scope of work described in this ToR. Proposals must clearly address the following:

Technical Proposal

• Cover letter (1 page);
• Consultant profile and relevant experience (max. 2 pages);
• Understanding of the assignment and proposed methodology;
• Work plan and timeline;
• CVs of key personnel (max. 4 pages);
• Contact details of at least three referees for similar assignments.

Financial Proposal

• Detailed budget aligned to deliverables and stages;
• The Budget shall provide a clear breakdown of costs attributable to Stage 1 and Stage 2 respectively.
• Clear indication of reimbursable vs professional fees (if applicable).

Statutory Requirements

Interested consultants are expected to submit the following statutory documents as part of the mandatory requirements:

• Kenyan firms:

Copy of valid certificate of Tax compliance Certificate

Copy of Certificate of incorporation/Business registration

Copy of Company KRA Pin certificate.

Copy of Valid Business Permit

Copy of CR12

• Kenyan individuals:

Copy of valid certificate of Tax compliance Certificate

Copy of KRA PIN certificate

Copy of National Identification Card/passport

This consultancy is only open to Kenyan firms or individuals.

The interested individuals/firms should submit their applications in PDF format on or before 11th May 2026, 5:00pm EAT. All applications should be submitted electronically to the following email address: mwakinfo@mwawater.org

The email subject should be clearly titled “CONSULTANCY FOR REVIEW OF ISIOLO COUNTY WATER ACT, POLICY REFORMS RAPID+”

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