WATER ACT
CHAPTER 372
Revised Edition 2012 [2002]
Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
WaterAct_Cap372_
PART IX P CONSERVATION OF RIPARIAN AND CATCHMENT AREAS
116. Determination of the riparian land
(1) Riparian land, as defined in Part I of these Rules shall not imply a change of
ownership but impose management controls on land use for water resource quality as
defined in these Rules.
(2) Unless otherwise determined by a Water Resources Inspector, the riparian land on
each side of a watercourse shall be defined as a minimum of six metres or equal to the full
width of the watercourse up to a maximum of thirty metres on either side of the bank.
(3) The width of the watercourse shall be equal to the distance between the top edges
of its banks.
(4) The riparian land shall be measured from the top edge of the bank of the
watercourse and this shall also apply to seasonal and perennial watercourses.
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(5) Unless otherwise determined by a water resources inspectore
(a) the riparian land adjacent to a lake, reservoir or stagnant body of water shall
be defined as minimum of two metres vertical height or thirty metres
horizontal distance, whichever is less, from the highest recorded water
level;
(b) the riparian land adjacent to the eye of a spring shall be a minimum radius
of three metres to a maximum radius of fifteen metres, measured from
around the edge of the spring;
(c) the riparian land adjacent to the ocean is defined as a minimum of two
metres vertical height or thirty metres horizontal distance from the high
watermark, whichever is less.
117. Demarcation of the riparian land
(1) The Authority may with good cause orat the request of a riparian landowner
demarcate the riparian boundary of any watercourse or body on any land at its own cost.
(2) When demarcating the riparian boundary, the Authority shall require the landowner
to place permanent recognisable beacons at sufficient intervals to adequately represent
the riparian boundary.
118. Proscribed activities on riparian land
(1) No person shall undertake the activities listed in the Sixth Schedule on riparian
land unless authorised by the Authority in consultation with other relevant stakeholders.
(2) A riparian land owner or user may, upon showing good cause, request the
Authority shall respond in writing within thirty days of receiving the request stating its
decision.
(3) Any person who undertakes any of the proscribed activities on riparian land
without authorisation by the Authority shall be guilty of an offence and shall be liable to a
fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding
three months, or to both.
119. Orders related to riparian land
(1) The Authority may instruct by an order, a riparian landowner or user, at his or her
cost, to develop and implement a soil and water conservation plan.
(2) The Authority may instruct by order a riparian landowner or user, to desist from
any proscribed activity or to improve the condition of the riparian land in the interests of
meeting the water resource quality objectives.
(3) In requiring a riparian landowner or user to improve the condition of the riparian
land, the Authority may facilitate support to undertake the required activities.
(4) Where the riparian landowner or user fails to comply with an order to develop a
soil and water conservation plan, the Authority may cause such a plan to be developed.
(5) The Authority shall recover the cost ofdeveloping such a plan from the person or
persons who have failed to comply with the order.
120. Soil and water conservation plan
(1) For the purposes of conserving the catchment and riparian areas, the Authority
may by order or state as a condition on an authorisation or permit, require a person to
prepare and implement a soil and water conservation plan.
(2) While preparing a soil and water conservation plan, the Authority or riparian
landowner shall be guided by the criteria set out in the Sixth Schedule.
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(3) The soil and water conservation plan may be developed by the Authority,
landowner, landuser, or Water Resource Users Association in consultation with the
officer(s) in charge of agricultural and or environmental activities for the area.
(4) The soil and water conservation plan shall conform to the format laid out in the
Second Schedule.
(5) Where in the opinion of the Authority the landowner or user has failed to comply
with an approved soil and water conservation plan, the Authority may cause to be
rectified, constructed or maintained sufficient soil and water conservation measures for the
purposes of conserving water resource quality conditions.
(6) The Authority may recover the cost of these measures from the person or persons
who have failed to comply with the soil and water conservation plan.
(7) Failure to comply with an approved soil and water conservation plan may be
considered by the Authority as a basis for rejecting, suspending, cancelling or varying a
water use permit.
(8) Any person who fails to comply with the soil and water conservation plan shall be
guilty of an offence and shall be liable to a fine not exceeding ten thousand shillings or to
imprisonment for a term not exceeding three months, or to both.
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