All irrigation development shall be undertaken within the context of a national irrigation master plan, county irrigation master plan, investment plan and respective strategic plans to support sustainable food security and socio-­economic development of the country.

Where the Authority is the implementing agency, the Cabinet Secretary shall take up the supervisory roles

Where a government agency is implementing a strategic irrigation project or programme on public land or a community-­based project, the agency shall comply with the provisions of these Regulations.

Pursuant to section 16(1) of the Act, an area that is deemed suitable for medium and large scale irrigation schemes may be designated as an irrigation area for purposes of the Act.

Pursuant to section 6(2)(c) of the Act, the Cabinet Secretary may establish a national scheme, public scheme or strategic scheme of any category for purposes of the Act.

Where the establishment of a scheme under this regulation relates to a public scheme meant for settlement, the beneficiaries shall be identified before establishment.

Any individual or entity intending to carry out or is carrying out irrigation shall, where the availability and reliability of water resource is not guaranteed, implement water harvesting and storage measures capable of storing flood water sufficient to meet at least three months’ water demand where practical.

In addition to paragraph (1), consideration may be given to the use of recycled waste water subject to meeting water quality standards set out in Part A and Part B of the Second Schedule.

Any individual, entity or agency developing bulk water storage structures for irrigation may provide water to irrigation farmers at a tariff approved from time to time by the Cabinet Secretary in consultation with the Water Resources Authority.

Any individual or entity using water for irrigation shall be required to obtain water use rights and meet the attendant obligations in accordance with the Water Act, 2016, Act No. 4 of 2016.

For public or national irrigation schemes meant for settlement and community-­based smallholder irrigation schemes, an irrigation water users association formed in accordance with these Regulations shall be the entity responsible for acquiring the water use rights.

Any entity or individual seeking to develop an irrigation scheme shall undertake a feasibility study before commencing the construction of the irrigation scheme.

The feasibility study report shall be prepared in the form set out in Part B of the First Schedule and submitted to the supervising entity for review.

Where upon review under paragraph (3) the report is deemed to be satisfactory, the supervising entity shall, within thirty days of the determination, issue a "no objection" for the proposal to proceed to full design.

An irrigation scheme shall be designed and the subsequent construction supervised by a qualified and experienced irrigation firm or professional from appropriate category as set out in Part A of the Third Schedule.

An irrigation scheme shall be constructed by the a contractor from the appropriate category as set out in Part B to the Third Schedule.

A contractor undertaking irrigation works shall be registered in accordance with the section 15 of the National Construction Authority Act, 2011, Act No. 41 of 2011.

The details required in the irrigation project design report shall be based on the category and size of the irrigation scheme to be constructed and infrastructure standards set out under regulation 90.

Upon submission of the detailed design report in paragraph (2) as set out in Part C of the First Schedule, the Authority, County Irrigation Development Unit or other authorised agency shall ensure that it meets the technical requirements before approval.

Upon approval of the proposed irrigation scheme, an authorization certificate for construction shall be issued for commencement of construction of the irrigation infrastructure in the Form 4A set out in the Fourth Schedule.

Any irrigation service providers shall be certified by the relevant regulatory bodies.

The Cabinet Secretary shall prepare and maintain an inventory of irrigation service providers in the form set out in Part A of the Fifth Schedule.

An application for enlisting under paragraph (2) shall be made to the Cabinet Secretary in Form 4B set out in the Fourth Schedule.

Subject to compliance with the applicable national laws, the Authority may, in an appropriate case, engage in a public private partnership or other appropriate contractual arrangement for development, operation and maintenance of irrigation infrastructure.

Pursuant to section 14 of the Act, a County Government may by notice in the Gazette establish a County Irrigation Development Unit for the better carrying out of its functions with respect to irrigation development.

A person or entity shall not operate an irrigation scheme without obtaining an irrigation licence except where irrigation is undertaken at household level for subsistence purposes, and is by use of manual water abstraction and application.

Any association intending to or currently undertaking irrigation development and management within a public scheme meant for settlement shall obtain an irrigation licence.

The designation of an area as an irrigation area as provided under regulation 7 shall be a prerequisite for issuance of an irrigation licence in case of medium and large scale irrigation scheme.

The Cabinet Secretary or the authorised person shall assign a unique scheme number for each licenced scheme.

The Licensing Unit established under paragraph (1) shall have such number of officers, as are necessary for the proper performance of its functions.

An officer of the supervising entity, Licensing Unit and other government agencies may access any irrigation infrastructure and related sites to monitor compliance with any conditions of a licence and other provisions of these Regulations.

A person or entity operating an irrigation scheme shall not deny officers of the supervising entities and other government agencies access to irrigation infrastructure and related sites to perform the functions under paragraph (1).

All irrigation schemes shall be managed in accordance with the principles set out in the Act and these Regulations.

Irrigation management shall be through continuous adoption and application of best practices in sector planning, coordination and financing.

The management of a strategic, public or national irrigation schemes shall be through a framework defined at the time of establishment.

A public or national irrigation schemes meant for settlement shall be managed through scheme management committees, Dispute Resolution Committees and irrigation water users’ associations.

Any scheme management committee shall be established in accordance with section 8(2)(c) of the Act.

Despite paragraph (1), a scheme management committee for national scheme or public scheme shall be established by the Cabinet Secretary through the Authority in accordance with section 19(1) of the Act.

Despite paragraph (1), a scheme management committee for a county public scheme shall be established by the respective Governor.

Where a scheme straddle two or more counties, each county shall constitute a scheme management committee established pursuant to paragraph (1) and a joint scheme committee established pursuant to paragraph (3).

The scheme management committee constituted under paragraph (1) shall be in the county in which the scheme is situated.

The scheme management committee may invite any professional, expert or stakeholder from a relevant field or entity to attend any of its deliberations.

Every scheme management committee shall constitute a land administration sub-­committee and such other special purpose sub-­ committees for the proper performance of its functions.

A person seeking to reside, occupy or carry out irrigation or related business in any part of a national scheme, public scheme or county public scheme meant for settlement shall apply for a land user permit permit from the Authority or County Irrigation Development Unit, as the case may be.

Where a person resides, carries out irrigation or related business or occupies an existing national scheme or public scheme, the tenant holding a licence shall be issued with a permit to occupy the land.

The holder of a permit issued under this regulation shall be a bona fide member of the registered association of the irrigation scheme.

A permit holder may, within reasonable time of being granted a permit and in writing to the Authority or County Irrigation Development Unit, nominate another person to succeed him as permit holder in the event of his death.

A permit holder may, at any time and in writing to the Authority or County Irrigation Development Unit, revoke or alter the nomination issued under this regulation.

Where a permit holder dies without nominating a successor in accordance with paragraph (1), the authorised dependant shall, within one month of the death of the permit holder and in writing to the Authority or County Irrigation Development Unit, nominate a successor who must be approved by the scheme management committee.

Within thirty days of the death of a permit holder, an authorised dependant of the deceased permit holder may appeal to the Court against the nomination of a successor under paragraph (4).

Where an appeal under paragraph (5) is successful, the authorised dependant shall, within one month of the determination of the appeal, nominate a successor in writing to the Authority or County Irrigation Development Unit.

The Authority or the County Irrigation Development Unit shall maintain a register of all permits issued under these Regulations.

Subject to regulation 35, every permit may be renewed based on the defined validity period.

Where a permit is revoked due to imprisonment of the permit holder under paragraph (1)(a)(i), a successor may be nominated or appointed in accordance with regulation 36.

A person who is dissatisfied with the revocation of a permit under this regulation may appeal, in writing, to the Cabinet Secretary or the respective County Executive Committee Member, as the case may be.

Where a permit is revoked under these Regulations, the scheme management committee shall constitute an ad-­hoc sub-­committee consisting of a representative of the Authority or County Irrigation Development Unit and one representative of both the out-­going and the incoming permit holder.

The ad-­hoc sub-­committee constituted under paragraph (1) shall assess the amount, if any, due to the outgoing permit holder or his authorised dependant in respect of capital and labour expended by him in improving the holding.

The Authority or County Irrigation Development Unit shall make arrangements for the payment of the amount assed under paragraph (2) by the incoming permit holder within such time as the Authority or County Irrigation Development Unit considers reasonable.

A permit holder shall pay to the Authority or County Irrigation Development Unit through the association, an irrigation service fee in respect of irrigation services on his holding.

The fee charged under this regulation shall be at the rate determined by the Authority or County Irrigation Development Unit and approved by the Cabinet Secretary or County Executive Committee Member, as the case may be, from time to time.

The fee under this regulation may be varied by the Cabinet Secretary or County Executive Member responsible for irrigation in consultation with county governments and other relevant stakeholders.

A person shall not drive a motor vehicle over any road, other than a public road, within a public scheme unless he possesses’ a valid an access pass issued by the Authority or County Irrigation Development Unit.

A person who fails to comply with any condition of the access pass issued under this regulation commits an offence and shall be liable on conviction to a fine not exceeding five thousand shillings, or to imprisonment for a term not exceeding one month, or to both.

The Authority or County Irrigation Development Unit may, where applicable, allocate to a permit holder a house to be occupied by him within the designated area in the scheme, or may authorise a permit holder to erect his own house

A permit holder shall maintain his house and precincts to the satisfaction of the Authority or County Irrigation Development Unit and relevant agencies.

A permit holder shall not construct any building or undertake any other works of on his holding or elsewhere in the scheme without the prior written consent of the Authority or County Irrigation Development Unit.

Any person who erects a structure or building without the written consent of the Authority or County Irrigation Development Unit commits an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.

The management of a scheme by an association shall apply to community-­based smallholder schemes and public schemes meant for settlement except where the schemes are owned and managed by individual farmers.

Where an association has inadequate capacity to manage the major works of the irrigation infrastructure, such services may be provided by the Authority, County Irrigation Development Unit or other entity under agency contract as an irrigation water service provider.

An agency contracted under paragraph (3) shall comply with the provision of regulation 76, 77, 78, 79 and 80.

Pursuant to section 20 (1) of the Act, the residents of a catchment area who are crop farmers, livestock producers, fish pond users, small industry entrepreneurs or otherwise use water for irrigation purposes serviced by a public or community-­based smallholder irrigation scheme may form an association which covers an entire scheme or that specific service area.

The procedure for formation of an association shall be as set out in Part A of the Seventh Schedule.

Where the residents are unable or fail to establish an association within twelve months after the coming into force of these Regulations or after commencement of operation of an irrigation scheme, the supervising entity may compel the residents to form the association.

The service area of an association shall comprise of a distinct irrigation system with a defined area of land that can receive irrigation water through the system operated by that association.

Each association shall operate within a defined service area.

The service area of an association shall not overlap with the service area of another association.

Each association shall have a name and the phrase "irrigation water users’ association" shall be included in the name of the association.

The name of every association shall be written boldly and be placed where the association conducts its activities.

The name of an association shall be written or stamped on every notice, letter or document signed on behalf of that association.

An association formed in accordance with these Regulations shall be duly registered as a legal entity under the Societies Act Cap. 108.

An association formed in accordance with the Societies Act, Cap. 108 or the Cooperative Societies Act, Act No. 12 of 1997 prior to the coming into force of these Regulations, shall be recognised as an association under these Regulations.

Any existing group of farmers owning or managing an irrigation scheme, but registered as a "self-­help group" shall register the group as an association in accordance with this regulation.

A person who has the user rights over land which is located within the service area of an association in accordance with the appropriate land holding system shall qualify to be a member of the association.

A person who acquires user rights over land located within the service area of an association by succession or any other legal means shall become a member of that association upon payment of any outstanding contributions and fees due to the association from the previous user of that land.

An association may provide for the establishment of other committees or special purpose sub-­committee in its by-­laws.

The powers and duties of management bodies of an association shall be as specified in these Regulations and the by-­laws.

The General Assembly shall be the supreme organ of an association.

The powers, duties and procedures of operation of the General Assembly shall be as specified in the by-­laws.

Every association shall constitute an association management committee elected in accordance with the by-­laws.

The association’s management committee shall consist of not less than seven members including the chairperson, vice chairperson, secretary, assistant secretary and the treasurer.

The term of office of the association management committee shall be as specified in the by-­laws but the period shall not exceed three years.

A member of the association management committee shall not be elected for more than two consecutive terms.

Any by-­laws may be amended by a special resolution of two-­thirds majority of the General Assembly at a meeting attended by at least seventy percent of the members.

An amendment to by-­laws shall be effective from the date it is approved and registered by the supervising entity, and filed with the entity conferring legal status

Every association shall comply with the Code of Conduct for officials and members set out in Part B of Seventh Schedule.

The association’s management committee shall be responsible for collection of the association funds in accordance with the by-­laws.

Where a scheme is developed on cost-­sharing or cost-­recovery basis, a repayment schedule shall be prepared and each member levied a fee as contemplated in paragraph (1)(e).

The capital replacement fund shall be maintained in an interest-­yielding bank account or other acceptable account.

The capital replacement fund shall be atleast ten per cent of the association’s annual budget.

The association shall formulate by-­laws to guide the management of the capital replacement fund.

The fee levied under paragraph (1) shall be used in accordance with regulation 58.

The legal and financial supervision under paragraph (1) (e) shall be limited to the activities of the association for which it is the supervising entity.

The supervising entity may delegate any of the powers and duties specified in paragraph (1)(a), (b), and (d) to another appropriate entity.

Where the malpractices constitute a criminal offence, the supervising entity shall report to the relevant state agencies.

Within ninety days after the end of each financial year, an association shall submit an annual report to the supervising entity.

The report under paragraph (1) shall be in the approved format and accompanied by a copy of the audited accounts of the association.

The financial year of an association shall be determined by the association and specified in the by-­laws.

The statement of assets and liabilities and the income and expenditure statement of the association shall be subject to approval by the General Assembly.

An association seeking concurrence under paragraph (1) shall submit a written request to the supervising entity.

The supervising entity shall, within thirty days of receipt of the application under paragraph (2), determine the application and inform the applicant of its decision.

The Cabinet Secretary shall maintain a Master Register of all associations registered under these Regulations and the Master Register shall be updated annually.

Every County Executive Committee Member shall maintain a register of all associations within their respective county.

All bona fide associations shall apply to the respective County Executive Committee Member for inclusion in the register established under paragraph (2) in the Form 4G set out in the Fourth Schedule.

Upon enlisting into the register under paragraph (5), the respective County Executive Committee Member shall forward the inventory to the Cabinet Secretary for inclusion in the master register.

Any person may, upon request in writing, access the register within office hours.

Where an association is dissolved under regulation 67, the supervising entity, in consultation with the association’s management committee, shall appoint a licenced liquidator.

These Regulations and the relevant by-­laws shall continue to apply to each association and its members until liquidation proceedings are concluded.

The remuneration of the liquidator shall be paid from the funds of the association.

The supervising entity shall, upon conclusion of the liquidation process, notify the respective County Executive Committee Member to delete the name of the association from the register of associations maintained by that county and inform the Cabinet Secretary on the deletion.

An association shall be deemed dissolved on the date the details of that association are all deleted from the Master Register.

Where several distinct service areas managed by individual associations are served by or share common major irrigation infrastructure, the areas may establish an umbrella association.

The establishment of an umbrella association shall be by a decision of the supervising entity or by a majority of members of the associations using irrigation water from the major irrigation infrastructure.

An association that receives water from the major irrigation infrastructure managed by an umbrella association shall be a member of that umbrella association.

Every umbrella association shall have a unique name which shall consist of the name of the place that umbrella association manages or some other distinctive name followed by the words "umbrella irrigation water users’ association".

An umbrella associations within or operating in public national irrigation schemes meant for settlement shall undertake the activities under paragraph (2) in consultation with the supervising entity.

All umbrella associations shall be subject to the provisions of these Regulations.

An association of irrigation farmers may be constituted at the county level or the national level by the associations or umbrella associations.

An association shall seek prior approval of the General Assembly and consult with the relevant supervising entity before joining the association of irrigation farmers.

An association of irrigation farmers at county level or national level shall prepare by-­laws to guide its membership and operations, and shall be registered as a society under the Societies Act,Cap. 108.

The supervising entity, in agreement with an association, may transfer the management and water use rights of the entire or part of the irrigation system in a national, public or strategic scheme meant for settlement to an association.

A transfer under paragraph (1) shall only take place after both parties have conducted a joint inspection exercise.

Notwithstanding paragraph (1), where the irrigation system lies within the service area of an association, the association may apply to the appropriate supervising entity to transfer to that association, for an indefinite period, the management and water user right of the part of the irrigation scheme.

Where the service area of an association lies in the water supply point of a dam, weir, diversion structure, pump station, or any other type of infrastructure to which water is abstracted from a river, stream, reservoir, pond, or any other natural source, the management of that infrastructure may be transferred to that association.

The supervising entity shall ensure the protection and maintenance of the part of an irrigation system that has not been transferred to any association.

Without prejudice to the foregoing, the irrigation management transfer process shall be carried out in accordance with Part B of the Eighth Schedule.

Upon conclusion of the irrigation management transfer process, an association may apply to the supervising entity for a user right certificate in respect of a national, public or strategic scheme meant for settlement that lies within the service area of that association.

The supervising entity shall, within thirty days of receipt of the application, determine the application and inform the applicant of the decision made.

Where the supervising entity approves the application, it shall issue to the applicant a user right certificate in Form 4H set out in the Fourth Schedule.

An association shall provide to the supervising entity current information relating to the maintenance and condition of a transferred irrigation system.

A duly authorised officer of the supervising entity may enter into the service area of an association and inspect the condition of the irrigation system transferred to that association.

Where an association fails to comply with a directive given under paragraph (3), that association shall be subject to the appropriate sanctions specified on the agreement.

Where an association fails to successfully carry out the management of the transferred responsibilities, the Authority or County Irrigation Development Unit, as the case may be, shall terminate the transfer agreement and cause the withdrawal of user rights.

The supervising entity shall assume the management responsibilities in the interim, and thereafter take necessary steps for remedial action within a period not exceeding six months.

An association may provide irrigation water services or, with the approval of the General Assembly, contract other entities to provide the services.

The conditions to be satisfied by a public agency or a licensed private entity established in respect of the supply of irrigation water and any other related services to an association shall be as specified under Part C set out in the Third Schedule.

A service provider shall provide irrigation water and any other related services referred to in paragraph (2) to an association on the basis of a service agreement signed with the association.

An irrigation water service agreement shall be valid for at least five years except where the association requests for a shorter period of service agreement.

Where an association requests for a shorter period under paragraph (1), the term of irrigation water service agreement shall be at least three years.

An irrigation water service agreement may be varied or amended with the consent of the association and the concerned service provider.

An irrigation water service provider shall not suspend the supply of water or any other service under a service agreement except where that association delays in payment of any outstanding charges for more than ninety days.

A member of an association who has suffered a loss as a result of the inability of the service provider to provide irrigation water to that association is deemed to be a party to the contract for the purpose of calculating the amount of compensation to be claimed from the service provider.

For purposes of paragraphs (1) and (2), the supervising entity is responsible for assessing the damage or loss suffered by the association or a member of the association.

A service provider shall not pay compensation in cases of force majeure.

The amount of irrigation service charge payable by an association to a member or an association to an irrigation water service provider for the supply of water, shall be determined in a transparent manner and through an agreement between the association, the service provider and the supervising entity.

The costs of a service provider shall be determined by the service provider in consultation with the supervising entity.

The costs of the association in the provision of irrigation services shall be determined by the association in consultation with the members of the association and approved by the General assembly.

Despite paragraph (1), the management committee of an association may, in writing, request for support from a national government Ministry or agency and a County Government for the operation of the association.

Where an association requests for support under paragraph (2), the entity providing support shall respect the autonomy of the association while providing that support.

Where the service area of an association transcends regions, counties or other administrative levels due to the natural flow of a river, each county or other administrative level shall assign committee members to appraise the local administrator concerned on the affairs of that association.

Any complaint arising out of irrigation and scheme development, management, water allocations and delivery, financing, operation and maintenance and any other justifiable cause shall be lodged at the irrigation unit level in the first instance.

The irrigation unit leadership shall determine the dispute within thirty days of receiving the complaint.

Where the dispute is not resolved or the complainant is dissatisfied by the decision of the unit leadership, the matter shall be referred to a Dispute Resolution Committee.

Every association shall establish a Dispute Resolution Committee consisting of not less than three and not more than five members of the association who are persons of high reputation, integrity and have the requisite competence.

The General Assembly of an association shall elect members of the Dispute Resolution Committee for that association.

A member of a Dispute Resolution Committee shall hold office for a period of three years and shall be eligible for re-­election for one further term.

A member of a Dispute Resolution Committee shall not be elected for more than two consecutive terms.

The members of a Dispute Resolution Committee shall elect one of their members as chairperson, who shall preside over the proceedings of the committee.

The Dispute Resolution Committee may invite not more than two members of the community or society of high moral standing to assist in its deliberations.

Any appeals from the irrigation unit level shall be lodged at the Dispute Resolution Committee within fourteen days from the date of determination.

In case of disputes on an irrigation scheme, a dissatisfied party may appeal to the relevant supervising entity.

In case of disputes within public or national irrigation schemes meant for settlement, dissatisfied party may appeal to the scheme management committee.

Where a person is dissatisfied with the decision of the Dispute Resolution Committee and the scheme management committee as the case may be, the person shall exhaust the procedures specified in these Regulations before resorting to court of law.

Any water for irrigation purposes shall meet the applicable quality standards set out in Part A and Part B of the Second Schedule.

Residual irrigation water attached to vegetables and fruits at the time of harvest shall comply with domestic water quality limits set out in Part C of the Second Schedule.

For public lawns with which the public may come into direct contact, irrigation water shall have less than or equal to two hundred faecal coliforms per one hundred milliliters, as set out in Part A of the Second Schedule.

The irrigation water quality for unrestricted irrigation shall have less than or equal to one thousand faecal coliforms per one hundred milliliters as set out in Part A of the Second Schedule.

Any person or entity using water for irrigation shall carry out water quality testing in accredited laboratories upon direction by supervising entity or other agency.

Any person or entity using water for irrigation that does not meet the standards set out under these Regulations commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment not exceeding one year, or to both.

All discharge of water from irrigation schemes shall meet the quality standards as set out in Part A of the Second Schedule.

Any person or entity discharging water from an irrigation scheme that does not meet the water quality standards provided under these Regulations commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment not exceeding one year, or to both.

Irrigation infrastructure which includes components for water harvesting and storage structures, abstraction, conveyance, distribution, on-­farm application and drainage shall meet the standards set out in these Regulations and other applicable laws.

The irrigation infrastructure standards for water harvesting and storage structures, applicable under these Regulations shall be based on the Practice Manual for Small Dams, Pans and Other Water Conservation Structures in Kenya, 2015, and other applicable laws.

The design criteria shall observe the guidelines as provided in the National Construction Authority Facilities design Criteria Guidelines of 2016 on irrigation development.

Every irrigation farmer shall report to the association’s management committee or the supervising entity any situation which he reasonably believe presents an imminent or serious danger to the safety or health of that farmer or other farmers in the same scheme.

A person who designs or manufactures any article for use at work shall undertake the necessary research to identify, eliminate or minimize any risks to safety or health to which the design or article may give rise.

Without prejudice to the foregoing, a person may not repeat any undertaken test, examination or research in so far as it is reasonable for him to rely on the results thereof for the purposes of this regulation.

A person who constructs a water harvesting and storage structure for irrigation shall comply with the standards set by the Water Harvesting and Storage Authority.

The ancillary structures needed for a particular scheme shall be site specific as specified in the Practice Manual for Small Dams, Pans and Other Water Conservation Structures in Kenya, 2015.

Any firm or professional qualified for purposes of undertaking irrigation development shall be registered and licensed by the relevant professional bodies and enlisted by the Cabinet Secretary in the register of enlisted firms and professionals.

The register maintained under paragraph (1) shall be published on the Ministry’s website.

The categories of qualified firms and professionals for purposes of undertaking irrigation development shall be as set out in Part A - of the Third Schedule.

The conditions for enlisting with the Cabinet Secretary and information required for the same may change from time to time.

A firm or professional may be delisted by the Cabinet Secretary upon recommendation by a relevant professional body or a technical advisory committee.

The Cabinet Secretary may establish a technical advisory committee for the purpose of enlisting and determination of all matters regarding the quality of works or services carried out by the qualified professionals, firms and contractors under these Regulations.

Every foreign qualified professional, firms or contractors seeking to provide a service or engaged by an entity to carry out any works shall apply for a permit from the National Construction Authority and then be enlisted by the Cabinet Secretary before undertaking their works.

Upon enlisting under paragraph (1), the foreign qualified professionals, firms or contractors shall be deemed as a qualified professional, firms or contractor for purposes of its operations under the Act and these Regulations.

Upon completion of the service or works, the Cabinet Secretary shall delist the foreign professional, firms or contractors.

Where a complaint is made in respect of foreign qualified professionals, firms or contractors, the Cabinet Secretary may immediately suspend the registration and enlisting of such foreign professional, firm or foreign contractor from performing any tasks in Kenya pending the making of a final determination.

A person who offers or proposes to provide professional services relating to irrigation shall apply to the Cabinet Secretary for enlisting in the Form 4B in the Fourth Schedule.

The conditions for enlisting under paragraph (1) and information required for registration may change from time to time.

Upon receipt of an application under this regulation, the Cabinet Secretary shall require the attendance before the technical advisory committee of the applicant, to validate the evidence provided with the application.

In case of firms or contractors, the Cabinet Secretary shall require the firm or contractor to provide evidence of qualified professionals in their employment.

If, on the basis of the recommendations of the Technical Advisory Committee, the Cabinet Secretary is satisfied that the applicant is qualified to be enlisted, a certificate of recognition shall be issued in Form 4I set out in the Fourth Schedule for such period and on such conditions, as it may deem desirable.

The list of enlisted professionals shall be available to any person during office hours upon request in writing.

A person who undertakes irrigation shall practice good on-­farm water management under sustainable economic and environmentally sound conditions as per these Regulations and other relevant laws.

A person planning and managing farm activities shall ensure that runoff liquid from manure yards should be contained where there is risk of water pollution.