REPUBLIC OF KENYA

MINISTRY OF WATER, SANITATION AND IRRIGATION

PROCEDURE AND DEED FOR HANDING OVER COMPLETED

IRRIGATION, DRAINAGE AND LAND RECLAMATION PROJECTS

MARCH, 2022

1
2
TABLE OF CONTENTS

1. PROCEDURE FOR HANDING OVER COMPLETED IRRIGATION, DRAINAGE, AND

LAND RECLAMATION PROJECTS ............................................................................... 4
1.1. INTRODUCTION .............................................................................................. 4
1.2. DEFINITIONS ................................................................................................... 5
1.3. THE PROCEDURE ............................................................................................. 6
1.4. REVIEW THIS PROCEDURE............................................................................. 11
2. DEED OF HANDOVER FOR COMPLETED IRRIGATION, DRAINAGE AND LAND
RECLAMATION PROJECTS ....................................................................................... 12
2.1. DEFINITIONS .............................................................................................. 16
2.2. THE PROJECT DESCRIPTION AND STATUS ................................................... 17
2.3. FINANCING ................................................................................................. 17
2.4. ASSETS, LIABILITIES AND OBLIGATIONS ...................................................... 18
2.5. OWNERSHIP OF THE IRRIGATION, DRAINAGE AND LAND RECLAMATION
PROJECT .............................................................................................................. 18
2.6. CONDITION PRECEDENT ............................................................................. 18
2.7. REPRESENTATIONS AND WARRANTIES....................................................... 18
2.8. GOVERNING LAW ....................................................................................... 19
2.9. GENERAL PROVISIONS ................................................................................ 19
3.0. SCHEDULE 1 ..................................................................................................... 21
PART I –PROJECT INFORMATION ......................................................................... 21
PART II –PROJECT DESCRIPTION-COMPONENTS AND STATUS ............................. 22
PART III- PROJECT ASSETS, LIABILITIES AND OBLIGATIONS .................................. 23
PART IV – DECLARATION ...................................................................................... 24

3
1. PROCEDURE FOR HANDING OVER COMPLETED IRRIGATION, DRAINAGE, AND
LAND RECLAMATION PROJECTS

1.1. INTRODUCTION

The Ministry of Water, Sanitation and Irrigation, has a mandate to develop, manage
and regulate irrigation, to support sustainable food and nutrition security, and
socioeconomic development in Kenya. The Irrigation Act, 2019 Section 6(2)(d)
mandates the Cabinet Secretary to promote the use of efficient irrigation systems
across the country. Further, section 17(1)(a) & (b) of the Act mandates the Cabinet
Secretary to prescribe administrative and regulatory framework for water storage
infrastructure, flood control and land reclamation. In realization of the mandate,
the Ministry involves County Governments and other stakeholders as anchored in
Section 6(3) of the Act.

Development of irrigation, drainage and land reclamation projects involves

Participatory approach in order to foster continuity and sustainability. Beneficiaries
and key stakeholders are involved at all phases of project development. Irrigation,
drainage and land reclamation projects undergo systematic development process
involving phases of initiation; planning and design; implementation; and operation
and maintenance. The implementation of Irrigation, drainage and land reclamation
projects is guided by an implementation agreement signed between the
implementing/supporting entities and the beneficiaries. This procedure is
developed cognizant of this process.

The Ministry, other Ministries, Departments, Agencies (MDAs) and County

Governments, implement various irrigation, drainage and land reclamation projects
which on completion require handing over to the beneficiary. Such projects shall be
deemed ready for handing over at the end of the defects liability period and the
contractor has been issued with the project completion certificate. The Ministry
has developed a procedure to be used to guide the process for handing over of
such completed projects to ensure sustainability. Further, the process involves
ensuring that receiving party has the knowledge and capability to manage the
4
project post-handing over. This procedure is also applicable to any other entity
implementing irrigation, drainage and land reclamation projects. The procedure
involves formal handing over of completed projects from implementing entity to
the receiving party, through a single event or phased over a period of time. The
handing over process is expected to last not more than 90 days from appointment
of the handing over committee to the official handing over event.

1.2. DEFINITIONS

“Irrigation Projects” means any structural undertakings for irrigation development

and management, irrigation water harvesting, storage and distribution, and land
reclamation
“Completed project” means a project where all components are completed and
ready for use.
“Project component” means a section, unit or part of a project that is meant for a
particular purpose or functionality or a group of assets, structures or facilities that
have been designed and implemented for the project to enable its functionality.
“Assets” means the property, movable or immovable, fixed assets, equipment,
furniture and fittings, infrastructure and facilities.
“Liabilities” means Court cases, debts, charges, duties and obligations arising from
past and existing project contracts.
“Obligations” means roles, duties or commitments assigned to various parties upon
handing over.
“Authority” means the National Irrigation Authority (NIA)
“Implementing Entity” means the institution or agency implementing an irrigation,
drainage and land reclamation project

5
“Supporting Entity” means the institution or agency providing technical and or
financial support for the implementation of an irrigation, drainage and land
reclamation project
“Beneficiary” means the receiving party for a completed irrigation project
“The Act” means the Irrigation Act No.14 of 2019
“Irrigation Water Users Associations” means any Association duly registered as
such under the Societies Act (Cap) 108 Laws of Kenya, and licensed to operate as
such under the Irrigation Act
‘’Authorized Representative’’ means official with authority to commit and sign
documents on behalf of his/her organization either explicitly or implicitly.
“Stakeholder” means party or parties that have an interest or are involved in the
financing, improvement, operation and maintenance, supervision, capacity
building, and any other support that will ensure continuity and sustainability of the
project
“Supervising Entity” means an entity exercising a supervisory role over the
development and management of irrigation schemes.
“Drainage” means removal of excess water from agricultural lands for control and
management of the water table for crop production

1.3. THE PROCEDURE

The implementing/ supporting entity shall play a leading role in execution of this
handing over procedure. The handing over procedure comprises of six (6) steps as
described below.

6
Step 1: Appointment of Handing Over Committee

The implementing/supporting entity shall, in collaboration with the beneficiary and

stakeholders, appoint a Handing over Committee composed of at least five (5) and
not more than seven (7) members including Secretary of the project
implementation committee (where applicable) and the engineer who supervised
the implementation of the project to coordinate and oversee the handing over
process. The implementing/supporting entity will provide the secretary to the
committee. In the case of national government implementing Agency handing over
project to county government, the committee shall comprise representatives from
the two levels. This may apply to projects which the national government entity
implemented on behalf of the County Government. Further, for cross county
projects the handing over committee shall comprise representatives from the
implementing/ supporting entity and the joint project management committee. If
national government agency is handing over to another government agency the
committee shall comprise representatives from both agencies.

Step 2: Project Implementation Process- Background Check

The Handing Over committee will prepare a checklist of the required project
implementation process documents prior to handing over to confirm that due
process was followed during design and implementation. The implementing/
supporting entity shall ensure that any necessary item missing in the checklist is
availed. The list, where applicable, includes the following:

1. Feasibility Study Report

2. Project Design Report
3. Regulatory and Statutory Requirements (Construction License - National
Construction Authority (NCA), Environmental and Social Impact Assessment
(ESIA) Report – National Environmental Management Authority (NEMA)
License, Water Abstraction Permit-Water Resources Authority (WRA),
Irrigation License-Ministry of Water, Sanitation and Irrigation (MoWSI),

7
 compliance with Public Procurement and Disposal Act and Public Finance
Management Act for projects using public funds)
4. Signed Contract between the Contractor and the Employer for the project
5. Memorandum of Understanding or the Project Implementation Agreement
between the implementing/ supporting entity and beneficiary highlighting
the roles and obligations of each party during the project cycle.
6. List of beneficiaries with Name and National Identification (ID) Number, and
Land Registration (LR) Number where applicable
7. Beneficiary/ farmers training reports
8. Test Report for functionality of the system (Test may proceed into Defects
Liability period)
9. Inspection and Acceptance Report
10.Proof of Completion (Taking Over/Completion Certificate for the works)
11.Project Status Report
12.Operation and Maintenance Manual (with as built drawings)
13.Signed way leaves/easements
14.Project completion certificate
15.Scheme completion report
16.Any other documents as the case may demand

Step 3: Preparation of Beneficiaries and Stakeholders

The preparation of beneficiaries and stakeholders for handing over should be

embedded from the onset of project implementation, contained in implementation
agreement and actualized upon project completion. The stakeholders include the
direct beneficiaries whom the project is to be handed over to and any other
stakeholder obligated or willing to support the project post-implementation
activities for continuity and sustainability. The beneficiaries and stakeholders may
include, but not limited to:

1. County Governments
2. Irrigation Water Users Association (IWUA) / Irrigation farmers
3. Way leaves holders

8
4. Project implementation Committees
5. Contractor
6. Local Administration
7. Political Leaders
8. Supervising entity (National Irrigation Authority (NIA) or County Irrigation
Development Unit (CIDU)
9. Ministry, Departments and Agencies (MDA)
10.Private irrigation service providers, and
11.Any other pertinent stakeholder.

The activities in this step are as follows:

i. Identification of any pre - and post - handing over training needs

ii. Undertake further training of the beneficiaries/farmers especially on key
Operation and Maintenance aspects of the project to ensure optimum
system performance while observing acceptable socio-economic and
environmental standards.
iii. Identification of stakeholders to participate in the handing over process
including the ones who will execute the handing over instrument.
iv. Notification of beneficiary and stakeholders on the planned handing over
event
v. Identification of any existing and potential disputes and resolve them or
propose the measures to be undertaken to resolve or forestall them.

The Handing over Committee to undertake pre - handing over site visit to;
a. Undertake a joint project inspection to establish the project status by
component and other assets
b. Discuss beneficiary and stakeholders on the project status
c. Assess readiness of the beneficiary for taking over (should include technical,
organizational and financial capability)
d. Identify areas which may require attention and propose resolution measures
e. Discuss their participation/roles/obligations during and after handing over.

9
 f. Discuss the handing over instrument with the beneficiary and stakeholders,
fill the necessary details and agree on the signatories.

The committee shall then prepare and submit to the implementing/ supporting
entity signed pre-handing over minutes and an updated project status report with
an opinion on the level of preparedness for taking over by the beneficiaries.
If in the opinion of the committee, there are areas of unpreparedness or
unresolved issues that hinder the handing over, then these have to be addressed
within timelines recommended by the committee before proceeding to the next
step.

Step 4: Organize for handing over event

The handing over committee shall carry out publicity for handing over event,
prepare a venue for the public function, programme, and extend invitation to
stakeholders. The implementing/ supporting entity shall ensure all documents
required to be handed over to the beneficiary are available and in order. Handing
over form (schedule No.1 of the deed of handing over) and the deed of handover
shall be prepared in readiness for execution during the official handing over.

Step 5: Conduct official handing over

This will be conducted as a brief tour of the project by the authorized

representatives of the implementing/supporting entity, beneficiary and
stakeholders followed by signing of the handing over instrument in a public
function. The number of copies to be signed and the custody of each signed copy
shall be as specified in the handing over instrument. The implementing/ supporting
entity shall take proceedings and prepare handing over report for records and
share signed copy with beneficiary for future reference.

10
Step 6: Post Handing over
The implementing/supporting entities will continue discharging their obligations as
mandated or provided for in law to ensure continuity and sustainability of the
projects.

1.4. REVIEW THIS PROCEDURE

This Procedure will be reviewed as need arises but within a period not exceeding 10
years from its date of publication.

11
2. DEED OF HANDOVER FOR COMPLETED IRRIGATION, DRAINAGE AND
LAND RECLAMATION PROJECTS

Dated as of the day of , ..………

………………………………….
(as “Implementing/Supporting Entity”)

- and -

……………………………………………..
(as “Beneficiary”)

_____________________________________________________

DEED OF HANDOVER FOR COMPLETED IRRIGATION DRAINAGE AND LAND

RECLAMATION PROJECTS

in respect of (the project)

………………………………………
__________________________________________________________

12
 Name and Address (Implementing Entity)
…………………………………………..….……………………………..
P.O. Box ………………………….…...
Telephone: ……………………………
E-mail: ……………………….………….

13
 THIS DEED OF HANDOVER IS BETWEEN:

1. ………………………, for the purposes hereof of Post Office Box Number

…………….., (hereinafter referred to as the “Implementing/ Supporting entity”
which expression shall, where the context so requires, include it’s successors
in title and assignees); and

2. ……………………………. of Post Office Box Number …………………………… (Hereinafter

referred to as the “Beneficiary” which expression shall, where the context so
requires, include it’s successors in title and assignees)

WHEREAS
A. The Constitution of Kenya 2010 under article 43 emphasizes the citizens’
right to be free from hunger and to have adequate food of acceptable quality
and the attendant legal obligations imposed on the State under article 21.

B. Kenya has formulated Vision 2030 which aims to provide food and nutrition
security to all Kenyans by the year 2030. For the attainment of Vision 2030
with regard to agriculture and livestock, one of the priorities is to increase
the acreage under irrigation and reduce dependence on rain-fed agriculture.

C. Section 6(1) of the Irrigation Act obligates the National Government to

develop, manage and regulate irrigation throughout Kenya and to ensure the
effective exercise and performance by any authority or person under the
authority of the Cabinet Secretary of their powers and duties in relation to
irrigation and drainage, including water harvesting and storage for irrigation.

D. Section 17(1) (a) and (b) of the Act requires the Cabinet Secretary to consult
with the council of county governors in prescribing administrative and

14
 regulatory framework for the management and development of water
storage infrastructure, and flood control and land reclamation dams and
dykes; and water storage creation requirement on all existing and future
irrigation projects.

E. Section 19 (4) of the Act obligates the Cabinet Secretary, through the
Authority and in collaboration with county governments and relevant
stakeholders, to provide support, subject to availability of resources, and
direction for capacity building and technical advisory services to irrigation
water users’ associations, scheme management committees, dispute
resolution committees and other farmer associations to enable them to take
over governance and management responsibility for smallholder schemes as
soon as possible after they are developed.

F. Funding for irrigation, drainage and land reclamation development and

management is mainly provided by the Government of Kenya (GoK) from
budgetary resources allocated to Ministries, Departments and Agencies
(MDAs), County Governments and by on-lending concessionary loans or
grants from the Development Partners as well as from commercial loans.

G. Completed irrigation, drainage and land reclamation projects shall be handed

over by the supporting or implementing institution and an instrument
executed at the time between the Implementing/Supporting entity and
beneficiary. For purposes of this deed, the receiving parties shall include
MDAs, County Governments, Farmer and Community organizations including
Irrigation Water Users Associations (IWUAs), and individual irrigation
farmers.

15
NOW THIS INSTRUMENT WITNESSETH

2.1. DEFINITIONS
1.1“Irrigation, drainage and land reclamation Projects” means any structural
undertakings for irrigation development and management, irrigation
water harvesting, storage and distribution, and land reclamation.
1.2 “Completed project” means a project where all components are
completed and ready for use.
1.3 “Project component” means a section, unit or part of a project that is
meant for a particular purpose or functionality or a group of assets,
structures or facilities that have been designed and implemented for the
project to enable its functionality.
1.4 “Assets” means the property, movable or immovable, fixed assets,
equipment, furniture and fittings, infrastructure and facilities.
1.5“Liabilities” means Court cases, debts, charges, duties and obligations
arising from past and existing project contracts.
1.6 “Obligations” means roles, duties or commitments assigned to various
parties upon handing over.
1.7 “Authority” means the National Irrigation Authority (NIA)
1.8 “Implementing Entity” means the institution or agency implementing an
irrigation, drainage and land reclamation project
1.9 “Supporting Entity” means the institution or agency providing technical
and or financial support for the implementation of an irrigation, drainage
and land reclamation project
1.10 “Supervising Entity” means an entity exercising a supervisory role over
the development and management of irrigation schemes

16
 1.11 “Beneficiary” means the receiving party for a completed irrigation,
drainage and land reclamation project
1.12 “The Act” means the Irrigation Act No.14 of 2019
1.13 “Irrigation Water Users Associations” means any Association duly
registered as such under the Societies Act (Cap) 108 Laws of Kenya, and
licensed to operate as such under the Irrigation Act 2019.
1.14 ‘’Authorized Representative’’ means an official of the organization that
is authorized to commit and sign documents on behalf of his/her
organization, either explicitly or implicitly.
1.15 “Stakeholder” means party or parties that have an interest or are
involved in the financing, improvement, operation and maintenance,
supervision, capacity building, and any other support that will ensure
continuity and sustainability of the project.

2.2. THE PROJECT DESCRIPTION AND STATUS

The irrigation/drainage/land reclamation project referred to by the
Name………………………………….situated
within…………………County,…………….……….locality, and whose detailed
description and status is contained in Schedule No.1 (Part ii), is hereby
handed over on this ………………….day of……………20 …….

2.3. FINANCING
That the said project was financed by …………………….and implemented by
…………..…………………. at a total cost of Kshs………………….. with …………………as
the contribution of the receiving party.

17
2.4. ASSETS, LIABILITIES AND OBLIGATIONS
1. That from and including the handing over date, all the assets and liabilities
described in schedule 1 Part (iii) of this deed are handed over to the receiving
party and from this date, the receiving party is responsible for the assets and
liabilities.
2. The receiving party is obligated and undertakes to operate and maintain the
project and its assets as per schedule 1 Part (iii), adhere to necessary
regulatory requirements throughout the project life, and may insure the
project assets as part of operation and maintenance.
3. The implementing/supporting entities shall continue discharging their
obligations as mandated or as provided by law to ensure continuity and
sustainability of the project.

2.5. OWNERSHIP OF THE IRRIGATION, DRAINAGE AND LAND RECLAMATION

PROJECT
Ownership of the project shall vest with the receiving party upon handing over
of the project, except in instances where an irrigation project relates to a
national or public scheme as per section 19(3) of the Act.

2.6. CONDITION PRECEDENT

By signing this deed, the parties hereunto confirm that the conditions of the
prescribed handing over form as contained in Schedule 1, and the handing over
procedure in line with statutory requirements as contained in Step II of the
procedure have been complied with.

2.7. REPRESENTATIONS AND WARRANTIES

a. The parties herein have power and authority to execute this deed.

18
 b. That there are no circumstances in existence that would prevent or
invalidate the handing over of the project to the receiving parties.
c. The execution and performance of this deed by the parties do not conflict
with, and do not and shall not result into breach of any applicable law, rule
or agreement or obligation to which the parties are bound.

2.8. GOVERNING LAW

That this deed of handover and its performance shall be governed by and
construed in all respect in accordance with the Laws of Kenya. Whereby, the
parties herein undertake to comply with and observe the provisions of the
Irrigation Act 2019 and all other relevant Laws or legislations or any amendment
and regulations or subsidiary legislations thereof for the time being in force.

2.9. GENERAL PROVISIONS

a. All notices or all other communication to be given under this deed shall be
given in writing to the respective officers in charge through their official
postal and email addresses.
b. Nothing in this deed shall be deemed to constitute a partnership between
the parties herein.
c. Each party shall in addition to appending their signatures and official
seal/stamp on the final page, initialize each page of this deed of handover.

IN WITNESS WHEREOF this Deed of Handover has been duly executed by the
parties hereto as of the day and year first above written.

19
 EXECUTION

THE SUPPORTING or IMPLEMENTING ENTITY/AUTHORIZED REPRESENTATIVE:

SEALED/STAMPED with the COMMON

SEAL/STAMP of THE SUPPORTING/
IMPLEMENTING ENTITY )
)
Name: )
) Seal/stamp
Signature: )
)
Position: )

THE BENEFICIARY/AUTHORIZED REPRESENTATIVE:

SEALED/STAMPED with the COMMON

SEAL/STAMP of THE BENEFICIARY )
)
Name: )
) Seal/stamp
Signature: )
)
Position: )

WITNESSED BY:

1. Name: ………………………………………...

Signature: ………………………………………. Date……………….

Position: ………………………………………………………………...

20
 2. Name: ………………………………………..........................................

Signature: ………………………………………. Date……………….

Position: ………………………………………………………………..

3.0. SCHEDULE 1

FORM HP001
Handing Over Form for Completed Irrigation, Drainage and Land Reclamation
Projects
(To be filled in triplicate, original to be retained by the beneficiary, duplicate to
supporting/implementing entity, triplicate with witness/ supervising entity)

PART I –PROJECT INFORMATION

Date:
Project Name:
Contract No/Project Ref. No.:
Location of Project GPS ……………………………………………
Village…………………………………………
Ward……………………………………………Constitu
ency……………………………………County…………
……………………………….
Implementing / Supporting entity:
Project Cost:
Date of Commencement:
Date of Completion:

21
 Telephone:
Contact details (implementing
/supporting entity) Email:
Telephone:

Contact details (beneficiary) Email:

PART II –PROJECT DESCRIPTION-COMPONENTS AND STATUS

Project components, for Handing over (Attach additional sheets for more
components, and information)
No. Description Status
1
2
3
4
5

Submitted Documents (as applicable) Yes/No

1 Compliance/Test on completion Report
2 Operations and Maintenance Manual
3 Copy of Taking Over/Completion Certificate
4 Handing Over Report/Status Report
5 Other (Specify)

22
 PART III- PROJECT ASSETS, LIABILITIES AND OBLIGATIONS

Inventory of Project Assets for handing over

Item Description Quanti Status Remarks

No. ty

Inventory of Project Liabilities for handing over

Item Description Status Remarks

No.

Specific Obligations on handing over:

a) Implementing/Supporting entity
……………………………………………………………………………………………….....................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
..................

b)Beneficiary………………………………………………………………………………………………................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
23
.......................................................................................................................................
................................

c)Other stakeholders (specify)

……………………………………………………………………………………………….....................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
..................................

d)Comments………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………
…………………………………………….........................................................................................
.......................................................

PART IV – DECLARATION
Implementing/ Supporting entity Declaration:
I ……………………………………. (Name) on behalf
of........................................................................................ (Name of
Implementing/Supporting entity) of
………………………………………………………………………................…… (Address) this day the
………… of …………. (Month) of …….. (Year) handover
…………………………………………………………………………………………………………………………………
…………………………………………………………………….... (Name of the project) to the
beneficiary (Name and address)
………………………………………………………………………………………………………………………………
and declare that the Implementing/Supporting entity shall continue with the
obligations as provided in this Handing over form.

Handed Over by Name of

24
 Implementing/
Implementing/ Supporting entity Authorized Representative Supporting entity and
Official Stamp
Name…………………………….……………………………….

Signature…………………………Date...….…………………….

Position ………………………………………………………...

Witness

Name…………………………….……………………………….

Signature…………………………Date…..…………………….

Position ………………………………………………………...

Beneficiary Declaration:
I/We……………………………………………………………………………………………………….…………………
…………………………………………...……………………………………., on behalf of the beneficiary
(Name and address)
…………………………………………………………………………………………………………………………………
……………………………………………………………………..., this day the ………… of ………….
(Month) of ……….. (Year) declare that the Beneficiary shall use the project for the
intended purpose and henceforth be responsible for operation and maintenance of
the project facilities/infrastructure and that the Beneficiary shall continue with the
obligations as provided in this Handing over form

Taking Over (Names and Signature of Beneficiary Position

Authorized Representatives)
1
2
3
Witness Official Stamp

25
Local Administration (National/County)

Name…………………………….….…………………………….

Signature…………………………Date…..…………..………….

Position ………………………………………………………...

Stakeholder Declaration:
I/We……………………………………………………………………………………………………….…………………
…………………………………………...……………………………………., on behalf of the Stakeholder
(Name and address)
…………………………………………………………………………………………………………………………………
……………………………………………………………………..., this day the ………… of ………….
(Month) of ……….. (Year) declare that the Stakeholder shall continue with the
obligations as provided in this Handing over form

Stakeholders Name of Stakeholder

and Official Stamp
1. Stakeholder Authorized Representative

Name…………………………….……………………………….

Signature…………………………Date…..…………………….

Position ………………………………………………………...

2. Stakeholder Authorized Representative Name of Stakeholder

and Official Stamp
Name…………………………….……………………………….

Signature…………………………Date…..…………………….

Position ………………………………………………………...

3. Stakeholder Authorized Representative Name of Stakeholder

26
 and Official Stamp
Name…………………………….……………………………….

Signature…………………………Date…..…………………….

Position ………………………………………………………...

27