1. Hydrogeological Survey Approval
Licensing title:
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Hydrogeological Survey Approval / Hydrogeological Survey Report
Licensing body:
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Licensed hydrogeologist or geologist registered with relevant professional bodies (e.g., geoscience associations)
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Recognized by the Water Resources Authority (WRA), which relies on this report for subsequent permits
Description:
Before any borehole is drilled, a hydrogeological survey must be carried out to assess groundwater availability, aquifer characteristics, estimated yield, and the best drilling location. The consultant conducts field investigations, reviews local geology, and may use techniques such as resistivity surveys to map underground water. The final product is a signed and stamped hydrogeological report.
Purpose of the license/report:
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To confirm that groundwater exists in viable quantity and quality at the proposed site.
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To recommend the expected drilling depth, casing design, and safe abstraction rates.
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To provide a technical basis for the WRA to decide whether to authorize drilling, thereby reducing failed boreholes and over‑exploitation of aquifers.
2. Water Resources Authority (WRA) Drilling Authorization / Construction Permit
Licensing title:
2. Water Resources Authority (WRA) Permit to Construct / Drilling Authorization Letter
Licensing body:
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Water Resources Authority (WRA), established under the Water Act 2016 to manage and regulate water resources in Kenya.
Description:
Once the hydrogeological survey is complete, the borehole owner applies to WRA for authorization to construct the borehole. The application typically includes WRA forms, the hydrogeological report, proof of land ownership, identification documents, and applicable fees. WRA reviews the documents, may conduct site inspections, and categorizes the project based on size and risk before issuing a written drilling authorization.
Purpose of the license:
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To ensure the proposed borehole aligns with national water allocation plans and catchment management strategies.
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To regulate the number, location, and depth of boreholes and prevent over‑abstraction of groundwater.
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To make the drilling process legal; drilling without WRA authorization is considered an offence and can result in fines or borehole closure.
3. National Environment Management Authority (NEMA) Environmental Impact Assessment (EIA) License
Licensing title:
3. Environmental Impact Assessment (EIA) License
Licensing body:
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National Environment Management Authority (NEMA), the national environmental regulator.
Description:
For many borehole projects—especially commercial, high‑yield, or institution‑based schemes—an Environmental Impact Assessment is required. A NEMA‑licensed environmental expert carries out the EIA, evaluating potential impacts on soil, ecosystems, neighboring water users, and social conditions. The EIA report is submitted to NEMA for review; upon approval, NEMA issues an EIA license which is attached to WRA applications.
Purpose of the license:
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To identify and mitigate negative environmental effects such as aquifer depletion, pollution risks, or interference with nearby springs and wells.
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To ensure the project includes environmental safeguards like sanitary seals, safe distances from pit latrines, and proper wastewater management.
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To demonstrate compliance with Kenya’s environmental laws and avoid penalties or project suspension.
4. County Government Approval and Permits
Licensing title:
4. County Government Borehole Approval / Local Authority Permit
Licensing body:
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Relevant County Government where the borehole is located, often through the county water department, planning office, or environment department.
Description:
Most counties require project proponents to obtain local approvals before drilling. Requirements vary but commonly include: a letter of no objection from the local water service provider, proof of land ownership, and evidence of WRA and NEMA compliance. Counties may also charge permit fees and request inspection of the site.
Purpose of the license:
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To ensure the borehole project aligns with county water master plans and local infrastructure.
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To avoid conflicts with existing public water schemes or planned pipelines.
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To give the county oversight over drilling activities within its jurisdiction, including enforcement of zoning and public health by‑laws.
5. WRA Drilling License for Borehole Contractors
Licensing title:
5. Borehole Drilling Contractor License / WRA Driller Registration
Licensing body:
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Water Resources Authority (WRA), which licenses and registers borehole drilling companies and individuals.
Description:
Only contractors who hold a valid drilling license from WRA are legally permitted to drill boreholes in Kenya. The license is granted after the contractor demonstrates technical capacity, appropriate equipment, qualified staff, and adherence to drilling standards. Borehole owners are advised to verify their driller’s license number with WRA or request copies of registration certificates.
Purpose of the license:
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To ensure that boreholes are drilled safely, professionally, and in line with national standards for casing, grouting, and wellhead protection.
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To reduce structural failures, contamination, and inaccurate borehole records caused by unqualified drillers.
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To provide a basis for WRA to enforce regulations; WRA may refuse to recognize or license abstraction from boreholes drilled by unlicensed contractors.
6. WRA Water Abstraction / Water Use Permit (Post‑Drilling)
Licensing title:
6. Water Abstraction Permit / Water Use Permit
Licensing body:
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Water Resources Authority (WRA).
Description:
After drilling and test‑pumping the borehole, users who intend to continuously abstract groundwater (for domestic, institutional, agricultural, or commercial use) must obtain a water abstraction permit. The application includes borehole completion records, pump test results, intended abstraction rate, and sometimes water quality analysis. WRA assesses whether the proposed use is sustainable and may set limits on pumping rates.
Purpose of the license:
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To legally authorize ongoing extraction of groundwater from the borehole.
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To control total water use in each catchment and protect aquifers from over‑pumping.
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To create a formal record of all active boreholes and their usage, supporting long‑term water resource planning.
7. Proof of Land Ownership and Consent (Supporting Legal Requirement)
Licensing title:
7. Proof of Land Ownership / Landowner Consent (supporting requirement, not a separate regulatory license)
Licensing body:
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Not issued by WRA or NEMA directly, but required as legal documentation:
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Ministry of Lands and Physical Planning, for title deeds and official searches
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Landlords or community authorities, for consent letters and lease agreements
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Description:
To obtain WRA permits and county approvals, the applicant must prove the legal right to use the land where the borehole is drilled. Acceptable documents include title deeds, lease agreements, or written consent from the landowner for rented or communal land. For institutional or community projects, resolutions or consent letters may be needed.
Purpose of the requirement:
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To prevent land disputes arising from boreholes drilled on property without the owner’s permission.
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To ensure long‑term access and maintenance rights for the borehole and associated infrastructure.
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To give regulators assurance that the applicant is a legitimate project proponent.
