Discussion Paper No. 343 of 2024 on Potential Sustainable Benefit Sharing of Nile Water Resources: Implications on Kenya’s National Interests

Abstract

The River Nile basin is crucial for the development of riparian states due to its endowed water resources and potential for irrigation and food production, hydropower generation, tourism, transportation, and other uses. However, the allocation of water resources has been skewed towards the downstream countries due to the 1929 and 1959 Nile treaties. The overall objective of this study is to explore the potential for sustainable benefit sharing mechanisms of Nile water resources and its implications on Kenya’s national interests in the basin. The findings from the analysis show that upstream riparian countries are cognizant of their increased strategic bargaining power and influence in developing common positions on the Nile negotiations. Under the Nile Basin Initiative (NBI) framework, the Nile basin is progressively developing governance institutions such as institutional capacity for water resource management and development, stakeholder participation, information sharing, dialogue, mechanisms to address emerging issues such as climate change and degradation of wetlands and watersheds. However, other features of governance such as basin organization commission, water allocation regulation, water quality and water quantity regulatory framework, dispute resolution mechanisms and enforcement mechanisms are yet to take root due to lack of inclusive and comprehensive basin-wide legal framework. The findings also show that the NBI has mainstreamed benefit sharing concept in its projects and programmes to demonstrate potential benefits to the Nile, such as conservation of the river’s ecosystem; economic benefits from the Nile such as hydropower generation, increased irrigation for food security, water resource management and development for water security; and benefits beyond the river including regional trade and investment in the context of regional integration. The upstream riparian countries should use their increased bargaining power not only in negotiations with their downstream counterparts, but also in supporting and championing major hydraulic projects that could be a game changer in hydropower generation, food security, and water security.