List of Licenses Required before a Borehole is Drilled in Kenya

Drilling a borehole in Kenya constitutes a regulated activity governed by the Water Act, 2016, and the Water (Resources) Regulations, 2025 (Legal Notice No. 58 of 2025). These frameworks, administered primarily by the Water Resources Authority (WRA), ensure sustainable groundwater management, equitable allocation, and environmental protection. Failure to obtain the requisite authorizations prior to commencement exposes project proponents to severe penalties, including demolition of illegal works at the owner’s expense, confiscation of equipment, fines, and potential prosecution under Section 147 of the Water Act.

Compliance is not merely procedural; it safeguards aquifers, prevents over-abstraction, and guarantees long-term viability of the water source. Teko Engineering Ltd, a fully licensed water infrastructure company with operations across all 47 counties and a track record of over 500 successful boreholes, assists clients in navigating these requirements efficiently. The following constitutes the exhaustive list of licenses and authorizations mandated before any drilling may begin.

1. Hydrogeological Survey Report

The foundational requirement is a comprehensive hydrogeological survey report prepared by a licensed water sector professional (typically a registered hydrogeologist). This report, prepared in accordance with the Third Schedule of the 2025 Regulations, must detail site-specific geology, aquifer characteristics, transmissivity, storage coefficients, neighbouring boreholes within the influence zone, water quality parameters, and sustainable yield recommendations.

The survey incorporates geophysical methods to identify optimal drilling points and minimise dry-well risks. It is submitted as a mandatory attachment to the WRA application. Without this professionally certified report, no further approvals can proceed. Teko Engineering Ltd conducts these surveys using state-of-the-art equipment, ensuring compliance and data accuracy that expedites subsequent permitting.

2. Environmental Impact Assessment (EIA) Licence from the National Environment Management Authority (NEMA)

All borehole projects, particularly those involving motorized abstraction, require an EIA study or project report under the Environmental Management and Coordination Act (Cap. 387). NEMA reviews potential impacts on groundwater quality, surrounding ecosystems, and local communities before issuing the licence.

The EIA must be conducted by a NEMA-registered lead expert and submitted alongside the WRA application for categories B, C, and D. Upon satisfaction that no significant adverse effects will occur, NEMA issues the licence, which is a prerequisite for WRA construction authorization. Domestic and commercial projects alike fall under this requirement, irrespective of scale. Teko Engineering Ltd coordinates EIA processes seamlessly, leveraging established relationships with accredited experts to secure approvals within stipulated timelines.

3. Authorization to Construct Works from the Water Resources Authority (WRA)

The core regulatory approval is the groundwater development authorization issued by the WRA. Applicants must submit Form WRA 001 (Tenth Schedule) via the eCitizen portal or designated basin offices, accompanied by:

• Proof of land ownership or written consent from the landowner
• The hydrogeological survey report
• NEMA EIA licence
• Site coordinates (UTM, Arc 1960 datum)
• Proposed abstraction volume, use category (domestic, irrigation, commercial), and pump specifications

Following public notification, site verification, and technical evaluation by basin committees, the WRA issues the Authorization to Construct Works (Form WRA 004). This document specifies construction conditions, depth limits, casing requirements, and a validity period (typically up to five years, extendable). Drilling without this authorization constitutes illegal abstraction works and triggers enforcement action. The authorization precedes any physical drilling activity.

4. Valid Drilling Contractor Licence

The entity performing the drilling must hold a current contractor licence issued under the 2025 Regulations. Borehole drilling contractors are classified (Class 1 for depths generally under 150 m; Class 2 for deeper works) and must demonstrate technical competence, equipment inventory, financial capacity, and prior project references.

Applications are submitted on Form WRC 001 and culminate in issuance of Form WRC 002 by the Ministry of Water, Sanitation and Irrigation following WRA verification. Only licensed contractors may undertake supervised construction. Unlicensed drilling invalidates the entire project and exposes both the contractor and client to liability. Teko Engineering Ltd operates with full NEMA and WRA contractor licensing, ensuring every project adheres strictly to these standards.

5. Additional Supporting Approvals

• Water Resources Users Association (WRUA) Comments: For most applications, the local WRUA must provide formal comments or a letter of no objection, confirming the proposal aligns with sub-basin allocation plans.
• County Government Approvals: While not uniformly mandated at national level, several counties require separate clearance from the county water office or physical planning department. These may include local development permits or environmental health approvals.
• Land Title Documentation: Although not a licence, a current title deed, lease, or notarized authorization is compulsory for application processing.

The Integrated Process and Timeline

The sequence is deliberate: (i) commission hydrogeological survey, (ii) prepare and obtain NEMA EIA licence, (iii) lodge WRA Form WRA 001 with all attachments, (iv) secure WRUA and county clearances where applicable, and (v) confirm the drilling contractor’s licence. Processing timelines vary by category and location: low-risk applications may conclude within 30–60 days, while higher-category projects typically require 60–120 days. Fees are prescribed in the Second Schedule and include application assessment charges (ranging from KSh 2,000 to KSh 80,000 depending on category), hydrogeological assessment, and NEMA processing. Exact amounts should be confirmed directly with the authorities, as they are subject to periodic review.

Upon issuance of the WRA construction authorization and NEMA licence, drilling may commence under supervision of a licensed professional. Post-drilling obligations—submission of borehole completion records (Form WRA 008A), water quality analysis, and final inspection—lead to the separate water abstraction permit required before any pumping begins.

Ensuring Compliance and Project Success

Adherence to these requirements protects clients from costly setbacks and contributes to national water security. Non-compliance risks not only financial loss but also aquifer depletion and legal sanctions. Professional firms mitigate these risks by managing the entire permitting chain.

Teko Engineering Ltd stands as a trusted partner in this regard. With nationwide coverage, modern DTH drilling rigs, and in-house expertise in hydrogeological surveys and regulatory navigation, the company delivers fully compliant, turnkey borehole solutions. Clients benefit from single-point accountability—from initial site assessment and permit acquisition to pump installation, testing, and handover—often within 3–7 days of drilling commencement. Flexible financing options further enhance accessibility without compromising regulatory standards.

In conclusion, securing the complete suite of pre-drilling licenses—hydrogeological certification, NEMA EIA approval, WRA construction authorization, and verified contractor licensing—represents the only lawful pathway to borehole development in Kenya. Prospective developers are strongly advised to engage licensed professionals at the outset. Teko Engineering Ltd invites inquiries for free site assessments and comprehensive permit support. Contact the team today at +254 791 999 444 or via teko.co.ke to initiate a compliant, efficient borehole project that delivers reliable water for generations.