IDEAS home Printed from https://ideas.repec.org/a/bla/devchg/v56y2025i1p56-77.html

Law in Practice in a Nairobi Slum: Legalization and Camouflage

Author

Listed:
  • Maja Jeppesen

Abstract

State and non‐state water service providers in Nairobi strive to produce legitimate claims to water. This article examines the state's attempt to regulate water provision in Kibera, a slum of Nairobi, Kenya, where the state‐owned water service provider has installed a water system, the so‐called ‘chambers’, to combat the unauthorized diversion of water from the grid and extend the reach of their services. While the chamber system has failed the intended regulation of water provision in Kibera, it plays a central role in structuring the water provision system in the settlement. The article shows that the interactions the chambers facilitate between state and non‐state service providers produce a localized legality which draws on the language of the state and the appearance of the rule of law. At the same time, this localized legality is operationalized by illegal activities and the direct transgression of statutory law. Therefore, the legitimacy and legality of service providers is co‐produced by state and non‐state actors and between the ideal of law and practical norms constituting a ‘practical water law’.

Suggested Citation

  • Maja Jeppesen, 2025. "Law in Practice in a Nairobi Slum: Legalization and Camouflage," Development and Change, International Institute of Social Studies, vol. 56(1), pages 56-77, January.
  • Handle: RePEc:bla:devchg:v:56:y:2025:i:1:p:56-77
    DOI: 10.1111/dech.12873
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/dech.12873
    Download Restriction: no

    File URL: https://libkey.io/10.1111/dech.12873?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Wilshusen, Peter R., 2019. "Environmental governance in motion: Practices of assemblage and the political performativity of economistic conservation," World Development, Elsevier, vol. 124(C), pages 1-1.
    2. Diana Mitlin & Anna Walnycki, 2020. "Informality as Experimentation: Water Utilities’ Strategies for Cost Recovery and their Consequences for Universal Access," Journal of Development Studies, Taylor & Francis Journals, vol. 56(2), pages 259-277, February.
    3. Mitchell, Timothy, 1991. "The Limits of the State: Beyond Statist Approaches and their Critics," American Political Science Review, Cambridge University Press, vol. 85(1), pages 77-96, March.
    4. Yaffa Truelove, 2019. "Gray Zones: The Everyday Practices and Governance of Water beyond the Network," Annals of the American Association of Geographers, Taylor & Francis Journals, vol. 109(6), pages 1758-1774, November.
    5. Anindita Sarkar, 2020. "Informal water vendors and the urban poor: evidence from a Nairobi slum," Water International, Taylor & Francis Journals, vol. 45(5), pages 443-457, July.
    6. Katrine Soma & Valerie Cornelia Johanna Janssen & Oscar Ingasia Ayuya & Benson Obwanga, 2022. "Food Systems in Informal Urban Settlements—Exploring Differences in Livelihood Welfare Factors across Kibera, Nairobi," Sustainability, MDPI, vol. 14(17), pages 1-24, September.
    7. Prince K. Guma & Alan Wiig, 2022. "Smartness Beyond the Network: Water ATMs and Disruptions from below in Mathare Valley, Nairobi," Journal of Urban Technology, Taylor & Francis Journals, vol. 29(4), pages 41-61, October.
    8. Gerryshom Munala & Harald Kainz, 2012. "Managing interactions in the informal water market: the case of Kisumu, Kenya," Development in Practice, Taylor & Francis Journals, vol. 22(3), pages 347-360, May.
    9. Anuradha Joshi & Mick Moore, 2004. "Institutionalised Co-production: Unorthodox Public Service Delivery in Challenging Environments," Journal of Development Studies, Taylor & Francis Journals, vol. 40(4), pages 31-49.
    10. Malini Ranganathan, 2014. "Paying for Pipes, Claiming Citizenship: Political Agency and Water Reforms at the Urban Periphery," International Journal of Urban and Regional Research, Wiley Blackwell, vol. 38(2), pages 590-608, March.
    11. Akosua Sarpong Boakye-Ansah & Klaas Schwartz & Margreet Zwarteveen, 2019. "From Rowdy Cartels to Organized Ones? The Transfer of Power in Urban Water Supply in Kenya," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 31(5), pages 1246-1262, December.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ijlal Naqvi, 2018. "Contesting access to power in urban Pakistan," Urban Studies, Urban Studies Journal Limited, vol. 55(6), pages 1242-1256, May.
    2. Heinrich Zozmann & Alexander Morgan & Christian Klassert & Bernd Klauer & Erik Gawel, 2022. "Can Tanker Water Services Contribute to Sustainable Access to Water? A Systematic Review of Case Studies in Urban Areas," Sustainability, MDPI, vol. 14(17), pages 1-27, September.
    3. Susana Neves Alves, 2021. "Everyday states and water infrastructure: Insights from a small secondary city in Africa, Bafatá in Guinea-Bissau," Environment and Planning C, , vol. 39(2), pages 247-264, March.
    4. Nate Millington & Suraya Scheba, 2021. "Day Zero and The Infrastructures of Climate Change: Water Governance, Inequality, and Infrastructural Politics in Cape Town's Water Crisis," International Journal of Urban and Regional Research, Wiley Blackwell, vol. 45(1), pages 116-132, January.
    5. Maia Green, 2012. "Co-producing ineffective states: social knowledge, social policy and social citizenship in Africa and in development," Global Development Institute Working Paper Series esid-014-12, GDI, The University of Manchester.
    6. Azunre, Gideon Abagna & Amponsah, Owusu & Takyi, Stephen Appiah & Mensah, Henry & Braimah, Imoro, 2022. "Urban informalities in sub-Saharan Africa (SSA): A solution for or barrier against sustainable city development," World Development, Elsevier, vol. 152(C).
    7. Giorgia Silvestri & Julia M. Wittmayer & Karlijn Schipper & Robinah Kulabako & Sampson Oduro-Kwarteng & Philip Nyenje & Hans Komakech & Roel Van Raak, 2018. "Transition Management for Improving the Sustainability of WASH Services in Informal Settlements in Sub-Saharan Africa—An Exploration," Sustainability, MDPI, vol. 10(11), pages 1-19, November.
    8. Tanya Jakimow, 2020. "The Familiar Face of the State: Affect, Emotion and Citizen Entitlements in Dehradun, India," International Journal of Urban and Regional Research, Wiley Blackwell, vol. 44(3), pages 429-446, May.
    9. Anupama Roy, 2022. "Institutional ‘Presence’ and the Indian State: The Long Narrative," Studies in Indian Politics, , vol. 10(2), pages 185-200, December.
    10. Luisa Moretto, 2007. "Urban governance and multilateral aid organizations: The case of informal water supply systems," The Review of International Organizations, Springer, vol. 2(4), pages 345-370, December.
    11. repec:gig:joupla:v:1:y:2009:i:2:p:3-29 is not listed on IDEAS
    12. Stephanie L. Mudge & Antoine Vauchez, 2022. "Dependence on Independence. Central bank lawyers and the (un)making of the European economy," Post-Print hal-03913667, HAL.
    13. Nikolai A Alvarado, 2025. "Urban infrastructure and migrant citizenships: Notes towards migrant-state relations in the urban peripheries," Environment and Planning C, , vol. 43(6), pages 1053-1069, September.
    14. Adrian Mallory & Anna Mdee & Dorice Agol & Leonie Hyde‐Smith & Domenic Kiogora & Joy Riungu & Alison Parker, 2022. "The potential for scaling up container‐based sanitation in informal settlements in Kenya," Journal of International Development, John Wiley & Sons, Ltd., vol. 34(7), pages 1347-1361, October.
    15. Pwint Kay Khine & Jianing Mi & Raza Shahid, 2021. "A Comparative Analysis of Co-Production in Public Services," Sustainability, MDPI, vol. 13(12), pages 1-13, June.
    16. Ebenezer F Amankwaa & Katherine V Gough, 2022. "Everyday contours and politics of infrastructure: Informal governance of electricity access in urban Ghana," Urban Studies, Urban Studies Journal Limited, vol. 59(12), pages 2468-2488, September.
    17. Amengual, Matthew, 2010. "Complementary Labor Regulation: The Uncoordinated Combination of State and Private Regulators in the Dominican Republic," World Development, Elsevier, vol. 38(3), pages 405-414, March.
    18. Federica Natalia Rosati & Luisa Moretto & Jacques Teller, 2020. "An incremental approach to service co-production: unfolding the co-evolution of the built environment and water and sanitation infrastructures," ULB Institutional Repository 2013/314020, ULB -- Universite Libre de Bruxelles.
    19. Naveen Bharathi & Deepak Malghan & Sumit Mishra & Andaleeb Rahman, 2022. "Residential segregation and public services in urban India," Urban Studies, Urban Studies Journal Limited, vol. 59(14), pages 2912-2932, November.
    20. Enrico Gualini & Carola Fricke, 2019. "‘Who governs’ Berlin’s metropolitan region? The strategic-relational construction of metropolitan scale in Berlin–Brandenburg’s economic development policies," Environment and Planning C, , vol. 37(1), pages 59-80, February.
    21. Patrick Brandful Cobbinah & Clifford Amoako & Ata Senior Yeboah, 2023. "Informality and the politics of urban flood management," Environment and Planning C, , vol. 41(4), pages 826-843, June.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:devchg:v:56:y:2025:i:1:p:56-77. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: http://www.blackwellpublishing.com/journal.asp?ref=0012-155X .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.