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Paper short abstract:

This study examines the production of legality and illegality in the water sector in the informal settlement Kibera in Nairobi and shows how both the formal state-owned institution and informal providers draw on notions of legality and formality to establish their position and authority.

Paper long abstract:

This study examines the production of legality and illegality in the water sector in Nairobi, with focus on the informal settlement Kibera. My point of departure is that in practice there is no such thing as formal or informal water in Nairobi, as most of it comes from the same source, running through the same pipes. Through the case of a certain water scheme, called ‘chambers’, I study how the state-owned local water provision company Nairobi Water and Sewerage Company strive to produce formal and legal water provision in the water sector in Kibera by delivering water to informal water providers. The material infrastructures, especially the pipes, play a central but ambiguous role in this, as they are used to both establish and undermine the project, and only sometimes succeed in regulating the water and carrying it to the intended destination. The company’s attempt to legalize, formalize, and capitalize on the informal water sector can largely be perceived as a failed project but does however give the informal vendors “an air of legality” (Lund 2020) which works to legitimize their business. The guise of water as being formally provided to the vendors in Kibera, moreover bolsters the legitimacy of the water provision company since it makes it seem as if the institution is living up to its responsibility as water service provider. In this way, both the formal state-owned institution and vendors in the informal settlement draw on notions of legality and formality to establish their position and authority.