The world over, the role and eligibility of the state in the provision of water supply is increasingly coming into question. Policy makers and analysts are advocating the abdication of the state in favour of private participation. This is expected to bring with it a host of benefits to all the stakeholders concerned. Kenya is one of the developing countries that have endeavoured to privatize their water sectors. Kenya has done this by enactment and implementation of the Water Act of 2002. The paper carries out an analysis of the water institutions being created under the new legislation. This has been done against conventional policy and conceptual frameworks. Overall, the institutional set-up is found to be public sector-oriented rather than private sector-oriented. Recommendations are made for legislative review for mainstreaming private sector participation.