Relief for Uasin Gishu residents as court halts ELDOWAS new water tariff

Residents of Uasin Gishu County can breathe a sigh of relief after the Environment and Land Court in Eldoret issued a temporary injunction halting the implementation of new water tariffs by the Eldoret Water and Sanitation Company (Eldowas).

Justice Emmanuel Washe issued orders staying a Gazette notice of October 21, 2024, that saw the rise in water prices by about 300 percent, until the petition pending in court is heard and determined.

Justice Washe directed Eldowas to revert to old tariffs while urging that customers should settle outstanding bills based on the previous billing rates.

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“The Gazette Notice no. 12825 dated October 4, 2024, be and is hereby stayed pending the hearing and determination of the petition. Eldowas and Water Services Regulatory Board (WASREB) are directed to generate and issue bills based on the tariffs that existed before the gazettement of the said notice from October 1, 2024,” the judge ordered.

Eldowas adjusted its water and sewerage tariffs, effective November 2024, following the 300 percent increase, which they claimed was approved by WASREB.

The move by ELDOWAS sparked outrage among the residents, including traders, heads of institutions, and religious leaders who started collecting signatures, raising funds, and hiring lawyers to challenge the decision in court.

They expressed shock at the sudden rise in water bills that they had to pay, citing that it imposed undue financial strain to both domestic and commercial users, water kiosks, educational institutions, and the hospitality sector.

Residents led by political activists Kipkorir Menjo and David Kipkulei cited in the petition that was filed under a certificate of urgency that the water company was disconnecting meters from the customers following the price hike and consequent huge water bills.

They argued that how the tariffs were increased was unconstitutional and unjustifiable, arguing that the price hike on the basic commodity would scare away investors in the newest city.

The residents further argued in their petition that they were not aware of any public participation that was carried out before the new tariffs were implemented.

On the other hand, Eldowas stated that the increase was meant to raise over Sh2.2 billion, which was required for infrastructure improvements and to overhaul water pipeline and sewerage systems, and that a review of the water tariffs was last done in the 2018/19 financial year.

The company argued in its court papers that adequate public participation was conducted in the review process that began in 2023, adding that the new tariffs would ensure better service delivery and water access for the residents.

The case is slated for further hearing on May 13.