Court Halts Eldowas From Enforcing New Water Tariffs After Internal Memo Causes Uproar
Legal experts warn that implementing the new tariffs while the orders remain active could amount to contempt of court, exposing Eldowas officials to personal liability.
Huruma Ward MCA and Uasin Gishu County Assembly Minority Leader Kimani Wanjoi addresses the media in Eldoret on the ongoing court case over water tariffs. Photo by Kemuma Achieng.
By Juliet Jerotich
Thousands of households in Eldoret have received temporary reprieve after the Environment and Land Court confirmed that conservatory orders stopping the implementation of new water tariffs by Eldoret Water and Sanitation Company (Eldowas) remain in force.
Justice Emanuel Washe issued the orders on March 25, 2025 in Peter Kimani Wanjoi vs. Eldowas & WASREB (Case No. ELCLPET/E010/2024), suspending Gazette Notice No. 12825 of October 4, 2024, which had announced steep increases in water and sewerage charges. Eldowas had planned to roll out the new rates beginning November 2024.COURT ORDER – ELDOWAS[1]
Eldowas Memo Sparks Confusion
On Wednesday night, Eldowas management circulated an internal memo directing its staff to begin implementing the new tariffs as per the gazetted rates. The memo, which was shared widely on social media, instructed billing and operations teams to prepare for the revised charges despite the existence of conservatory orders.
The directive triggered confusion and outrage among residents and leaders, who interpreted it as an attempt to impose the increased charges in defiance of the court’s orders still pending in Case E010.
Legal Background and Clarification
The confusion partly stemmed from the dismissal of an earlier case—E009, filed by Kipkorir Menjo and others—which had also secured temporary conservatory orders against the tariff increase but was later concluded. Some assumed the end of E009 meant all court protections had lapsed.
In reality, Case E010 remains active, and the interim orders restraining tariff enforcement are still in effect until the matter is heard on December 5, 2025. This means Eldowas is legally barred from charging the new rates until the court issues a final ruling. Any attempt to proceed could amount to contempt of court, exposing the company and its officials to penalties, including personal liability.
MCA Kimani Wanjoi’s Response
Huruma Ward MCA and Uasin Gishu County Assembly Minority Leader Kimani Wanjohi, one of the petitioners in the case, urged residents not to be intimidated by the memo.
“A court order is not given in vain. It has to be obeyed,” he told reporters. “Any attempt to impose the tariffs in defiance of live orders would be blatant disrespect of the court and could expose both Eldowas and individual officials to legal penalties.”
Wanjohi also questioned the process that led to the tariff hike, citing two key issues:
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Inadequate public participation: Consultations were limited to County Hall rather than extending to ward level, contravening constitutional requirements for transparency and inclusiveness.
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Questionable role of WASREB: Although WASREB is the national regulator, Wanjohi argued that its involvement in advising Eldowas—a county-owned entity—overstepped its mandate. Water service delivery is a devolved function under Kenya’s Constitution.
“As long as I am the Huruma Ward representative, citizens will never suffer from unfair water bills. We are in court on behalf of citizens, and justice will prevail,” he vowed.
The case will be mentioned again on December 5, 2025. Until then, the conservatory orders in Case E010 continue to shield thousands of households from paying the revised tariffs.
Legal experts warn that implementing the new tariffs while the orders remain active could amount to contempt of court, exposing Eldowas officials to personal liability.
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