Court Halts ELDOWAS Water Disconnections Pending Hearing

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This legal battle comes against the backdrop of complaints from residents over ELDOWAS’ 300 percent Tariff increments

 

The Environment and Land Court at Eldoret has issued a temporary reprieve to residents after an injunction was granted barring the Eldoret Water and Sanitation Company Limited (ELDOWAS) and the Water Services Regulatory Board (WASREB) from disconnecting water meters belonging to Eldoret residents in a petition filed by Kipkorir Arap Menjo and David Kipkulei Chebet.

Presiding over the matter on November 21, 2024, Justice Jane Onyango directed the respondents to refrain from any disconnections until the application is heard and determined inter partes. The case, registered as ELCLPET/E009/2024, revolves around the petitioners’ plea against alleged threats to their water supply, a move they argue violates their fundamental rights.

In the court’s orders, the second respondent has been given seven days to file their replying affidavit, while the petitioners were granted three days to file a further affidavit. The case has been set for mention on December 3, 2024.

Speaking after the ruling, one of the petitioners, Kipkorir Arap Menjo, lauded the court’s intervention, stating, “Access to water is a basic human right, and we are glad that the court has acknowledged the importance of this essential service.”

This legal battle comes against the backdrop of complaints from residents over ELDOWAS’ 300 percent Tariff increments . The water company has defended its actions in previous statements, citing the need to recover debts and ensure sustainable service delivery.

Justice Onyango emphasized compliance with the court orders, warning of penal consequences for any disobedience. “The court’s directive must be observed by all parties until the matter is resolved,” noted Deputy Registrar Hon. Nancy N. Barasa in the signed order.

The outcome of this case is expected to set a significant precedent in addressing water access disputes, balancing service providers’ operational needs with the community’s rights. Residents will be closely watching the December 3 mention as both parties prepare for the next steps.

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