Eldoret Residents Get Relief as Water Tribunal Suspends 300% Tariff Hike Amid Public Outcry
“There is no way water costs can be as high as petrol in this town. Water is a basic need and a constitutional right,”Huruma Ward politician Harun Maina
Car being cleaned at a car wash , one of the businesses hit hard by the recent surge in water tariffs in Eldoret. Photo courtesy.
Eldoret residents and businesses have received a major reprieve after the Water Tribunal suspended the implementation of controversial water and sewerage tariffs, following months of public outcry over sharp price increases.
In a ruling delivered in Nairobi, the Tribunal ordered a stay on the enforcement of Gazette Notice No. 12825 dated October 4, 2024, which had introduced the disputed tariffs. The court directed the water service provider to immediately revert to the previous таrrif structure pending the hearing and determination of an appeal filed by affected residents.
The decision marks a significant development in a dispute that has seen households and enterprises grapple with what they described as punitive charges.
The contested tariffs were introduced in late 2024, with residents reporting increases of more than 300 percent. The sharp rise triggered widespread complaints across Eldoret, with many arguing that the new rates were unsustainable.
Small businesses were among the hardest hit. Car wash operators and players in the hotel industry cited a steep rise in operational costs, with some warning that the tarrifs threatened their survival.
Residents further argued that the increase had effectively limited access to water for many households, raising concerns over the violation of the constitutional right to clean and safe water under Article 43.
They also questioned whether there had been adequate public participation before the implementation of the new tariffs.
Tribunal’s findings
The Tribunal dismissed a preliminary objection raised by the respondents, which sought to strike out the appeal on procedural grounds, including claims that it had been filed out of time.
In its determination, the court affirmed that it had jurisdiction to hear the matter and noted that it had already granted leave for the appeal to proceed.
On the application to suspend the tariffs, the Tribunal found that the applicants had established a prima facie case, particularly on the question of public participation.
It also held that residents were likely to suffer irreparable harm if the таrrifs remained in force, emphasizing that access to water is a fundamental constitutional right that cannot be easily quantified in monetary terms.
The court further ruled that the balance of convenience favored the residents, noting that any potential financial loss to the service provider could be recovered if the appeal is ultimately unsuccessful.
Leaders welcome ruling
Huruma Ward politician Harun Maina welcomed the Tribunal’s decision, terming it a victory for residents.
“There is no way water costs can be as high as petrol in this town. Water is a basic need and a constitutional right,” Maina said.
He warned that residents would stage demonstrations if the water company fails to comply with the court’s directives.
Similar sentiments were echoed by Richard Mukhovero, Chairman of Bodaboda Turbo SACCO, who urged strict enforcement of the ruling.
Mukhovero called on the Tribunal to take decisive action against any defiance, saying adherence to the orders is essential to protect consumers.
The suspension of the tariffs will remain in place until the appeal is fully heard and determined. The case is expected to address key issues, including the legality of the таrrif increase, the adequacy of public participation, and the affordability of essential services.
For now, Eldoret residents and businesses can expect temporary relief as the legal battle over water tariffs continues.
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