Eldowas Boss Faces Contempt of Court and Possible Arrest Over Tariff Memo

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“Most of our neighbours have had their water disconnected even though the court stopped the new tariffs. Eldowas staff are acting in total disregard of the law,”

Eldoret Water and Sanitation Company (Eldowas) Managing Director Dr. Lawrence Tanui is staring at contempt of court proceedings – and even a possible arrest – after issuing an internal directive that lawyers say violates existing court orders suspending new water tariffs.

On 19 September 2025, Maurice Oduor & Co. Advocates LLP, acting for Huruma Ward MCA Peter Kimani Wanjohi, formally wrote to Eldowas and Dr. Tanui demanding the immediate withdrawal of an internal memo circulated on 18 September 2025. The memo directed staff to implement the tariff increase contained in Gazette Notice No. 12825 of 4 October 2024, despite a conservatory order still in force.

The lawyers argue that Eldowas misrepresented a ruling in ELC Petition No. E009 of 2024 (Kipkorir Menjo & Another vs Eldowas & Anor) to suggest that earlier interim orders suspending the tariff increase had been lifted. In fact, they maintain, the orders in ELC Petition No. E010 of 2024 (Peter Kimani Wanjohi vs Eldowas & Anor) remain valid, and the matter is still pending before the Environment and Land Court in Eldoret.

“Do not mislead your staff into doing things that are contrary to law and would amount to contempt of court orders,” the lawyers warn in the letter, giving Eldowas 24 hours to retract the memo.
The Law firm added that if the memo is not withdrawn, his client will not only initiate contempt of court proceedings but will also seek a warrant of arrest against the Managing Director to enforce compliance with the orders. Under Kenyan law, contempt of court can attract fines or up to six months in jail.

Some Eldoret residents have expressed outrage at what they term Eldowas’ defiance of court orders. Sheikh Abubakar Bini, a resident, condemned the utility’s actions, saying the company’s staff were “acting in total disregard of the law” despite the clear conservatory orders issued by the court.

A water meter disconnected by Eldowas in Shauri Estate.

“Most of our neighbours have had their water disconnected even though the court stopped the new tariffs. Eldowas staff are acting in total disregard of the law,” said Sheikh Bini.

Court Orders Still in Force

On 25 March 2025, the court granted a conservatory order suspending the implementation of the Gazette Notice and directed Eldowas to continue billing at the old rates until the petition is determined. The orders have not been vacated or stayed.

In contrast, ELC Petition No. E009 of 2024, filed by Kipkorir Menjo on behalf of Eldoret residents, was dismissed — but Menjo has already announced plans to appeal. He told local media he will “seek justice for Eldoret residents and ensure tariff increases are subjected to proper public participation.”

If Eldowas fails to comply within the 24-hour ultimatum, the legal team representing MCA Wanjohi says it will move to court for contempt proceedings and request a warrant of arrest for Dr. Tanui.

The unfolding dispute now places Eldowas and its senior leadership under intense legal and public scrutiny over its tariff policy and respect for judicial authority.

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