High Court Quashes Eldowas Board Appointments Over Constitutional Violations
The court heard that the appointment of the board members was a clear violation of the provisions of Articles 10, 27, 56, 175, and 232 of the Constitution

David Singoei-ELDOWAS Board Chair
The High Court in Eldoret has quashed the appointments of the Eldowas Board of Management and issued orders prohibiting the nine board members from further drawing salaries and allowances.
This ruling follows an application by Geoffrey Kipchumba Rono and Bellat Sosthen Rono.
The applicants argued that the Eldoret Water and Sanitation Company, Uasin Gishu County Public Service Board, and the Water Services Regulatory Board contravened various sections of the Constitution in the appointments of the nine board members.
These members include David Kiptoo Singoei, a former Ngenyilel ward MCA and Uasin Gishu gubernatorial aspirant, Rachael Misoi, David Chumba Chemweno, Edward Kisaka Nalianya, Nathan Kipchirchir Tororei, Cliff Kosgei Magugui, Francis Kipkoech Chirchir, Mary Kerich, and Eliud Kipkorir Chemaget.

The court heard that the appointment of the board members was a clear violation of the provisions of Articles 10, 27, 56, 175, and 232 of the Constitution. The continued breach is an affront to constitutionalism and the rule of law, as the said appointments were not subjected to a stakeholder participation process. Instead, the interested parties were handpicked and do not represent any known stakeholders. Furthermore, Eldowas does not have the power or capacity to appoint any of the members.
It was argued before Justice Anuro Wananda that the County Executive Committee member responsible for matters relating to water, the Chief Officer of Water, Irrigation and Sanitation, and the Director of Water, Irrigation and Sanitation were not appointed to the Eldowas Board as required under Regulation 10 of the Water Services Regulations to the Water Act, 2016.
Additionally, the composition of the Eldowas Board failed to meet the two-thirds gender rule as envisaged under Articles 27 and 175(c) of the Constitution of Kenya, 2010, as read with Regulation 10 of the Water Services Board.
Advocate Kelvin Bett argued that the appointments overlooked the corporate governance guidelines for WASREB 2018, and as such, the entire process should be repeated in accordance with the law.
The applicants are demanding that a new board be constituted in line with Regulation 10 of the Water Services Regulations, which sets the following minimum standards for the rules and procedures governing the appointment, composition, and qualifications of members of the board of directors of a county water service provider.
The board members shall have the minimum educational qualifications, professional experience, and skills mix compliant with guidelines set by the Regulatory Board from time to time. The board of directors shall include persons representing different categories of consumer groups and other stakeholders in the area of water services supply.
The board shall not include any person who, at the time of nomination for appointment, is serving as an elected member of a county government, holds office in a political party, or is a serving member of Parliament or of the county assembly. The county government shall be represented on the board of directors by no more than two officials, and the members of the board other than public officers representing the county government shall be appointed following an open competitive process.
The appointing authority shall ensure that no more than two-thirds of the members are of the same gender.
The mention of the case will come up before Justice Wananda on July 15, 2024.