Water Tariff Battle Heads to Court in Eldoret as Uasin Gishu Residents Revolt
With the court date set for November 21, the case could set a precedent for how utility tariffs are handled in Kenya,
Residents of Uasin Gishu County have voiced strong opposition to the recently announced water and sewerage tariff increments set to take effect this November, citing economic hardship and lack of public consultation.
Through their legal representatives, Mathai Maina & Company Advocates, the residents have petitioned the Water Services Regulatory Board (WASREB) to reverse the tariffs outlined in Kenya Gazette Notice No. 12825, published on October 4, 2024. The advocates argue that the increment violates Section 139 of the Water Act No. 43 of 2016, which mandates public participation before such measures are implemented.
The matter has now escalated to the courts, with the petition being filed under a certificate of urgency. It is scheduled to be heard on 21st November 2024, underscoring the residents’ determination to seek swift intervention.
In a statement addressed to WASREB, Mathai Maina & Co. Advocates emphasized the negative impact of the increment on residents and businesses. “Our clients were neither informed nor involved in this decision-making process. The increased tariffs will escalate the cost of living, discourage investment, and hinder economic growth in the region,” said the firm in the letter dated November 14, 2024.
Public Outcry and Economic Concerns
The residents fear the tariff hike will hit low-income households the hardest and create a ripple effect on the local economy. “This increase is not only inconsiderate but also untimely, given the economic challenges people are already facing,” said Jane Njeri, a local business owner in Eldoret.
The petition also requests a consultative meeting between WASREB, the Eldoret Water and Sanitation Company Limited (ELDOWAS), and community representatives to explore alternative solutions. “We believe a lasting resolution can only be achieved through dialogue,” the letter reads.
Governor Hints at Review
Amid growing public discontent, Uasin Gishu Governor Jonathan Bii, speaking on Friday, hinted at a potential review of the tariffs. “We have heard the cries of our people, and I assure you that we are engaging all stakeholders to find a solution that works for everyone,” said Governor Bii during a public event.
His remarks provided a glimmer of hope for residents who have accused local authorities and utility companies of imposing decisions without considering their input.
Similar Cases Spark Change
This case mirrors other successful community-led challenges across Kenya. For instance, in a neighboring county, residents pressured local water authorities to roll back a similar tariff increment after it emerged there was inadequate public participation. Regulatory bodies have since emphasized the need for proper stakeholder engagement in future policy changes.
Awaiting Action
The residents of Uasin Gishu now await a response from WASREB. “We hope they will prioritize the welfare of the people over revenue generation. Water is a basic necessity, and it should be affordable for all,” said Peter Kiprop, a resident of Kapseret.
With the court date set for November 21, the case could set a precedent for how utility tariffs are handled in Kenya, emphasizing the importance of transparency and public involvement.
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