Water tariffs in Eldoret city will go up by 300 per cent after the High Court lifted a suspension on a decision by Eldoret Water and Sanitation Company to increase the charges
Consumers in the city have lost a case opposing the new tariffs after Justice Emmanuel Washe of the Environment and Land Court ruled that the court had no jurisdiction to handle the case.
Residents filed a petition in court through Kipkorir Menjo and David Chebet, who sued Eldoret Water and Sanitation Company (Eldowas) and the Water Service Regulatory Board (Wasreb).
However, the petition was struck out for being in violation of the Water Act, as the court lacked jurisdiction to hear and determine it.
Justice Washe also discharged suspension orders issued on March 25, stopping implementation of the new tariffs.
After the ruling, the water firm immediately issued a circular indicating it would implement the increased tariffs as from the next billing.
Eldowas CEO Lawrence Tanui said the company is now at liberty to implement the tariff as contained in Gazette Notice No 12825 dated October 4, 2024.
“We will proceed with the implementation in line with Wasreb’s guidelines and customer notification procedures,” he said.
Tanui said the company remained focused on improving services, expanding access and ensuring the sustainability of its operations.
The water firm reassured its customers that all billing adjustments will follow the approved tariff structure and the process will be transparent.
The 64 Residents Association, represented by lawyer Kaira Nabasenge, had also been enjoined in the suit.
Residents have now vowed to appeal the decision and use all other means to oppose implementation of the new tariffs.
“We believe the court erred and we will seek redress in the Court of Appeal,” Menjo said.
Residents had accused the water firm of increasing the water tariffs without proper public participation and the new rates were punitive and too high to be imposed on residents.
The increment, which had initially been effected in October last year, sparked protests from residents before the tariffs were suspended.
Residents want the new tariffs quashed to allow for proper public participation before any rise in rates is considered.
Eldowas had initially justified the increased rates, arguing there had been adequate public participation and the review was in line with increased operational costs among other reasons.
