Residents of Eldoret are reprieved after the Water Tribunal suspended a 300 per cent increase in water tariffs, pending the hearing and determination of a case challenging the hike.
The Eldoret Water and Sanitation Company (Eldowas) had implemented the revised tariffs last year, sparking widespread protests from residents who argued the increases were unaffordable.
Some households reportedly accumulated unpaid bills and had their water supply disconnected following the adjustments.
The dispute was first taken to the High Court, where residents lost, before escalating the matter to the Water Tribunal.
In a ruling delivered in Nairobi on Friday, Tribunal member Amos Mutuku ordered the suspension of the tariffs, finding the applicants had established a prima facie case warranting a full hearing.
“The upshot of the foregoing is that we find the application to be merited and order that, pending the hearing and determination of the appeal, the implementation of Gazette Notice no 12825 dated October 4, 2024, together with its consequential effects, is suspended,” the tribunal ruled.
The order effectively restores the previous tariff structure, meaning Eldowas will continue charging water and sewerage fees based on the rates in force before the contested notice was issued.
“For the avoidance of doubt, the 1st respondent shall henceforth charge water tariff and sewerage charges based on the Gazette Notice in effect prior to the issuance of the impugned notice,” the ruling said.
Lawyer Kaira Nabasenge, who represents the residents, said the decision was a major relief for households struggling with the increased charges.
He said many families had been cut off from the water supply due to their inability to pay the revised bills.
Nabasenge said access to clean and safe water is a constitutional right under Article 43, and that denial of the same amounts to significant harm.
The tribunal also noted concerns raised by residents over an alleged lack of sufficient public participation before the tariff review, saying the matter raised substantive issues of law and fact that required full determination.
Residents have further claimed the new rates were punitive and imposed without adequate consultation, a position Eldowas has previously disputed, insisting public participation was conducted and the review was justified by rising operational costs.
Following the ruling, Nabasenge welcomed the decision, urging Eldowas to comply fully with the tribunal’s orders.
“We are happy with the ruling, which is a big relief to residents of Eldoret, and we demand that the water company fully adheres to the orders,” he said.
Residents, led by Kipkorir Menjo and Abubakar Bini, have vowed to continue pushing for the complete withdrawal of the tariff hike as the case proceeds.
Instant analysis
The Water Tribunal’s suspension of the 300 per cent tariff hike in Eldoret underscores the growing tension between utility cost recovery and the constitutional right to access affordable water. The ruling does not settle the dispute but signals serious questions over public participation and the proportionality of the tariff review. For residents, it offers immediate financial relief and restores access for households that had been disconnected. However, for Eldowas, the decision may strain revenue projections and delay planned operational adjustments. The final outcome will likely hinge on whether the utility can demonstrate adequate consultation and justify the scale of the increase.
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