Residents of Eldoret led by Abubakar Bini after a meeting on the water tariffs crisis in the city
The Eldoret Water and Sanitation Company (ELDOWAS) has agreed to negotiate with stakeholders to resolve a stand off over its tariffs.
The company had effected a 300 per cent increase in water tariffs, causing protests and suits from residents.
The company is now seeking an out-of-court settlement of the dispute after the Water Tribunal suspended the increased tariffs until a case filed by consumers is heard and determined.
ELDOWAS had implemented the revised tariffs last year, sparking widespread protests from residents who argued the increases were unaffordable.
“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 restored 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.
The company has since withdrawn the increased tariffs.
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.