The Sixty-Four Residents Association (SIFRA) in Eldoret, Uasin Gishu County, has turned to the Water Tribunal seeking justice after their petition against new water tariffs introduced by Eldoret Water and Sanitation Company (ELDOWAS) was dismissed by the Environment and Land Court (ELC).
In its ruling on September 16, 2025, the ELC dismissed the case filed by SIFRA representative Kipkorir Menjo and co-petitioner David Kipkulet Chebet against Eldoret Water & Sanitation Limited and the Water Services Regulatory Board. The court cited lack of jurisdiction, effectively clearing the way for a 300 percent increase in water charges.
“The Amended Petition dated 25.02.2025 is premature and in contravention of Sections 119 and 121 of the Water Act, 2016, and therefore struck out,” Justice Emmanuel Washe ruled.
“The interim orders issued on 25.03.2025 staying the Gazette Notice No. 12825 dated 04.10.2024 are hereby discharged,” he added.
Speaking at a press briefing in Eldoret, SIFRA, through their advocate Kaira Nabasenge, expressed dissatisfaction with the ruling, arguing that the 300 percent tariff hike violates the constitutional right to access clean water.
“If you look at our constitution, the right to access clean water is well anchored. Our petition was struck out on the claim that the High Court lacked jurisdiction, yet under our constitution, it is very clear that the High Court has jurisdiction in all matters,” explained Advocate Nabasenge.
“The petition filed concerning water tariffs in Eldoret town, which included a 300 percent increment, violates the right to access clean water,” she emphasised.
Following the court’s decision, the association has moved to the Water Tribunal as directed, while simultaneously pursuing an appeal in the Court of Appeal. They have already lodged their appeal in the Water Tribunal.
Advocate Nabasenge said they are currently awaiting directions and preparing to file an application in the Court of Appeal seeking a stay on the increased water charges.
She also urged the public to remain vigilant and stand firm in pushing for justice.
The tariff adjustment by Eldoret Water and Sanitation Company Ltd followed Kenya Gazette Notice No. 12825 dated October 4, 2024.
The move sparked outrage among residents and SIFRA, who challenged the hike in court, deeming it unfair and burdensome.
Despite the dismissal of their petition, residents voiced concerns over the ruling.
SIFRA members, led by Kipkorir Menjo, vowed to appeal, warning that the tariff hike would severely impact life and business in Uasin Gishu County.
“Our petition was dismissed, but we have discussed how to appeal the decision. The increase will make life difficult, especially for businesses like car washes, which depend heavily on affordable water. This will make Eldoret very costly to live and work in,” Menjo said.
He argued that since Eldoret’s water supply flows by gravity, the sharp tariff increase was unjustified.
Menjo further insisted that capital projects should be funded through loans or alternative financing mechanisms instead of overburdening consumers with exorbitant tariffs.
The case highlights a broader debate on balancing infrastructure funding with the constitutional right to accessible and affordable water.
By Ekuwam Sylvester
