NAIROBI, Kenya — A petition has been filed at the High Court seeking to suspend the implementation of Nairobi’s revised water tariffs, with the petitioner arguing that the new charges were approved without adequate public participation and violate consumers’ constitutional rights.
The petition challenges the revised tariffs introduced through Gazette Notice No. 2710 and asks the court to halt their enforcement pending the hearing and determination of the case.
Petitioner Seeks Conservatory Orders
Petitioner Francis Awino is seeking conservatory orders suspending the enforcement, billing, collection and implementation of the revised tariffs until the petition is heard and determined.
In the alternative, Awino wants the court to direct that all bills issued under the disputed tariffs be ring-fenced and subjected to adjustment, credit or refund should the petition succeed.
He is also asking the court to protect consumers from disconnections, penalties, back-billing or reconnection charges arising from non-payment of the contested tariff increase.
Request for Disclosure of Tariff Approval Documents
The petition further seeks orders compelling the respondents to disclose documents related to the tariff review, including:
- The full tariff application.
- Affordability studies.
- Financial and technical reports.
- Public participation records.
- Stakeholder invitations and attendance registers.
- Minutes of meetings.
- Objections submitted by the public.
- Documents relied upon in approving the tariff review.
Awino also wants the respondents to file a comprehensive record of the public participation process conducted under Section 139 of the Water Act, including notices issued, venues used, stakeholders consulted, written submissions received and how public views were considered before the revised tariffs were approved.
Constitutional Concerns Raised
According to the court filings, the petition raises constitutional questions relating to the:
- Right to water.
- Consumer protection.
- Access to information.
- Public participation.
- Right to fair administrative action.
The petitioner argues that although the revised tariffs introduce increases across domestic, commercial, institutional and sewerage categories over a four-year period, available records do not demonstrate compliance with legal requirements governing public participation.
The petition further contends that while the Nairobi City Water and Sewerage Company stated that a stakeholder forum was held on December 19, 2025, there is no evidence showing attendance records, stakeholder representation, written objections or how public views influenced the final decision.
Awino also cites ongoing service delivery challenges, including 79 per cent water coverage, 52 per cent sewerage coverage, non-revenue water of 54 per cent and an average daily water supply of nine hours, arguing these issues persist despite the tariff increase.
Court Declines Urgent Hearing
The High Court declined to certify the application as urgent.
Justice Patricia Nyaundi Mande directed the petitioner to serve the respondents with the petition and application within seven days, by July 13, 2026.
The respondents have been ordered to file their responses within 14 days of service, while the petitioner was granted leave to file a further affidavit by August 6, 2026.
The matter is scheduled for mention on October 27, 2026, for further directions.