Court Blocks Eldowas Tariff Hike as Memo Sparks Outrage in Eldoret

 

Thousands of households in Eldoret have been granted a temporary reprieve from higher water charges after the Environment and Land Court reaffirmed that conservatory orders halting the implementation of new tariffs by the Eldoret Water and Sanitation Company (Eldowas) remain in force.

Justice Emanuel Washe issued the orders on March 25, 2025, in the ongoing case Peter Kimani Wanjoi vs. Eldowas & WASREB (Case No. ELCLPET/E010/2024). The ruling effectively suspended Gazette Notice No. 12825 dated October 4, 2024, which had announced sharp increases in water and sewerage charges scheduled to take effect in November 2024.

Despite this, an internal memo from Eldowas dated Wednesday night sparked confusion and backlash after it directed staff to begin implementing the new tariffs. The memo, which circulated widely on social media, instructed billing and operations teams to proceed with preparations for the revised rates, seemingly in defiance of the existing court orders.

The directive drew swift condemnation from residents, legal experts, and local leaders, who warned that enforcing the new tariffs while a valid court order is in place could constitute contempt of court, potentially exposing Eldowas and its officials to legal penalties.

"A court order is not given in vain. It has to be obeyed," said Huruma Ward MCA and Uasin Gishu County Assembly Minority Leader Kimani Wanjohi, one of the petitioners in the case.

"Any attempt to impose the tariffs in defiance of live orders would be blatant disrespect of the court and could expose both Eldowas and individual officials to legal penalties.”

Wanjohi criticized the process that led to the tariff increases, citing inadequate public participation and the questionable involvement of the Water Services Regulatory Board (WASREB). He noted that consultations were confined to County Hall instead of being conducted at the ward level, violating the constitutional mandate for public participation in governance.

He also questioned WASREB’s advisory role, arguing that the regulator had overstepped its authority in influencing the decisions of Eldowas—a devolved, county-owned utility—despite water services being a function of county governments under Kenya's 2010 Constitution.

“As long as I am the Huruma Ward representative, citizens will never suffer from unfair water bills. We are in court on behalf of citizens, and justice will prevail,” Wanjohi declared.

The case is set for mention on December 5, 2025, and until then, the conservatory orders remain in effect, shielding residents from paying the revised tariffs.

Legal experts have cautioned that should Eldowas proceed with the implementation of the new rates, it would not only undermine the authority of the judiciary but could also expose company executives to personal legal liability for contempt.