Water Wars Paused: Tribunal Halts 300% Tariff Hike, Giving Eldoret Residents Breathing Room

Eldoret residents and businesses have secured a significant—albeit temporary—victory after the Water Tribunal suspended the implementation of a controversial water and sewerage tariff hike that had triggered months of public anger.

In a ruling delivered in Nairobi, the Tribunal ordered an immediate stay on the enforcement of Gazette Notice No. 12825 dated October 4, 2024, effectively halting the sharply increased rates. The water service provider has been directed to revert to the previous tariff structure pending the hearing and determination of an appeal lodged by affected residents.

The decision marks a turning point in a heated dispute that has gripped the fast-growing town, where households and enterprises alike had been struggling under what many described as excessive and unjustified тариф increases.

Mounting Pressure from Residents and Businesses

The тариф adjustments, introduced in late 2024, saw water bills surge by more than 300 percent in some cases. The sudden spike sparked widespread outrage, with residents taking to public forums, community meetings, and legal channels to challenge the new rates.

For many households, the increases meant making difficult choices between essential needs. Some residents reported rationing water usage, while others turned to alternative—and often unsafe—sources.

Small and medium-sized businesses were among the hardest hit. Car wash operators, laundromats, and hotels reported dramatic increases in operating costs, with some warning they were on the brink of shutting down.

“We rely entirely on water for our business. When the тариф tripled, it felt like a direct threat to our survival,” said one Eldoret-based car wash owner.

Industry players in the hospitality sector echoed similar concerns, noting that the тариф hike risked driving up the cost of services and making the town less attractive to visitors and investors.

Constitutional Concerns Raised

Beyond the financial strain, residents also framed their objections as a constitutional issue. They argued that the тариф increase effectively restricted access to clean and safe water, a right guaranteed under Article 43 of the Constitution of Kenya.

Petitioners further questioned the process leading up to the implementation of the new rates, alleging a lack of meaningful public participation—a key legal requirement in decisions affecting essential public services.

These concerns formed the backbone of the appeal presented before the Tribunal.

Tribunal’s Findings and Legal Reasoning

In its ruling, the Tribunal dismissed a preliminary objection raised by the respondents, who had sought to strike out the appeal on procedural grounds, including claims that it had been filed out of time.

The court affirmed that it had jurisdiction to hear the matter and noted that it had already granted leave for the appeal to proceed.

On the request to suspend the тарифs, the Tribunal found that the applicants had established a prima facie case, particularly regarding the question of public participation. It emphasized that this issue alone warranted a full hearing.

The Tribunal also held that residents were likely to suffer irreparable harm if the тарифs remained in force. It underscored that access to water is a fundamental right that cannot be easily quantified in monetary terms, and therefore must be protected.

In balancing the interests of both parties, the court ruled that the “balance of convenience” favored the residents. It noted that any financial losses incurred by the water service provider could potentially be recovered if the appeal is ultimately unsuccessful, whereas the harm to consumers would be far more difficult to reverse.

Leaders and Stakeholders React

Local leaders and community representatives welcomed the ruling, describing it as a major win for ordinary citizens.

Huruma Ward politician Harun Maina hailed the decision as a victory for justice and common sense.

“There is no way water costs can be as high as petrol in this town. Water is a basic need and a constitutional right,” Maina said.

He cautioned that residents would not hesitate to take to the streets if the water company fails to comply with the Tribunal’s directive.

Similar sentiments were expressed by Richard Mukhovero, chairman of Bodaboda Turbo SACCO, who called for strict enforcement of the ruling.

“This decision must be respected. It is about protecting wananchi from exploitation,” he said, urging authorities to take firm action against any attempts to defy the court order.

What Happens Next?

The suspension of the тарифs will remain in place until the appeal is fully heard and determined. The upcoming proceedings are expected to address several critical issues, including:

• The legality of the tariff increase

• Whether proper public participation was conducted

• The affordability of essential services

• The broader obligations of service providers under the Constitution

Legal experts say the outcome of the case could set an important precedent for how utility тарифs are determined and implemented across Kenya, particularly in rapidly growing urban centers.

A Town in Waiting

For now, the Tribunal’s decision offers much-needed relief to Eldoret residents who had been pushed to the brink by soaring utility costs. Many are hopeful that the final ruling will not only resolve the current dispute but also lead to more transparent and inclusive decision-making in the future.

As the legal battle continues, one thing is clear: the fight over water in Eldoret is no longer just about bills—it is about rights, accountability, and the cost of essential services in a changing economy.

Until the case is concluded, residents can at least enjoy a temporary reprieve—turning on their taps without the immediate fear of overwhelming costs.