Petition filed seeking to suspend Nairobi's new water tariffs

A petition has been filed at the High Court seeking to suspend the implementation of Nairobi's revised water tariffs introduced through Gazette Notice No. 2710, with the petitioner arguing that the new charges were approved without adequate public participation and violate consumers' constitutional rights.

In the case, petitioner Francis Awino is asking the court to issue conservatory orders halting the enforcement, billing, collection and implementation of the revised tariffs pending the hearing and determination of the petition.

Alternatively, Awino wants the court to order that all bills issued under the disputed tariff be ring-fenced and subjected to adjustment, credit or refund should the petition succeed.

He also wants consumers protected from disconnections, penalties, back-billing or reconnection charges arising from non-payment of the disputed tariff increment.

The petitioner further seeks orders compelling the respondents to disclose the full tariff application, affordability studies, financial and technical reports, public participation records, stakeholder invitations, attendance registers, minutes, objections and all documents relied upon in approving the tariff review.

He is also asking the court to compel the respondents to file a comprehensive record of the public participation process undertaken under Section 139 of the Water Act, including notices issued, venues, stakeholders engaged, written submissions received and how public views were considered before the tariff was approved.

Awino argues that the petition raises fundamental constitutional issues touching on the right to water, consumer protection, access to information, public participation and fair administrative action.

According to the court documents, the petitioner contends that although the revised tariffs impose increases across domestic, commercial, institutional, sewerage and other consumer categories over a four-year period, the available records do not demonstrate compliance with legal requirements on public participation.

He further argues that while Nairobi City Water and Sewerage Company indicated 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 tariff.

The petition also states that the utility continues to experience significant service 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, despite introducing higher tariffs.

However, 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 were 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 will be mentioned on October 27, 2026, for further directions.