A Nairobi resident has moved to the High Court seeking to stop the implementation of newly revised water tariffs, arguing that the increases were approved in breach of constitutional and statutory requirements on public participation.
In a petition filed before the High Court, Francis Awino wants the court to suspend the enforcement of the revised charges introduced through Gazette Notice No. 2710 pending the hearing and determination of the case.
Awino is asking the court to issue conservatory orders restraining the implementation, billing and collection of the new tariffs.
In the alternative, he wants all bills issued under the disputed pricing structure preserved so that consumers can be refunded, credited or have their accounts adjusted if the petition succeeds.
He further seeks orders protecting customers from water disconnections, penalties, reconnection fees or back-billing linked to non-payment of the contested tariff increments while the case is pending.
"The petition raises weighty constitutional questions touching on the right to water, consumer protection, access to information, public participation and fair administrative action," the court papers state.
The petitioner is also seeking to compel the respondents to disclose documents used in approving the tariff review, including affordability studies, financial and technical reports, records of stakeholder engagement, attendance registers, minutes, written objections and other materials relied upon during the approval process.
In addition, he wants the court to order the filing of a complete record of the public participation exercise conducted under Section 139 of the Water Act, including notices issued to the public, venues where consultations were held, stakeholders invited, submissions received and how those views informed the final decision.
According to the petition, the revised tariffs introduce phased increases affecting domestic, commercial, institutional and sewerage consumers over a four-year period. However, Awino contends that there is no sufficient evidence demonstrating that the legal threshold for public participation was met before the charges were approved.
While Nairobi City Water and Sewerage Company indicated that a stakeholder forum took place on December 19, 2025, the petitioner argues there is no record showing who attended, the objections raised or whether members of the public influenced the final tariff structure.
He further argues that consumers are being asked to shoulder higher costs despite persistent service shortcomings.
"The utility continues to record only 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, yet consumers are expected to pay higher tariffs," the petition states.
The High Court, however, declined to certify the application as urgent.
Justice Patricia Nyaundi Mande directed the petitioner to serve the respondents with the petition and application by July 13, 2026. The respondents have 14 days from the date of service to file their responses, while Awino may file a further affidavit by August 6, 2026.
The matter will be mentioned on October 27, 2026, for further directions.
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