Lawyer Kaira Nabasenge who is representing water consumers in Eldoret City speaking after a meeting with residents 
Water consumers in Eldoret City have moved to the Court of Appeal protesting an over 300 per cent increase in water tariffs.
The Eldoret Water and Sanitation Company released the latest water bills which reflect the increased tariffs, despite earlier protests by residents urging the company against the move.
The residents, led by a group of lawyers, filed a petition at the Court of Appeal arguing that they were dissatisfied with an earlier ruling of the High Court on the matter two weeks ago.
Lawyer Kaira Nabasenge said they have also moved to the water tribunal seeking to have the new tariffs overturned.
“Residents of Eldoret are seriously aggrieved by this issue because it will be difficult to access water—which is a basic need and should not be commercialised in such a manner,” Nabasenge said.
He added that they would use all legal means possible to push back.
Eldowas is now charging an average triple rate of Sh130 per 1,000 cubic metres of water.
“This means in many cases, water will be more expensive than rent in Eldoret,” Nabasenge said.
A section of residents including the business community have also threatened to carry out protests and go back to court if the company does not withdraw the new tariffs.
Eldowas had earlier agreed to dialogue with consumers over the increment, but a residents’ representative—Kipkorir Menjo—accused the company of ignoring their cries.
Top officials of the water firm led by CEO Lawrence Taniu had met with individuals and groups representing water consumers in the city to start negotiations on the reviewed tariffs.
“We have a mandate to implement the tariffs but we are ready to dialogue with consumers so that we reach an amicable solution on the tariffs,” Taniu said.
This came after Uasin Gishu Governor Jonathan Bii also yielded to pressure from residents who were threatening to take to the street.
Bii had directed the water company, which is owned by the county, to dialogue with residents in a bid to resolve the row.
The county chief said residents had raised concerns after the new tariffs were set, stirring public debate.
“The matter has been brought to my attention and I find it necessary that all stakeholders engage constructively to address the issues raised and work toward a fair and lasting solution.
“I direct that all parties meet urgently, discuss and submit a report on the resolutions and way forward within the next 21 days, " Bii said in a statement.
He pledged to continue to push for the provision of clean, affordable water and sanitation services, as indicated in his blueprint.
The governor said he would facilitate the expansion of infrastructure in order to increase the water volumes—commensurate with the ever-growing population in the region.
Three weeks ago, the High Court lifted a suspension on a decision to increase the tariffs.
The consumers then instructed lawyers to appeal against the court ruling and pleaded with President William Ruto to intervene.
Abubakar Bini, who is chairman of Muslim Imams and Preachers in the region, said residents would have no other option than to take to the streets if the increase is not reversed.
Bini and Menjo led residents during a meeting where they resolved to fight the increment.
“We will file the appeal but also use all other means possible to stop those who think they will mess with our right to access water in Eldoret,” Menjo said.
The consumers had lost a case opposing the new tariffs after Justice Emmanuel Washe of the Environment and Lands Court ruled that the court had no jurisdiction to handle the case.
The residents had filed a petition at the High Court through Kipkorir Menjo and David Chebet who sued Eldoret Water and Sanitation Company and the Water Services Regulatory Board.
However, the petition was struck out for being in contravention of the Water Act, as the Court lacked jurisdiction to hear and determine it.
Justice Washe also discharged suspension orders issued on March 25, stopping implementation of the new tariffs.
