A Legal Victory: Court Ruling Puts a Halt to Government’s Plans of Raising Water Prices

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A Legal Victory: Court Ruling Puts a Halt to Government’s Plans of Raising Water Prices

A court halted the implementation of the new water fees, which increased by a factor of ten on February 1, 2023.

In a court document obtained by GossipA2Z, High Court judge Justice Mugure Thande enjoined Water CS Alice Wahome and the Water Resources Authority on Tuesday, June 6 from levying, enforcing, or implementing the fees pending the outcome of a lawsuit filed by civil society groups.

Wahome, the Water Services Regulatory Board, the National Assembly, the Council of Governors, and the Senate must also file their responses to the lawsuit by June 12, 2023.

“Pending hearing and determination of the application, an order of stay be and is hereby issued staying the implementation of the Water Use Charges as set out in Part B of the Second Schedule of the Water Regulations, 2021,” ordered Lady Justice Thande.

Kenya Water and Sanitation Civil Society Group, Likii Water Resources Users Association, Mt Kenya Ewaso Water Partnership, and Likiundu Water Resources Users Association were the civil society organizations that filed the lawsuit.

They asserted that the new water bills worsened the nation’s economic situation and faulted the government for passing the regulations without public input forums.

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Water Tax

The Water Resources Authority (WRA) implemented new water levies on irrigation, fish farming, and commercial water use beginning on February 1, 2023.

The increase from fifty cents to five Kenyan shillings per one thousand liters of water sold to consumers sparked outrage among stakeholders, who lamented that the move would force some vendors to close their doors.

Representatives of Kiambu County investors argued that the move would increase the cost of living in urban areas and have an economic ripple effect.

“No company or business sector can withstand a tenfold increase.” Kenyans will suffer as a result of these fees, lamented the businessmen on February 2, 2023.

The levy was part of President William Ruto’s national investment strategy for water projects. In September 2022, the president announced plans to enter into water purchase agreements with private firms for the construction of multibillion-dollar projects, after which the developers would be permitted to charge higher rates to recoup their investments.

A Legal Victory: Court Ruling Puts a Halt to Government’s Plans of Raising Water Prices

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