Controversial water tariffs quashed after months of tussles

Uasin Gishu County Governor Jonathan Bii before the Senate County Public Investments Committee on April 15, 2024. [File, Standard]

Controversial water tariffs that had driven water bills in Eldoret up by over 250 per cent have been reduced after months of strong opposition and grandstanding.

The city’s water consumers under the Sixty-Four Residents Association, as well as the business community and the Eldoret Water and Sanitation Company (Eldowas), have been in a protracted battle in courts and water tribunals since September 2024 after the new tariffs came into force.

Residents had claimed that the new tariffs pushed monthly water bills up to 300 per cent for some consumer categories.

But on Saturday, the different parties agreed to reduce the tariffs by Sh46 per cubic metre of water consumed, after weeks of negotiations.

Following the deal, locals will continue enjoying pre-August 2024 tariffs until new billing is gazetted after public engagements and consultations with the regulator, the Water Services Regulatory Board (WASREB).

According to Eldoret residents, the tariffs had pushed water bills higher than those of milk.

Uasin Gishu Governor Jonathan Bii, who announced the deal, said the negotiations between residents and Eldowas took a long time because the two parties had several considerations to consider before reaching an agreement.

Bii said Eldowas had increased the tariffs to secure funds to expand and overhaul its old water and sewerage lines.

The governor said the water tariffs would discourage investments in the city, which hosts the country’s top athletes as well as major institutions such as universities and hospitals.

“I further direct Eldowas to intensify efforts towards reducing non-revenue water losses, enhancing operational efficiency, modernising infrastructure, and strengthening accountability mechanisms within the water distribution system. Addressing water losses remains critical in lowering operational costs and improving the reliability and consistency of water supply to our residents,” said Bii.

Following extensive engagements, Bii said, all parties agreed to withdraw the pending matters before the courts and the Tribunal and to work towards developing a fair, transparent, and sustainable water tariff structure for the city.

The recent battle is at the Water Appeals Tribunal, which quashed the 2024 tariffs.

“I am satisfied that the discussions were conducted in good faith and have yielded a consensus that safeguards residents' interests while ensuring the sustainability of water services in our county,” Bii said.

Eldowas chief executive officer Lawrence Tanui said the company listed all its infrastructure projects during the negotiations and explained how the new tariff would have helped finance them.

“We have adjusted the implementations of the water and sewerage projects because of the give-and-take. We need to modernize our infrastructure, and we will be compelled to implement some of them in phases,” Dr Tanui said.

Sixty Four Residents Association, through Kipkorir Menjo, said the negotiations resulted in a reduction of the tariff from nearly 300 per cent to 100 per cent.

Menjo said residents took time to compare water tariffs in Kenyan cities before agreeing on the new billing.

“Water is supplied to Eldoret from sources such as Chebara dam in Elgeyo Marakwet through gravity, and its tariffs should not be compared to other cities that get water from expensive sources like boreholes,” Menjo said.

The residents were dealt a major blow last year when the Environment and Lands Court dismissed a petition challenging the new tariffs because it lacked jurisdiction.

“Pending the hearing and determination of the Appeal, the implementation of the Gazette Notice Number 12825 dated 4th October, 2024 together with its consequential effects as gazetted by the Respondents is hereby suspended and/or stayed,” Justice Amos Mutuku of the Water Appeals Tribunal ruled on April 24.

He further ordered: “For the avoidance of doubt, the first Respondent (Eldowas) shall henceforth charge water tariff and sewerage charges based on the Gazette Notice in effect before the issuance of the impugned Gazette Notice Number 12825 dated 4th October, 2024.”