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 sufficient public participation and infringe on consumers’ constitutional rights.
The petitioner, activist Francis Awino, wants the court to issue conservatory orders stopping the implementation, enforcement, billing and collection of the revised tariffs until the case is heard and determined.
As an alternative, Awino is asking the court to direct that all bills issued under the disputed tariffs be ring-fenced and adjusted, credited or refunded if the petition succeeds. He also wants consumers shielded from disconnections, penalties, back-billing and reconnection charges arising from failure to pay the increased rates.
In addition, the petitioner seeks orders compelling the respondents to disclose all documents used in approving the tariff review, including the tariff application, affordability studies, financial and technical reports, records of public participation, stakeholder invitations, attendance registers, meeting minutes and objections raised.
He is also asking the court to compel the respondents to provide a comprehensive record of the public participation process conducted under Section 139 of the Water Act, detailing the notices issued, venues used, stakeholders engaged, written submissions received and how public views were considered before the tariffs were approved.
Awino argues that the case raises fundamental constitutional issues relating to the right to water, consumer protection, access to information, public participation and fair administrative action.
Read Also: Ex Nairobi Water Official Fined 4.7M Over Fake Degree
Late Reports, Sh81.8B Debt Expose Nairobi’s Financial Woes
According to court documents, the petition contends that although the revised tariffs introduce phased increases across domestic, commercial, institutional, sewerage and other consumer categories over four years, there is no evidence that the legal requirements for public participation were fully met.
The petitioner further argues that while the Nairobi City Water and Sewerage Company stated that it held a stakeholder forum on December 19, 2025, it has not provided records showing who attended, how stakeholders were represented, what objections were raised or how public views influenced the final decision.
The petition also cites ongoing service challenges at the utility, 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 just nine hours, despite the proposed tariff increase.
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.
