Eldoret Residents Win Dispute Against Eldowas Water Tariff Hike

Residents of Eldoret have secured a significant adjustment against the Eldoret Water and Sanitation Company (ELDOWAS), after a proposed 300 percent water tariff hike was substantially reduced following public outcry and legal interventions.

Domestic consumers will now pay Sh84 per cubic metre for water supply, down from the initially proposed Sh130 that sparked multi-month protests and litigation across multiple judicial forums.

The negotiated settlement was brokered by Uasin Gishu Governor Jonathan Bii, involving top management from the water firm, consumer groups, and sectoral regulators.

The compromise represents a 100 percent increase from the baseline historical rates, which is significantly lower than the tripling of fees originally sought by the utility firm to cover operational expenses.

Before the settlement, the Water Services Regulatory Board (WASREB) and the Environment and Land Court had issued directives that required the utility provider to revert to its old pricing structure, pending the determination of the dispute.

Legal battles began after the tariff review was published in a Kenya Gazette notice, prompting immediate resistance from local consumer associations who cited a lack of meaningful public participation.

An initial petition filed by the residents was struck out by the Environment and Land Court, which ruled that it lacked the initial jurisdiction to resolve the pricing dispute.

The consumers, through the 64 Residents Association, subsequently moved the matter to the Water Tribunal, a specialised statutory body established under the Water Act.

In late April, the tribunal suspended the implementation of the higher fees, noting that the applicants had established a prima facie case regarding the punitive nature of the sudden financial adjustment.

Faced with an extended legal freeze and widespread disconnection disruptions, the utility company opted for dialogue to resolve the standoff outside the courtroom.

The utility provider had defended the review by pointing to rising treatment costs and infrastructure maintenance needs, but local businesses argued the charges would cripple commercial operations.

The final agreement effectively brings an end to the operational uncertainty that faced municipal water infrastructure financing in the region since late last year.