A court suspended the implementation of the new water charges, which rose ten-fold on February 1, 2023.
In a court document seen by Kenyans.co.ke, High Court judge Justice Mugure Thande, on Tuesday, June 6, restrained Water CS Alice Wahome and Water Resources Authority from levying, enforcing or implementing the charges pending the determination of a lawsuit filed by civil society groups.
Wahome, the Water Services Regulatory Board, National Assembly, Council of Governors, and Senate were also ordered to file their responses to the suit 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," Lady Justice Thande ordered.
The civil society groups that filed the suit comprised the Kenya Water and Sanitation Civil Society Group, Likii Water Resources Users Association, Mt Kenya Ewaso Water Partnership and Likiundu Water Resources Users Association.
They claimed that the new water bills worsened the country's economic situation, faulting the government for passing the regulations without public participation forums.
Water Levy
On February 1, 2023, the Water Resources Authority (WRA) implemented new water levies targeting water used for irrigation, fish farming, and commercial use.
The water charges increased ten-fold, from 50 cents to Ksh5 for every 1,000 litres of water sold to consumers eliciting uproar from stakeholders who lamented that the move would force some vendors to shut down their businesses.
Representatives of investors in Kiambu County argued that the move would increase the cost of living in urban areas and create a ripple effect in the economy.
“There is no company or business sector that can endure a ten-time increase. Kenyans will suffer because of those charges,” the businessmen lamented on February 2, 2023.
The levy was part of President William Ruto's nationwide plan to invest in water projects. In September 2022, the president announced plans to enter into water purchase agreements with private firms to build multi-billion projects, after which the developers would be allowed to charge higher rates to recoup their investment.
