Milimani law court/FILE
A petition has been filed at the High Court seeking to suspend the implementation and enforcement of Nairobi's new water and sewerage tariffs.
The petition was filed by Francis Awino, who argues that the revised pricing structure was approved through what he describes as a constitutionally defective process and has imposed what he describes as an unfair financial burden on consumers.
Awino has named the Nairobi City Water and Sewerage Company Limited, the Water Services Regulatory Board (WASREB), the Nairobi County Government and the Attorney General as respondents.
According to the petition, the dispute centres on Gazette Notice No. 2710, published on February 27, 2026, through which the revised water and sewerage tariff structure was approved.
According to the petition, the tariffs took effect in March 2026 after a one-month implementation notice and increased charges by between 15 per cent and more than 30 per cent across various consumer categories.
The petitioner argues that the tariff review affects virtually every category of water consumer within Nairobi City County.
"This includes households, multi-dwelling units, kiosk users, institutions, schools, commercial users, sewerage-only consumers, informal-settlement users and other vulnerable consumers, and therefore raises matters of profound public importance," the court papers state.
Awino argues that the matter raises issues of public importance because water is a constitutionally protected right and the increased charges continue to affect consumers through ongoing billing and enforcement.
In the court documents, Awino contends that unless urgent conservatory orders are issued, Nairobi residents will continue paying what he describes as unconstitutional and unlawfully approved tariffs while the case is pending.
The petition also challenges the process that led to the approval of the new charges. Awino argues that there was no meaningful and adequately documented public participation before the tariffs were adopted.
"The materials presently available show, at most, a bare Gazette recital that public consultation occurred and a Nairobi Water newsletter report of a stakeholder forum held on 19th December 2025 in hybrid format," he claims.
Awino further argues that there are no disclosed records showing stakeholder invitations, attendance registers, written submissions, objections received or the respondents' consideration of those views.
The petitioner also argues that the tariff increases were approved despite what he describes as shortcomings in water and sewerage service delivery.
According to the petition, Awino cites public records indicating that water coverage stands at 79 per cent, sewerage coverage at 52 per cent, non-revenue water at 54 per cent, and that Nairobi residents receive water for an average of nine hours a day.
Awino maintains that the petition raises substantial constitutional questions relating to the right to clean and safe water in adequate quantities, consumer rights, access to information, public participation, fair administrative action, accountability and the prudent use of public resources.
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.
The judge ordered the respondents to file their responses within 14 days of service and granted the petitioner leave to file a further affidavit by August 6, 2026.
The matter will come up for further directions on October 27, 2026.
