An activist has moved to the High Court seeking to suspend the implementation of Nairobi’s revised water tariffs, arguing that the increases were approved without adequate public participation and violate consumers’ constitutional rights.
In the petition, activist Francis Awino is seeking conservatory orders to stop the enforcement, billing, collection and implementation of the revised tariffs introduced through Gazette Notice No. 2710 pending the hearing and determination of the case.
Alternatively, he wants all bills issued under the disputed tariff to be ring-fenced and subjected to adjustment, credit or refund should the petition succeed. He is also seeking orders protecting consumers from disconnections, penalties, back-billing and reconnection charges arising from non-payment of the disputed tariff increment.
Awino further wants the court to compel the respondents to disclose all documents relating to the tariff review, including affordability studies, financial and technical reports, public participation records, stakeholder invitations, attendance registers, minutes and objections received during the approval process.
According to the petition, although Nairobi Water stated that it held a stakeholder forum on December 19, 2025, there is no evidence showing who attended, what objections were raised or how public views influenced the final tariff approved. The activist also argues that the utility continues to face significant service delivery challenges, including limited water and sewerage coverage, high non-revenue water losses and an average daily water supply of only nine hours, despite imposing higher charges on consumers.
However, the High Court declined to certify the application as urgent.
Justice Patricia Nyaundi Mande directed the petitioner to serve the respondents within seven days, after which they will have 14 days to file their responses. The matter will be mentioned on October 27, 2026, for further directions.
