B**w to State as court stops water rates implementation
The government yesterday suffered a major setback after the High Court suspended further implementation of the new water charges, which rose 10-fold on February 1.
In a brief ruling by Justice Mugure Thande of Milimani Constitution and Human Rights Division, the court barred Water Cabinet Secretary Alice Wahome and Attorney-General Justin Muturi and the Water Resources Authority from levying, enforcing or further implementing the water use charges set out in Part B of the Second Schedule of the Water Resources Regulations 2021 pending the determination of a lawsuit filed by civil society groups and five activists.
“Pending hearing and determination of this application, a conservatory order of temporary injunction is hereby issued restraining the Cabinet Secretary for Water, the Attorney-General and the Water Resources Authority from levying, enforcing or implementing the water use charges set out in Part B of the Second Schedule of the Water Resources Regulations 2021,” ordered Justice Thande.
Petitioners
She ordered the minister, AG, Water Resources Authority, Water Services Regulatory Board, National Assembly, Council of Governors and Senate to respond to the lawsuit challenging the introduction of the new water levies by June 12,.
The petition filed by Kenya Water and Sanitation Civil Society Group, Mt Kenya Ewaso Water Partnership, Likii Water Resources Users Association and Likiundu Water Resources Users Association and five activists argues that the implementation of the Regulations will make the provision of water unaffordable to Kenyans.
The increment resulted from upward revision of the resource use charges by the Ministry of Water and Sanitation. The new levies are contained in the Water Resources Regulations 2021, enacted during the former regime. At the time, the Water CS was Sicily Kariuki.
Water distributors
Based on the new levies, the charges rose from 50 cents to Sh5 per cubic metre of water distributed to consumers by the Water Resources Users Associations for domestic, public and livestock purposes. The petitioners through lawyer Kibe Mungai asked the court to stop the new levies on grounds that they are too exorbitant.
“The Water Resources Regulations has increased the water user charges at between 500 per cent and 1000 per cent despite water being a necessity to human, animals and plant life. Allowing the increment will make many people lack their basic right,” Mungai informed the judge.
According to the petitioners, the National Assembly illegally passed the regulations without the involvement of the Senate, despite “the fact that managing water resources has been devolved to county governments”.
“Upon gazettement of the regulations the council of governors protested to the Clerk of the National Assembly about the exclusion of county governments in the making of these rules despite the fact that water and sanitation services are devolved functions under the Fourth Schedule of the Constitution,” says the petitioners’ lawyer.
Mungai also informed the court that the regulations were passed without public participation especially the plight of vulnerable groups who cannot afford the levies. He said the regulations are unconstitutional since they will make clean water out of reach to vulnerable groups and farmers who need it for irrigation.
“The new charges for the provision of water negate the state’s obligation to provide clean and safe water in adequate quantity to the public. It also shows a failure by the state to fulfill its obligation of providing clean and affordable water,” he said.
