KIPKORIR ARAP MENJO AND DAVID KIPKULEI CHEBET VS ELDORET WATER AND SANITATION COMPANY LIMITED AND WATER SERVICES REGULATORY BOARD (WASREB)

RULING

1. The issue before the court is whether the orders of 21^st November, 2024 barring the Respondent from disconnecting meters pending the hearing and determination of this Petition should be extended.
2. The Applicants have submitted that the Respondent have kept on billing the water using the new tariffs contained in the Gazette No.12825 dated 4^th October, 2024.
3. The Respondent Counsel has indeed admitted that the Billing is actually based on the new tariff.
4. The question that needs to be addressed is whether it is just and fair for the Respondent to continue billing the Petitioners using the new rates which is a subject of this Petition.
5. Further to that, the second issue is whether it is fair and just for Petitioners to continue consuming water, not paying their bills due to the dispute before Court and the Meters not being disconnected due to the order issued on 21^st November, 2024.
6. It is clear that the Gazette Notice No.12825 dated 4^th October, 2024 is one that affects the general public and it is important that the court balances the two issues outlined hereinabove.
7. Consequently, the fact that the Petition seeks to nullify the Gazette Notice No.12825 dated 4^th October, 2024 is a clear indication that the new rates are in dispute.
8. In other words, if the said rates are not confirmed by the court, the Petitioners and residents of Uasin Gishu will have suffered financial losses for no reason.
9. The court’s view is that the orders issued on the 21^st November, 2024 be and hereby reviewed as follows;
10. The Gazette Notice No.12825 dated 4^th October, 2024 by the 1^st and 2^nd Respondent be and is hereby stayed pending the hearing and determination of the Petition.
11. The 1^st and 2^nd Respondents are directed to generate and issue bills based on the tariffs that existed before the gazettement of Notice No.12825 dated 4^th October, 2024 from 1^st October 2024.
12. The Petitioners are directed to ensure that they pay all outstanding water bill based on the old tariff as soon as possible.
13. In event the Petitioners fail to settle their bills based on the old tariff upon notification, the 1^st Respondent is at liberty to disconnect the water meters in line with the law.

DATED, SIGNED & DELIVERED Virtually in Eldoret  ELC Court on 25^TH  MARCH 2025.

IN THE PRESENCE OF;

Court Assistant: Brian

Petitioner: Mr. Warigi and Mr. Maathai

Respondent: Mr. Onyango for 1^st Respondnet

  Mr. Nabasenge for Interested Party

  Mr. Kibet holding brief Muruka for 2^nd Respondent