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A Nairobi resident, Francis Awino, has filed a constitutional petition at the High Court seeking to stop the implementation of recently revised water tariffs introduced through Gazette Notice No.2710.
Awino argues that the new charges were rolled out without meaningful public participation, contrary to the requirements of the Constitution and the Water Act.He wants the court to suspend the billing, collection and enforcement of the revised tariffs until the case is heard and determined.
In the alternative, he is asking the court to direct that any money collected under the disputed tariff be kept separately so that consumers can receive credits or refunds if the increase is eventually declared unlawful.
The petition also seeks orders protecting customers from water disconnections, penalties, reconnection fees and backdated charges arising from non-payment of the contested tariff increment.
In addition, Awino wants the relevant authorities compelled to publish documents used in approving the new pricing model, including affordability studies, technical and financial assessments, stakeholder submissions and records of public consultations.
According to the court filings, although Nairobi Water stated that a stakeholder engagement forum took place in December 2025, the petitioner says there is insufficient publicly available evidence showing who participated, what issues were raised or how public views influenced the final decision.
The case also highlights ongoing concerns about water service delivery in Nairobi, including unreliable supply, limited access to clean water, low sewerage coverage and high levels of non-revenue water.Despite the constitutional issues raised, the High Court declined to certify the matter as urgent.
The respondents have been directed to file their responses after being served, while the case is scheduled to return to court on 27 October 2026 for further directions.