Court suspends levies on water supply
The petitioners fault the National Assembly for passing the regulations without the involvement of the Senate.
Court suspends new levies introduced by the government on the provision of water for domestic and industrial use pending determination of a lawsuit filed by civil society groups.
Justice Mugure Thande has suspended implementation of the water use charges set out in Part B of the Second Schedule of the Water Resources Regulations 2021.
"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," Justice Thande ordered.
The judge has also ordered Water Cabinet Secretary, AG, Water Resources Authority, Water Services Regulatory Board, National Assembly, Council of Governors and Senate to file their responses to the suit by June 12, 2023.
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 alleges that the implementation of the Regulations will make the provision of water unaffordable to Kenyans.
They fault the National Assembly for passing the regulations without the involvement of the Senate, despite "the fact that managing water resources has been devolved to county governments".
The petitioners also argued that the regulations were passed without public participation.
