The Kenyan authorities has been sued for growing water payments and commercialising water and sanitation providers with out consulting Kenyans by conducting public participation boards.
The lawsuit filed yesterday on the Excessive Courtroom in Milimani was triggered by the implementation of recent water levies rolled on March 1, 2023, following an upward revision of the useful resource use fees.
In accordance with the petitioners, the federal government’s resolution was based mostly on recommendation from the World Financial institution on the commercialisation of water and sanitation providers.
The brand new levies are contained within the Water Assets Laws 2021, enacted by the Water and Sanitation ministry throughout the former regime of President Uhuru Kenyatta. On the time Water minister was Sicily Kariuki.
Primarily based on the brand new levies, the fees rose from 50 cents to Sh5 per cubic metre of water distributed to shoppers by the Water Assets Customers Associations for home, public and livestock functions.
The swimsuit filed by 4 foyer teams and 5 individuals claims that the brand new levies have aggravated stress on shopper payments. It states that the rules have elevated the water consumer fees by between 500 and 1,000 p.c, “despite water being a necessity to maintain animal and plant lives moreover enabling human dignity that good sanitation entails”.
It alleges the elevated fees have made the valuable commodity inaccessible to Kenyans and quantity to a breach of the State’s obligation underneath Article 21 of the Structure to respect, defend and fulfil the appropriate to enough clear and protected water.
“The water customers fees set out partially B of the Second Schedule of the rules are so exorbitant and unaffordable on account of the increments. The costs are based mostly on a free market agenda espoused and promoted by the World Financial institution,” reads the lawsuit.
In accordance with the petitioners, the Cupboard secretary didn’t topic the rules to public participation earlier than the identical have been gazetted.