Kieni residents win court order against WRA over water charges

Joseph Kagiri, the chairperson of the Kieni Water community projects briefing the press about the orders they obtained restraining Water Regulatory Authority  (WRA)from enforcing the new charges. [Ndung'u Gachane, Standard]

Residents of Kieni Constituency have secured a major legal victory after the High Court in Nyeri issued orders stopping the Water Resources Authority (WRA) from interfering with community-managed water projects, following weeks of disruption that left thousands without access to water. 

The dispute arose after officials of community water projects in Kieni challenged the implementation of the Water Resources Regulations introduced earlier this year, citing what they described as an unjustified and unconstitutional increase in water charges. 

According to the officials, the tariff for water abstraction was raised from Sh50 to Sh2.50 per cubic metre, a move they say represents a 500 per cent increase from rates that had remained unchanged since 2007. 

“This decision was made without any meaningful public participation,” said Joseph Kagiri, the chairperson of Kieni Constituency Water Projects. “Communities were neither consulted nor informed, yet they are the ones most affected. This violates the constitutional principles of transparency and the right of every Kenyan to access clean and safe water.” 

Tensions escalated after water project leaders opposed the new charges, prompting what they describe as a forceful crackdown by WRA officers. Kagiri alleged that officials, accompanied by police officers, entered several water catchment areas and vandalised critical infrastructure. 

“As a result of these actions, water supply to more than 30,000 households was cut off,” he said. “Schools, health facilities and entire villages were left without water.” 

Similar incidents were reported in Mwiyogo, Endarasha, Mitero and Gatagati water community projects, raising alarm across the constituency, which is served by nearly 60 community-managed water schemes. 

In response, the water projects filed a petition at the Nyeri High Court seeking orders to restrain the WRA from interfering with water abstraction and access. Their case argued that the regulations were enforced without prior notice, public hearings, stakeholder validation or consultation with county governments. 

In its ruling, the High Court issued conservatory orders barring WRA officials and their agents from disrupting water access to the affected communities, pending the final determination of the case. 

“This ruling is a huge relief to our people,” Kagiri said. “Families have endured weeks of anxiety and hardship after infrastructure they invested heavily in was destroyed.” 

Residents affected by the disruptions echoed similar sentiments, describing the period as one of uncertainty and suffering. 

“We could not access clean water, and our children had to miss school,” said a resident from Endarasha. “We felt abandoned.” 

As the legal process continues, the water projects have urged government officials to act within the law and respect court orders, warning that individual accountability could arise for unlawful actions. 

“Our legal team is pursuing the matter to its conclusion,” Kagiri said. “We will also be seeking compensation for the losses incurred, which have been assessed at approximately Sh2 million.” 

The case is being closely watched by communities across Kieni Constituency and beyond, as it raises broader questions about public participation, accountability and the management of vital water resources.