Waweru v Eldoret Water & Sanitation Company & 2 others (Petition E010 of 2024) [2026] KEELC 2914 (KLR) (13 May 2026) (Judgment)
- Court
- Environment and Land Court
- Case number
- 2914
- Citation
- [2026] KEELC 2914 (KLR)
- Decided
- 13 May 2026
- Judge
- EM Washe
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePetitioner seeks declarations and orders regarding the Water Act 2016 and its impact on the provision of water and sanitation services.CoramEM Washe
Holding
The Petition is not merited and the Orders sought cannot be granted.
Facts
The Petitioner filed an Amended Petition alleging that the Water Act 2016 subordinates Counties to the National Government, violating Articles 19, 20, 21(1), 22, and 165 of the Constitution of Kenya.
Issues
- Water Act 2016's exclusive functional area of County Governments
- Unconstitutionality of Section 71 of the Water Act 2016
- Unconstitutional oversight and legislative competence of County Assemblies
- Violation of oversight and legislative competence of County Assemblies
- Unconstitutional power to evaluate, recommend, and approve water and sewerage tariffs
Reasoning
The Court found that the proposed new tariffs were not irrational, irresponsible, and in bad faith regarding the compliance of the Constitution, 2010.
Outcome
The Petition is dismissed.
Orders
- The Amended Petition dated 28.05.2025 is not merited and is hereby dismissed.
- Each party will bear its own costs.
Authorities cited
Legislation (2)
- Water Act, Cap 372 Laws of Kenya
- Constitution of Kenya, 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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