Mathenge v Nairobi Water and Sewerage Company Limited (Tribunal Case E001 of 2024) [2025] WAT 1 (KLR) (2 October 2025) (Judgment)

Summary at a glance

Facts

The Claimant, Susan Mathenge, sought a permanent injunction against the Respondent, Nairobi Water and Sewerage Company Limited, to prevent interference with her borehole on Land Reference Number 13330/130 Garden estate, Kasarani. The Respondent opposed the claim and filed a preliminary objection, which was dismissed by the Tribunal. The main suit was heard and fixed for mention, but the parties could not appear due to the Tribunal's term ending. The matter was reserved for judgment, and the parties exchanged submissions.

Issues

• Whether the Respondent engaged in illegal conduct as averred by the Claimant
• Whether the Claimant is entitled to the orders sought

Reasoning

The Tribunal found that the Respondent had the legal mandate to deal with sewerage issues and maintain sewer lines within Nairobi County. The Claimant did not install a separate meter for the borehole as required by the Respondent's letter of no objection, despite the Claimant's protestation that the borehole was for domestic purposes.

Outcome

The appeal is dismissed.

Orders

• The Respondent is directed to render proper bills to the Claimant for Account Numbers 1999991 and NOR5251193 opened in the Claimant's name

Remedies

• Costs to be borne by each party