Hassan t/a Towva Heights Apartments v Nairobi City Water and Sewerage Company (Tribunal Case E009 of 2025) [2025] WAT 2 (KLR) (3 October 2025) (Ruling)
- Court
- WAT
- Case number
- 2
- Citation
- [2025] WAT 2 (KLR)
- Decided
- 3 October 2025
Summary at a glance
TypeInjunction ApplicationPostureAppeal from a previous decisionCoramMO MIYAWA, ABDI ALI MOHAMED, AYORA ONDIEKI DOMINIC, GEORGE PHILIP OYAMO OTHIENO, AMOS NDUNDA MUTUKU
The Tribunal found that the Applicant has made out a prima facie case and stands to suffer irreparable injury by the continued disconnection of water. The Respondent's positive constitutional obligation to provide clean and safe water was considered, but the Tribunal concluded that the orders sought by the Applicant do not meet the threshold.
Facts
The Applicant, Hassan t/a Towva Heights Apartments, seeks an injunction against the Nairobi City Water and Sewerage Company (Respondent) due to the Respondent disconnecting water from the Property, inhabited by tenants, despite disputed outstanding bills.
Issues
- Whether the Application meets the legal threshold for grant of an order of injunction.
- Who should pay the costs of the application.
Reasoning
The guiding principles for granting an injunction include a prima facie case, irreparable injury, and the balance of convenience favoring the applicant. The Tribunal found the Applicant met the first two requirements but concluded the third was not met.
Outcome
The Application was dismissed.
Orders
- The Application was dismissed.
- The Respondent's positive constitutional obligation to provide clean and safe water was considered.
Remedies
- The Applicant was not entitled to the orders sought.
- The Respondent was not required to pay the costs of the application.
Authorities cited
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