The Milimani High Court has set a strict timeline schedule in a lawsuut challenging the massive increases in water and sewage bills, which residents of Nairobi are set to face.
In a ruling delivered on 5th July 2026, High Court Judge Nyaundi Patricia Mande, SC, declined to certify the matter as urgent but ordered the applicant to physically serve the state and regulatory respondents by 13th July 2026, and directed that the state and city water utility to present their defenses by the end of July setting a formal mention date for 27th October 2026.
The lawsuit was inititiated by Nairobi resident Francis Awino, against the Water Services Regulatory Board (WASREB), the Nairobi City Water and Sewerage Company (NCWSC), the County Government, and the Attorney General. It seeks to halt the implementation and billing of the new tariff system.
The petitioner appealed that the court issue conservatory orders to temporarily reinstate pre-existing water rates.Awino claims the increase is unfair and that the approval process was defective and fundamentally unconstitutional as residents were allegedly left in the dark and that the utility did not conduct any real public hearings before it increased its rates.
“I verily believe it is unconstitutional, unreasonable and unfair to require consumers to bear higher tariffs immediately while those admitted deficiencies remain unresolved and projected improvements are only targeted for future years,” lead petitioner Francis Awino stated in his supporting affidavit to the court.
He further argued that a single hybrid stakeholder forum highlighted by the utility was not enough to validate citywide adjustments, adding, “Nairobi residents only became aware of the increment through media reports, bills, implementation notices or later public discussion rather than through a constitutionally meaningful… process before approval”.
