Groups challenge new government levies on water

Water Resources Regulations was passed in 2021. [iStockphoto]

A group of civil society organisations has challenged new levies by the government on the provision of water for domestic and industrial use.

The civil groups filed a petition at the High Court through lawyer Kibe Mungai to stop the government from implementing the Water Resources Regulations which they claim will make the provision of water unaffordable to Kenyans.

"The Water Resources Regulations has increased the water user charges at between 500 per cent and 1000 per cent despite water being a necessity to human, animals and plant life. Allowing the increment will make many people lack their basic right," said Mungai.

The petitioners said the Water Resources Regulations was passed in 2021 without public engagement and the Ministry of Water has started implementing it without considering the plight of vulnerable groups who cannot afford the levies.

Section 84 of the Regulations provides that a person with a valid water use permit shall pay an additional five per cent of the monthly water bill which shall go to the management of the Water Resources Authority.

Unconstitutional

Mungai said the regulations are unconstitutional since they will make clean water out of reach to vulnerable groups and farmers who need it for irrigation.

"The new charges for the provision of water negate the state's obligation to provide clean and safe water in adequate quantity to the public. It also shows a failure by the state to fulfil its obligation of providing clean and affordable water," he said.

Mungai added that the regulations amount to the commercialisation of a basic commodity that contravenes the constitution and is a violation of human rights.

The groups who have filed the petition include Kenya Water and Sanitation Civil Society Group, Mt Kenya Ewaso Water Partnership, Likii Water Resources Users Association and Likiundu Water Resources Users Association.

They say the regulations were passed by the National Assembly without involving the Senate despite the fact that managing water resources has been devolved to county governments.

"Even the council of governors opposed the regulations and wrote to the Ministry of Water to withdraw it but the Water Resources Authority went ahead to start asking for the increased levies without considering the plight of poor Kenyans," said Mungai.

He said since the provision of water and sanitation services is a devolved function, the exclusion of the Senate in making the laws makes it illegal.

They want the court to declare that the water regulations are unconstitutional.