A non-governmental community organisation has sued Coast Water Works Development Agency (CWWDA) seeking to have it compelled to immediately reconnect and restore optimal bulk water supply to all regional water service providers within affected coastal counties.
In its petition at the Environment and Land Court (ELC) in Kwale, Economic Justice Forum (EJF) is also seeking for an order abolishing the establishment of the CWWDA.
EJF says that CWWDA recently disclosed an alleged accumulated historical bulk water debt of KES 6 billion purportedly accrued collectively by four coastal water firms since 2012.
It says that as a punitive measure for the alleged non-payment of the disputed billing, CWWDA has systematically and arbitrarily disconnected or downscaled bulk water supply to several regional water service providers creating an artificial severe water crisis.
Through Sharia Nyange Njuguna & Co Advocates, EJF says that CWWDA issued an abrupt disconnection notice on August 25 to TAVEVO water and sewerage company in Taita Taveta county executing an immediate supply cut.
“Similar disconnections have severed supply to Kilifi Mariakani Water and Sewerage Company (Kimawasco) and Malindi Water and Sewerage Company (Mawasco) in Kilifi County leaving millions without piped access,” part of the petition states.
EFJ says that it contests the legality, calculations, contractual bases, tariffs and meter readings backing CWWDA KES 6 billion claim asserting that no independent validation or public auditing has verified the invoices.
The petitioner further says that according to published institutional data, approximately 2.4 million people depend entirely on piped infrastructure within CWWDA jurisdiction.
“The disconnections have paralysed households, public and private hospitals, schools, judiciary, prisons, hospitality establishments, religious institutions, markets and small businesses during a critically dry period,” part of the petition states.
EFJ further says that CWWDA as a national organ is exercising unlawful, decisive, veto-like commercial control over a basic service constitutionally designated to devolved entities thus undermining objectives of devolution set out in the constitution.
According to EFJ, CWWDA’s punitive commercial water disconnections violate the principle of cooperative governance and amount to an economic blockade of the coastal counties.
EFJ has also sued the Attorney General and named Cabinet Secretary for Water and Sanitation, Water Services Regulatory Board (Wasreb), and the county governments of Mombasa, Kilifi, Taita Taveta and Kwale as interested parties in the petition.
EFJ is also seeking a declaration that water and sanitation services are an exclusive devolved function of county governments and that the national government or its agencies cannot exercise decisive control or disconnect supplies to defeat the constitutional structure.
The petitioner says that CWWDA’s execution of disconnections via short, sudden notifications bypassed procedural fairness, the right to a prior hearing and reasonable notice, failing the test of lawfulness and reasonableness.
EFJ says that the residents of the coastal region, as consumers of water services, are entitled to protection of their health, safety and economic interests thus unreasonable disconnections based on unverified bulk disputes constitute breach of consumer rights.
It also seeks for an order quashing a customer communication alert dated August 25 disconnecting bulk water supply to Tavevo Water and Sewerage Company, Kwale Water and Sewerage Co (Kwawasco), Mawasco and Kimawasco.
The petitioner also wants an order issued directing Wasreb and the Auditor General to jointly conduct an independent, transparent forensic audit of the alleged Sh6 billion bulk water debt within 90 days to determine its lawful validity, historical accounting errors and proper adjustments under fair tariffs.
EFJ also wants an order issued that the mandate, roles, functions and services of CWWDA be assigned to respective county governments within the coast region and in particular the management and operations of water and sanitation service sector.
In the meantime, the ELC has directed that a status quo be maintained by all parties until September 21, when there shall be an inter party hearing on an application by EFJ for interim conservatory orders.
