PROTEST LETTER

To

The MD- KIWASCO

info@kiwasco.co.ke

To

WASREB

Email: info@wasreb.go.ke

Water Resources Authority (WRA) 

8TH FEB 2022                                                                                    

Dear respected officers

RE; STOP OVERCHARGING KISUMU USERS ON WATER TARRIFS

Due to overwhelming public outcry and concern we hereby petition your respective offices to act speedily on the above subject matter.

This petition is presented in exercise of our sovereign power granted in article 1 and chapter 4 (a)(b) and (c) of our 2010 constitution

The first respondent in this petition is KIWASCO a key decision maker. KIWASCO is registered under CAP 486 of the laws of Kenya is mandated to provide cost effective and affordable quality water and sanitation services to the residents of Kisumu County. This also includes to collect, treat, dispose sewerage (wastewater) within the jurisdiction of Kisumu City

The 2nd respondent is the Water Services Regulatory Board (Wasreb) which is a regulatory state corporation established by the Water Act 2002and Water 2016 operationalized in April 2017.

Under Section 70 (1) of the Water Act 2016 Wasreb was established with the main objective to protect the interests and rights of consumers in the provision of water services, while ensuring other stake-holders interests are also safeguarded.

The third Respondent is the Water Resources Authority (WRA) which is a state corporation established under Section 11 of the Water Act, 2016. it is mandated through delegated Authority on behalf of the National government to safeguard the right to clean water by ensuring that there is proper regulation of the management and use of water resources, in order to ensure sufficient water for everyone.

As petitioners we hold view that

1.     Both KIWASCO & WASREB have imposed unaffordable water tariffs averagely triple the usual costs against the their constitutional mandate and without due respect to public participation

2.    Acting in the public interest ,we hold onto the view that the new tariffs are not practically affordable

3.    WASREB & KIWASCO failed on their constitutional mandate to engage all key stakeholders into a proper public participation when arriving at the incremental costs.

4.     KIWASCO and WASREB being constitutional creations acting on delegated authority have failed to engage public and key stakeholders in having an open, accountable and structured participation where citizens or water vendors or a segment of a community can interact, exchange views and influence decision making.

5.    This means WASREB & KIWASCO have failed to observe that Public participation is a crucial pillar of the 2010 Kenyan Constitution that promotes democracy by providing the public with the opportunity to take part in decision-making processes in government.

6.    KIWASCO and WASREB have failed to observe Article 10 (2) a, b and c under the national values and principles of governance which includes democracy and participation of the people; inclusiveness; good governance, integrity, transparency and accountability

In respect therefore to Article 33 freedom of expression of all participants we submit this petition in the overwhelming interest of the general public.

We submit to all the duty bearers as respondents that they should call off the new tariffs and institute a fresh process of consultation and stakeholder engagement in arriving at an agreeable rates failure to which we shall move to court to stop the new tariffs.

 

Yours truly

Undersigned