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Court throws out Nyeri water connection suit over Sh10,000 bill

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A judge in Nyeri has declined to hear a case filed by a tenant challenging refusal of the local utility firm to connect her with water over of Sh10,000 arrears left by the previous house occupant.

Ms Stella Nyawira wanted the court to declare that decision of the Nyeri Water & Sanitation Company (Nyewasco) is a gross violation of the constitutional right to clean and safe water in adequate quantities.

Together with her landlord Brookplace Investment, they also wanted the court to overturn the demand by Nyewasco that the landlord should settle the outstanding water bill for a previous tenant to enable water connection to the new tenant.

They told the court the demand was a gross violation of a landlords right to protection of their economic interests.

But Justice Abigail Mshila struck the petition saying the court has no powers to hear it and directed them to Water Disputes Tribunal.

"This court finds that the issues are commercial in nature and not constitutional. The dispute relates to a commercial issue on an outstanding bill and it is this court's considered opinion that the petitioners have chosen the wrong forum to address their grievances," said the judge.

She said the Water Act gives the Tribunal the power to hear and determine any dispute concerning water resources or water services where there is a business contract, unless the parties have otherwise agreed to an alternative dispute resolution mechanism.

"A cursory look at the facts set out in the petition is sufficient to conclude that the dispute is centered on the provision of water services by the Nyewasco to the petitioners. It is also evident that the landlord has a business contract with the respondent (Nyewasco)," ruled the court.

The judge upheld a preliminary objection filed by the water firm, through lawyer Wahome Gikonyo, challenging authority of the court to hear and determine the dispute.

Lawyer Gikonyo said the demand for payment of outstanding water bills does not violate anyone’s rights as it is the duty of every landlord to ensure that all utility bills are paid before a tenant vacates the premises.