Justice Omollo had allowed the parties two weeks to record consent and negotiate.
CWSB wanted an order that the defendant pay it Sh45.3 million as costs of removal and fortification of pipes.
The board also claims that due to the interference with its pipeline, it is unlikely to supply water to residents of Mombasa, Kilifi ,Kwale and Taita Taveta respectively.
Kenya Railways Corporation (KR) and the Coast Water Services Board (CWSB) have recorded consent to negotiate a dispute relating to construction of the Sh327 billion Standard Gauge Railway line.
In a letter to the court, the agencies asked Environment and Lands Court Judge Ann Omollo to stay the hearing of the matter to allow parties negotiate out of court.
“We the undersigned wish to record that by consent, the petitioners petition filed on June 15, 2016 be and is hereby stayed pending negotiations by the parties herein,” the letter signed by advocates representing both parties said.
Justice Omollo had allowed the parties two weeks to record consent and negotiate.
The board had filed a suit seeking orders to force KR and China Road & Bridge Corporation (Kenya) (CRBC) to relocate a pier constructed on the Mzima pipeline within a 30-metre wayleave reserved.
The board also wanted an order that the defendant pay it Sh45.3 million as costs of removal and fortification of pipes.
In its court papers, CWSB says that the construction of the pier by the respondents has rendered its pipeline unserviceable and that the defendants have declined to pay reparation for relocation.
The board claims that KR has written to it stating that it was not possible to alter the position of the pier for the rail at Taru.
“The petitioner is entitled to the fundamental rights to acquire and own property or be promptly compensated where the property is acquired for public interest,” the board said in its petition.
CWSB further claims that its pipeline has been rendered unserviceable by construction of the pier on the pipeline.
The board also claims that due to the interference with its pipeline, it is unlikely to supply water to residents of Mombasa, Kilifi ,Kwale and Taita Taveta respectively.
The board chief executive officer Joseph Omwange said that CWSB and other water companies had last year conducted joint site verification for the water pipes relocation and prepared a quotation.
“It is imperative that this court hears this petition and grants the reliefs sought as the respondents have breached the fundamental rights of the petitioner,” Mr Omwange had said in his supporting affidavit.
The matter will be mentioned on July 9.
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