Court to rule on Runda water dispute
A dispute over supply of water between a resident of an upmarket Runda estate and the area water company will be decided today.
Mr Justice Majanja will deliver the judgement after Dr Kiriinya Mwendia and Runda Water limited argued their case before him.
The case proceeded to full hearing after the parties failed to enter a settlement despite the court giving them a chance.
Dr Mwendia moved to court claiming Runda Water limited has prevented him from obtaining water connection from Nairobi City Water and Sewerage Company insisting he must get the commodity from it.
During the hearing yesterday, through lawyer John Njomo, the petitioner said as a consumer the constitution provides for his rights which entitle him to choose his preferred service provider.
Dr Mwendia is also seeking compensation saying as a result of the respondent action he suffered loss.
Runda water limited and Runda association who are the respondents through lawyer Miller Bwire urged the court to dismiss the claim for relief being sought.
In his petition,Dr Mwendia claims the water provided by Runda Water Limited is more expensive per unit than that which is provided by NWSC.
“The applicant prefers water supplied by NWSC which is more cheaper and high quality,” read part of the grounds supporting the petition.
Dr Mwendia has also sued Runda Association claiming that it has come up with several rules which they enforce on all residents and members of the public within the estate which he find illegal and unreasonable.
He claims that the water company and the association have taken into themselves the role of managing and controlling the use of all public roads within the estate and its environs hence infringing on his rights and those of members of the public.
Mr Cleopas Agingu, Runda Water limited commercial manager in his affidavit claims Dr Mwendia is within the jurisdiction of the company’s designated area to supply the commodity.
Mr Agingu claims that Runda Water limited has since 1975 provided been supplier of water to the area which appointment was made under the Water Act and has never been revoked.