Justice on tap for Runda water winner
A judge has backed a Runda resident who refused to buy water from the estate’s company.
Dr Kiirinya Mwendia will also be free to move construction material within the estate without being charged until the case he filed is determined.
High Court judge Mumbi Ngugi asked Dr Mwendia to serve Runda Water Limited and Runda Association, the two respondents with the orders.
Obtaining water
Dr Mwendia went to court claiming Runda Water has been prohibiting him from obtaining water from the Nairobi Water and Sewerage Company (NWSC). The company, he said, insisted he could only get water from them.
The resident claims the water provided by the estate company is more expensive per unit than that provided by NWSC.
“The applicant prefers water supplied by NWSC which is cheaper and of 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, enforceable on all residents as well as the public which contravene his fundamental rights.
Among the rules is the prohibition of construction on weekends from 1pm on Saturday to Monday 7am and public holidays.
Dr Mwendia claims that the water company and the association have taken unto themselves the role of managing and controlling the use of all public roads within the estate and its environs.
“I believe the two have no right to interfere with the use of a public road by the public and demand payment before one is allowed to ferry materials,” said Dr Mwendia.
He argued that Runda Water does not have exclusive right to supply water in the estate and that NWSC is presently supplying water to other residents.
Invoke jurisdiction
However, the association and the company asked the court to dismiss the suit, terming it as frivolous.
They told the court that the allegation that the rights of Dr Mwendia had been violated does not meet the threshold to entitle him to invoke the jurisdiction of the court.
They also claimed that the suit is a fishing expedition as it does not have specified claims.