A Mombasa resident has taken Kenya Power to court, seeking to prevent the electricity provider from disconnecting power supply to critical public facilities such as hospitals over unpaid bills.
Mr Charles Waithaka Rubia argues that such actions have previously disrupted essential services, putting lives at risk, and now seeks urgent intervention from the court to prevent further harm.
Mr Rubia has named Energy Cabinet Secretary Opiyo Wandayi and Attorney-General Dorcas Oduor as respondents in the case, while the council of governors and Nairobi county government are listed as interested parties.
The petitioner, through Mogaka Elkana Advocates, contends that Kenya Power’s recent move to cut off power supply to essential Nairobi County services is an abuse of authority and a violation of the public’s fundamental rights.
"The said actions by the respondents amount to economic sabotage and an unconstitutional attempt to paralyse the operations of the county, which is charged with providing essential public services," said Mr Rubia in a petition filed under the certificate of urgency.
Mombasa High Court judge Jairus Ngaah acknowledged the urgency of the case and directed that the documents be served on all the parties for a hearing next week.
“I have read the applicant’s application dated February 28, 2025, filed under a certificate of urgency of even date. I hereby certify it as urgent and direct that the same be served for inter partes hearing on March 5. It is so ordered,” the judge stated.
Blackout over unpaid bills
Last week, KPLC disconnected electricity supply to several county offices, citing unpaid bills totaling billions of shillings.
In response, the devolved unit dumped heaps of garbage at the entrances of the electricity company's headquarters, Stima Plaza, disrupting operations and causing staff to vacate due to foul smell.
The petitioner alleges that KPLC, under the direction of the Ministry of Energy, has issued threats and taken active steps to disconnect electricity from critical county services.
"Among the affected facilities are Pumwani Maternity Hospital, which could endanger patients' lives, water pumping stations, whose shutdown could cause a severe water crisis, and street lighting, which plays a key role in ensuring security at night," he said.
Further, Mr Rubia highlights that garbage collection services, which rely on night-time operations, and the mortuary managed by the county are significantly going to be affected, creating an environmental and health hazards.
The petitioner asserts that these disconnections constitute an immediate and severe risk to public safety and wellbeing, especially for patients in hospitals who rely on life-support equipment.
Additionally, he notes that fire station services—an essential emergency response unit—require an uninterrupted power supply to operate effectively.
The sudden disconnection of electricity, he argues, could paralyse emergency response efforts, putting lives and property at significant risk.
According to Mr Rubia, KPLC has failed to engage in legally recognised dispute resolution mechanisms, such as arbitration and mediation, instead resorting to intimidation and coercion.
“There exists no justifiable reason for KPLC to unilaterally, arbitrarily, and oppressively disconnect power supply to the county, especially when the affected services are of national and public importance,” the petition reads.
The petitioner further submits that unless the court intervenes urgently, KPLC’s actions will cause irreparable harm to Nairobi residents, depriving them of essential services.
He has warned that such actions set a dangerous precedent whereby county governments can be unlawfully coerced and bullied by national agencies, undermining the constitutional framework governing intergovernmental relations.
The petition also highlights that KPLC’s actions are not an isolated incident. The petitioner cites a similar case from eight years ago when KPLC abruptly disconnected power to Busia Referral Hospital over an unpaid bill of Sh500,000.
Additionally, he points out that counties such as Mombasa, Kisumu, Homa Bay, and Migori have faced similar power disconnections, including at referral hospitals, raising concerns over KPLC’s approach to debt recovery from county governments.
While KPLC is swift to disconnect power over unpaid bills, the petitioner argues that the electricity company itself owes billions in unpaid land rates, wayleave charges, and water bills to various counties.
He argues that electric power supply to institutions such as the Nairobi County Government is so critical that KPLC cannot proceed to cut it off in the same manner as it would for a private entity.
