The ongoing standoff between Nairobi City County and Kenya Power has reignited a long-standing dispute between counties and the utility firm over arbitrary and punitive disconnections.
Governors on Thursday accused the firm of using power disconnections as a weapon, often cutting off electricity to critical institutions without due process or consideration of the consequences.
Power connections to hospitals, water installations and county government offices have repeatedly been cut over unpaid bills, leading to massive disruptions that put lives at risk, the county bosses said.
The Council of Governors (CoG) chairperson Ahmed Abdullahi said the power utility firm owes counties billions in land rates, wayleave charges, water bills and other levies since the onset of devolution.
For instance, Nairobi county government says the utility firm has not paid Sh4.8 billion in wayleave charges between 2016 and 2023.
Last December, the county wrote to Kenya Power demanding payment for the debt which has accrued from 2016 for the 4,032 kilometres of wayleave accorded to run its power lines.
“However, when the roles are reversed, the company swiftly assumes the position of a victim. This selective application of authority raises serious concerns about fairness and accountability. As a matter of fact, when KP switches off power from the county infrastructure, counties are unable to provide service which also benefits them,” Mr Abdullahi said in a statement.
Mr Abdullahi who is the Wajir governor called for a more structured and consultative approach to resolving these disputes, arguing that essential services should never be compromised due to financial disagreements.
“The standoff in Nairobi is just a fraction of what counties and ordinary Kenyans have endured for years. Kenya Power must recognize the suffering caused by its actions and commit to a fair, transparent, and predictable billing and disconnection process,” the county boss said.
To address these concerns, the CoG has formally written to the Ministry of Energy and Petroleum seeking discussions on how to resolve disputes between counties and the power company without endangering public services.
Mr Abdullahi asked the power company to utilise intergovernmental mechanisms to resolve issues, including debt settlements, rather than resorting to abrupt disconnections that paralyse county operations.
Over the years, county hospitals have been plunged into darkness mid-operation, government offices paralysed and towns left without water due to disconnections
In 2014, CoG said Kisumu District Hospital had its power disconnected despite pleas from the county’s health director Dr Ojwang, endangering patients who depended on life-saving equipment.
In Kilifi, the Civil Registration Office remained without power for two weeks, grinding operations to a halt while in Homa Bay, a water intake facility that served thousands of residents had its supply cut in 2023 after disconnection.
In Busia, government services have been paralysed multiple times forcing county officials into last-minute negotiations to restore power.
Beyond counties, private individuals and businesses have also suffered from the company’s high-handedness.
In 2018, a Nairobi resident took the company to court after receiving an inflated bill of Sh616,000 despite being away from home for two months.
That same year, the High Court ruled against the firm’s practice of inflating consumer bills following a petition by lawyer Apollo Mboya.
