Kenya Power barred from disconnecting county services over debt
The Kenyan High Court has ruled that Kenya Power and Lighting Company (KPLC) acted unconstitutionally by disconnecting electricity to Nairobi County offices over unpaid bills. The court emphasized that the utility must exhaust intergovernmental dispute-resolution mechanisms before resorting to service disconnection.
Why it matters
This ruling sets a legal precedent for how public utilities interact with government entities, prioritizing the continuity of essential public services over debt collection tactics.
The High Court has ruled that Kenya Power and Lighting Company acted unconstitutionally when it disconnected electricity to Nairobi County government offices over unpaid bills. Justice Jairus Ngaah said the power utility should have exhausted mandatory intergovernmental dispute-resolution mechanisms before resorting to what he described as “draconian self-help”.
The dispute followed KPLC’s disconnection of electricity to several Nairobi County offices over outstanding bills, triggering a public standoff that was later resolved through mediation convened by the Head of Public Service.
The case was filed by Charles Waithaka Rubia, a resident of Mombasa County, in his own interest and on behalf of residents of Kenya’s 47 counties.
Rubia argued that the February 14, 2025, disconnection had “ground the machinery of the county to a halt”, while threatened disconnections could have affected Pumwani Maternity Hospital, mortuaries, fire stations and street lighting.
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