A Mombasa resident has taken Kenya Power to court, seeking to prevent the utility from disconnecting power supply to critical public facilities such as hospitals over unpaid bills.
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 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,” he said 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.
Last week, KPLC disconnected the electricity supply to several county offices, citing unpaid bills totalling billions of shillings.
“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.
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 hazard.
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.
"The disruption severely affected health services, forcing the transfer of patients—including accident victims—to private healthcare facilities. This past incident demonstrates KPLC’s indiscriminate and reckless approach in dealing with disputes over unpaid bills," said Mr Rubia.
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 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.
The petition insists that before resorting to such drastic measures, KPLC must exhaust the dispute resolution mechanisms codified in national legislation.
"Failure to do so makes KPLC’s actions arbitrary, injurious to public health and security, and unconstitutional," he said.
Mr Rubia seeks an order quashing KPLC’s decision to cut off power supply to Nairobi County and a directive requiring it to restore electricity to all county offices and essential service facilities pending resolution of the dispute.
"The petitioner prays for a declaration that KPLC’s actions, taken without exhausting the dispute resolution mechanisms provided under the Intergovernmental Relations Act—are unconstitutional," he said.
The petitioner also prays for an order compelling KPLC to submit its payment dispute with Nairobi County to the appropriate dispute resolution mechanisms as stipulated in national legislation.
