Mombasa Governor Abdulswamad Nassir has voiced his support for Nairobi Governor Johnson Sakaja in an ongoing dispute with Kenya Power over wayleave charges, intensifying a standoff between the county government and the electricity utility.
At the heart of the conflict is the Nairobi County Government’s demand that Kenya Power pay wayleave fees for using public land and infrastructure. Nassir argues that these fees are a crucial revenue source for counties and must be paid to uphold constitutional and legal frameworks governing county operations.
“It is a matter of great concern that Kenya Power, a state corporation entrusted with the vital mandate of electricity distribution, has chosen to blatantly disregard the constitutional and statutory authority of city counties by refusing to remit wayleave fees,” Nassir said. He further claimed that this refusal amounts to tax evasion, which undermines devolution.
Kenya Power, however, insists that it is not obligated to pay the fees without approval from the Cabinet Secretary, citing Section 223 of the Energy Act, 2019, which states: “No public body shall charge levies on public energy infrastructure without the consent of the cabinet secretary in writing.”
The dispute escalated when Kenya Power disconnected electricity at several Nairobi County offices over unpaid bills. In response, the county cut off water and sewerage services to Kenya Power’s headquarters at Stima Plaza.
Kenya Power’s General Manager for Commercial and Sales, Rosemary Oduor, defended the company’s actions, stating that the disconnections were lawful and aimed at compelling the county to clear outstanding arrears.
“We disconnected power in their offices and some installations last week due to unpaid bills. When a customer fails to pay, we are within our rights to withdraw service,” Oduor said.
After negotiations, power was restored last Friday following the county’s written commitment to settle part of its debt.
Meanwhile, Nairobi County Secretary Godfrey Akumali countered Kenya Power’s claims, insisting that the utility owes the county Sh4.83 billion, dating back to 2017. He dismissed the claim that the county owes Kenya Power Sh3.1 billion, stating that the county has already paid a portion of its bill.
“Let it be very clear—KPLC owes us Sh4.8 billion,” Akumali said, citing multiple unanswered payment demands.
With both sides standing firm, the dispute highlights the ongoing challenges in revenue collection and service provision between county governments and state corporations.
