The High Court has certified as urgent a petition seeking to prevent Kenya Power from disconnecting electricity to essential facilities run by Nairobi and Mombasa County Governments, along with the other 45 counties. The case, filed by citizen Charles Rubia, aims to safeguard critical services such as hospitals, water pumping stations, and street lighting from power disruptions.
Rubia, through his lawyer Elkana Mogaka, argues that Kenya Power’s disconnections pose a severe threat to public health and safety. The petitioner warns that failure to intervene could lead to service delivery breakdowns and a constitutional crisis over the management of national utilities under the devolved governance system.
The dispute has been particularly intense between Kenya Power and the Nairobi County Government. According to court filings, tensions escalated when Kenya Power disconnected electricity to multiple Nairobi County offices on February 14, 2025, citing unpaid bills. Rubia now seeks conservatory orders barring Kenya Power from taking any adverse action against the Nairobi County Government regarding the electricity dispute.
The petition also references concerns raised by the Cabinet Secretary for Energy and Petroleum, who has questioned the rationale behind Kenya Power’s past disconnections. The Energy CS has pointed out instances where power cuts endangered lives and disrupted essential county services, reinforcing the argument that alternative dispute resolution mechanisms should be employed instead of punitive disconnections.
Rubia asserts that when negotiations between government entities break down, Kenya Power is legally required to escalate the matter to established intergovernmental bodies, such as the Summit or the Council of Governors. However, instead of following this legal framework, Kenya Power has allegedly resorted to “draconian” measures by cutting power to critical infrastructure.
The case brings to light broader governance challenges in Kenya’s devolution system, particularly regarding how national utilities interact with county governments. The court’s ruling could set a precedent on how future disputes between national parastatals and devolved units are handled, ensuring that essential services remain uninterrupted.
As the legal battle unfolds, stakeholders will be keenly watching to see whether the High Court intervenes to shield counties from further power disconnections or if Kenya Power’s actions will be upheld as a legitimate debt recovery measure.
