The National Environment Management Authority (NEMA) has given the Nairobi City County Government a stern directive to clear the massive piles of garbage dumped at Kenya Power’s Stima Plaza immediately. Failure to comply, NEMA warned, would lead to legal action.
Dr. Ayub Macharia, NEMA’s Enforcement Director, strongly condemned the illegal dumping, citing the health hazards posed to nearby residents. The warning comes amid a long-standing financial dispute between Nairobi County and the Kenya Power and Lighting Company (KPLC) over unpaid wayleave fees amounting to Ksh 4.8 billion.
The county accuses KPLC of failing to honor its obligations despite multiple payment demands dating back to 2002. Nairobi County Secretary Godfrey Akumali insists that KPLC is not exempt from these charges under Legal Notice No. 4894 of 2001.
“The law is clear on wayleave charges, and KPLC is not exempt. They cannot continue ignoring their financial obligations while generating revenue from our infrastructure,” Akumali stated.
The dispute, which began in 2007 when KPLC petitioned the High Court against the county’s wayleave fees, remains unresolved. While the court initially ruled against KPLC, the company secured a stay on the decision in 2017. However, Nairobi County claims that KPLC has yet to formally appeal, prolonging the standoff.
County officials have criticized KPLC for enforcing payments from customers while allegedly neglecting its own dues. Adding to the tension, the county has raised concerns over KPLC’s leasing of utility poles to internet service providers (ISPs), including Liquid Intelligent Technologies, Telkom Kenya, and Safaricom. The county alleges that KPLC profits from leasing infrastructure located on county land while refusing to pay wayleave fees.
“This is a clear case of double standards. KPLC cannot charge third parties for access to county land while refusing to pay its dues,” a senior county official stated.
As retaliation, the county has refused to collect garbage near KPLC’s Stima Plaza, arguing that services will resume only once the company settles its debt. Akumali emphasized that Nairobi County requires funds to sustain essential services and will not back down until KPLC clears its dues.
Meanwhile, Nairobi County acknowledges an outstanding electricity bill of Ksh 113 million owed to KPLC, primarily for public lighting. However, county officials argue that this amount is minor compared to the wayleave fees owed by KPLC. Additionally, KPLC owes the county Ksh 17 million in unpaid land rates.
“As much as KPLC demands its dues, it must also acknowledge its financial obligations to the county. We have been patient, but we will not hesitate to take necessary measures to recover what is owed to us,” Akumali warned.
With NEMA’s intervention adding pressure, the standoff between Nairobi County and KPLC is set to intensify unless a resolution is reached soon.
