A petition was Tuesday filed at High Court of Mombasa challenging Kenya Power and Lighting Company’s (KPLC) decision to disconnect electricity supply to critical services in Nairobi County.
The services include hospitals, water pumping stations, street lighting, garbage collection, and fire stations.
The petition filed under certificate of urgency, argues that the move is unconstitutional and endangers public safety.
Charles Waithaka Rubia through his lawyer Elkana Mogaka, claims that KPLC, bypassed legally mandated dispute resolution mechanisms before cutting off power.
According to Mogaka, KPLC acted under the directive of energy Cabinet Secretary Opiyo Wandayi to cut off power in Nairobi county’s critical facilities.
Mogaka contends that KPLC’s actions amount to economic sabotage and an abuse of authority.
“The threatened power disconnection constitutes an abuse of authority by the 1st Respondent, which, instead of engaging in legally recognized dispute resolutions mechanisms such as arbitration and mediation, is resorting to intimidation and coercion,” argues Mogaka.
Mogaka alleges that Kisumu, Mombasa, Homa Bay, and Busia counties have also faced indiscriminate power disruption, where hospitals and other public services have been affected over unpaid bills.
The petitioner argues that KPLC’s actions violate several constitutional provisions, including right to healthcare, as hospitals rely on electricity for life-saving procedures, right to information, as residents were not given adequate notice of the disconnection, consumer rights, as essential public services should not be arbitrarily disrupted and cooperation between different levels of government, which requires disputes to be resolved amicably.
Mogaka argues that national and county governments are required by law to resolve disputes through mediation, arbitration, and negotiation before taking extreme measures.
The Intergovernmental Relations Act explicitly outlines structured procedures for handling conflicts between government entities, which KPLC allegedly ignored.
“Cutting off power to essential services is not an option on the table because of the prejudice occasioned to the public interest, especially to a fellow government organ which provides essential services just like the 1st respondent,” read the court documents.
“As a result of the 1st respondent’s illegal, unconstitutional, and unreasonable actions, they are compromising the Constitutional rights held by Kenyans.”
Rubia wants the court to quash KPLC’s decision to disconnect power to Nairobi County services.
He also wants the court to order the immediate restoration of electricity to affected offices and essential services.
He further wants the power cut to be declared unconstitutional, as it endangers public safety and violates due process.
“A declaration that cutting of power supply by the 1st respondent without exhausting the dispute mechanisms provided under the Intergovernmental Relations Act, is unconstitutional and breaches Kenyans rights to the highest standards of healthcare under Article 43 of the Constitution,” read the court documents.
Justice Jairus Ngaah has since certified the matter as urgent.
Ngaah also directed the application to be served for interpartes hearing on March 5.
The standoff between the power utility and City Hall has degenerated to a drama that saw the later dump garbage at Stima Plaza.
Talks are ongoing to solve the saga over pending bills.
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