The High Court on Wednesday ruled that Kenya Power can disconnect electricity supply to key facilities of the Nairobi County Government over a pending debt of Ksh732 Million.
In his ruling on Wednesday, Justice John Mativo dismissed a case filed by the county seeking to stop Kenya Power from disconnecting electricity supply to city facilities.
“The law permits Kenya Power to not only demand the charges for electricity supply but also to disconnect the supply. There’s nothing illegal for Kenya Power demanding the stated sum,” Mativo ruled.
Justice Mativo noted that the petition had not established any basis for the court to grant orders.
He further added that the county failed to demonstrate that it is under no obligation to pay the debt adding that it did not offer any evidence to demonstrate that Kenya Power’s act of demanding the outstanding bill is illegal.
This comes as a relief to Kenya Power after a ruling in 2017 which ordered the electricity supplier to pay Nairobi County Ksh605 Million in accumulated way-leave charges.
A petition by the power company that wanted an injunction issued so that the county does not compel it to pay up the fees which had accrued from way-leave and pole charges.
In the ruling, Justice Mativo upheld Section 148 of the Constitution on local government, noting that the Nairobi County predecessor, City Council, was mandated to charge way-leave fees as per the law.
Kenya Power had sought to have the court declare it not liable to pay any charges on account of poles and wayleaves and issue an injunction restraining the county from demanding or seeking any charges.
It also wanted damages for its rights being violated in the Constitution, which demands it provides power to 4.4 million people and cables that are used by telcos.