Nairobi county loses attempt to quash Sh6.4 billion Kenya Power case
The dispute arose after Kenya Power disconnected electricity at City Hall over a Sh1.6 billion bill, prompting the county to retaliate by cutting water and sewer lines and dumping garbage at Kenya Power’s Stima Plaza offices.
The Environment Court has rejected an attempt by the Nairobi County government and its water agency to dismiss a case filed by Kenya Power over garbage dumping and disrupted access to its headquarters following a Sh6.4 billion debt row.
Kenya Power moved to court in February after its Stima Plaza offices were surrounded with garbage and waste trucks by county workers in retaliation for a Sh1.6 billion electricity bill dispute.
The firm said the move crippled operations and left employees and other tenants—including medical centres, banks, law firms, and insurers—struggling to access the premises.
In response, Nairobi County and the Nairobi City Water & Sewerage Company urged the court to throw out the case, arguing it was an intergovernmental matter and should be handled through mediation or arbitration by the Water Tribunal or the Intergovernmental Relations Council.
Justice Anne Omollo rejected their request, stating that the presence of alternative dispute resolution mechanisms does not bar courts from hearing cases involving human rights violations.
“The existence of alternative dispute resolution mechanisms do not automatically oust the jurisdiction of this court to hear petitions alleging violations of the bill of rights. Parties alleging want of jurisdiction must demonstrate the adequacy of the alternative mechanism and which in my view and I so hold a basis was not laid,” the judge ruled.
The dispute began when Kenya Power cut electricity supply to City Hall over a Sh1.6 billion unpaid bill. The county government then disconnected water and sewer services at Stima Plaza, citing a Sh4.8 billion debt in wayleave fees.
This led to a total contested bill of Sh6.4 billion between the two entities.
The county had also argued that since Kenya Power is a national government agency and the water company is a county entity, the conflict fell under intergovernmental dispute resolution.
But the court found that the petition raised issues that warranted judicial consideration, particularly after Kenya Power claimed the garbage blockade at its offices violated constitutional rights.
