Governors fault Kenya Power, demand accountability over debts owed to counties

This follows a fierce standoff between Nairobi County and Kenya Power triggered by commercial interests that had left essential services at risk.

“For over a decade, KPLC has wielded unchecked power over counties, often resorting to abrupt power disconnections without due process or consideration of the broader impact,” the CoG stated.

In a statement issued by CoG Chairperson Ahmed Abdullahi, the Governors cited several past cases where the electricity distributor disconnected power from key county institutions such as hospitals, water facilities, and government offices endangering lives and disrupting services.

These include an incident in 2014 where the Kisumu District Hospital had its power cut off and in March 2023 where the Mombasa General Hospital faced a similar situation, leaving patients vulnerable. The CoG also cited a case in 2013 where Water services in Homa Bay were disrupted after power to the town’s water intake facility was reportedly disconnected by KPLC.

“When KPLC switches off power to county infrastructure, it cripples essential services that also benefit them. This selective application of authority is unfair and must be addressed,” the CoG underscored.

The Governors further pointed out that while KPLC is quick to disconnect power over unpaid bills, the company itself owes counties billions in unpaid land rates, wayleave charges, and water bills.

"However, when the roles are reversed, the company swiftly assumes the position of a victim. This selective application of authority raises serious concerns about fairness and accountability," the statement added.

The CoG called for structured dispute resolution mechanisms to prevent power disconnections that jeopardize essential services.

“It is time for KPLC to reflect on its actions, acknowledge the suffering caused by its practices, and work towards a fair, transparent, and predictable billing and disconnection process,” the statement read.

The council also urged the power company to respect legal provisions such as Section 57 of the Physical and Land Use Planning Act, which requires development permissions from counties before carrying out any work.

The governors have now engaged the Ministry of Energy and Petroleum to find a long-term solution and are pushing for the use of intergovernmental mechanisms to settle disputes.

"To ensure that we address the issues in the Energy Sector, the Council of Governors communicated with the Ministry of Energy and Petroleum vide a correspondence to raise the aforementioned issues."

"In this regard, we urge KPLC to utilize the existing intergovernmental mechanisms to resolve any disputes with the County Governments including the issues settlement of debt," the Governors concluded.

The CoG also took issue with recent statements made in Parliament questioning the allocation of the Road Maintenance Levy Fund (RMLF) to county governments. They termed the remarks as uninformed and a threat to devolution.

According to the Council, county governments manage 182,832 kilometres of roads out of the total national network of 239,122 kilometres. They further stated that counties have significantly improved road infrastructure, having constructed 5,400 km of tarmacked roads by 2024, an increase from 4,200 km in 2018. CoG added that gravel roads managed by counties have also expanded from 49,000 km to over 76,000 km during the same period.

“The National Government is responsible for national trunk roads, while counties manage county roads. The claim that counties should not receive RMLF allocations is misleading and unconstitutional,” the CoG stated.

The governors criticized Parliament for delaying the enactment of the County Governments Additional Allocations Act 2024/25, which they say has hindered service delivery. They also called for amendments to the Roads Act, 2007, to align with the Constitution and streamline road management by merging KeRRA and KURA.

The Council called on stakeholders, including the Senate, civil society organizations, and the public, to hold Parliament accountable and protect counties' rightful share of the RMLF.