Kenya Power allowed to disconnect Nairobi County’s supply over Ksh. 732M debt
Kenya Power can go ahead and disconnect power supply to key facilities of the Nairobi County Government over an outstanding debt of Ksh.732 million.
This is after the court dismissed a case filed by the county seeking to stop Kenya Power from disconnecting electricity supply to city facilities.
High Court judge John Mativo in his decision said the petition does not raise any constitutional questions at all.
“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 said sum,” Mativo said
The judge noted that the petition had not established any basis for the court to grant orders, adding that the county has neither demonstrated that it is under no obligation to pay the said debt nor has it offered any evidence to demonstrate that Kenya Power’s act of demanding the outstanding bill is illegal.
“This court abhors the practice of parties converting every issue into a constitutional questions and filing suits disguised as constitutional petitions when in fact they do not fall anywhere close to violation of constitutional rights,” ruled Mativo.
Mativo dismissed the case in its entirety with no order as to cost.
The judge noted that the county had invited the court to declare that it is not entitled to pay the outstanding electricity bill and a further declaration that the demand by Kenya Power for the said bill was illegal.
The county had argued that the move by Kenya Power may cause mayhem in the hospitals and have far reaching consequences which might lead to death of patients.
“In order to safeguard the interest of the petitioner, the High Court should protect due process of law and avoid total service disruption and disorganization in the city to preserve the right to health and life of millions,” the county government stated.