KPLC seeks dismissal of case aimed at blocking power cuts to critical acilities

In a preliminary objection, KPLC claims that the petition should be struck out.

"This Honourable Court lacks original jurisdiction to hear and determine this matter and, as such, it ought to be struck out with costs, by dint of the appellate jurisdiction vested in the High Court vide Section 37(3) & (4) of the Energy Act, 2019 and Regulation 21 of the Energy (Complaints and Disputes Resolution) Regulations, 2019," reads the court papers.

Lawyer Mogaka Elkana, representing the petitioner Charles Rubia, argued that the objection is misguided.

"This is a monopoly with no other competitors in the market," said Mogaka.

The court is set to deliver its ruling on May 20 this year.

The petitioner, Charles Rubia, moved to court seeking an order barring Kenya Power from cutting off electricity to hospitals, water pumping stations, and street lighting.

He argues that if the court does not intervene, Kenya Power’s actions will disrupt service delivery, threaten public health and safety, and create a constitutional crisis regarding the management of national utilities in the devolved system.

The court papers also reference concerns raised by the Cabinet Secretary for Energy and Petroleum, who has questioned Kenya Power’s past actions, citing instances where power disconnections endangered lives and disrupted critical county services.

Rubia further argues that when negotiations between different government entities fail, Kenya Power is required to formally declare a dispute and refer the matter to the Summit, the Council, or another intergovernmental body established under the law.

Instead of following this approach, he contends, Kenya Power has resorted to "draconian" actions, such as cutting off electricity to critical infrastructure in Nairobi County.