The stinky row: Genesis of City hall vs KPLC standoff and what could have been done

Yesterday, Cabinet Secretary Opiyo Wandayi, while appearing before the National Assembly Energy Committee clarified that while Kenya Power had disconnected power to certain offices belonging to Nairobi City County offices, power to the offices was restored after City Hall committed to paying Ksh.150 million, and everyone thought that was resolved; but that was not the case. 

On Monday, February 24, images and videos trending online, showed garbage trucks, purportedly from the Nairobi County Government, spewing garbage which blocked access to Stima Plaza in Nairobi.

Shortly the garbage hauling trucks and the huge mounds of stomach wrenching heaps of waste virtually made it impossible to access Stima Plaza, the headquarters of KPLC. 

To add salt to injury, Kenya Power released a press statement which stated that that several company-owned vehicles had also been clamped by county government (Kanjo) enforcement officers over claims of unpaid parking fees.

The early morning incident was described by KPLC management as a retaliatory attack by the Nairobi City County Government after being asked to pay for overdue power bills.

KPLC sewers blocked 

As if garbage dumping was not enough, Kenya Power alleged that the Nairobi County employees had blocked a sewer line leading into Stima Plaza, resulting in sewage waste spilling back into Stima Plaza premises. 

All this abuse of vested power and authority by the County Government against Kenya Power was in response to its decision to disconnect power supply to the Nairobi County Government offices due to an overdue power bill.

However, the Nairobi County disputed that assertion when the county Finance Director dismissed claims of owing Ksh.3 billion, a debt accumulated over a span of years. On the contrary, the Nairobi City government alleges that Kenya Power owes City Hall more than Ksh.4 billion in wayleave fees dating back from the early 2000’s.

Governor Sakaja now says a joint verification of the all the meters whose accounts Kenya Power said were in arrears were not within their purview. Whose are they, who do they serve? Tongue-in-cheek, Govornor Sakaja has also said that a trending video showing a truck off-loading garbage out of Stima Plaza was unfortunate and not the intention. “That is not how Nairobi County operates,” he said.  

No debt owed by KPLC

While appearing before the Energy committee, CS Wandayi said KPLC does not owe City Hall any water or wayleave fees.

He condemned the action by the county government against Kenya Power as heinous. CS Wandayi said he had spoken with Governor Sakaja and urged him to instruct his officers to restore normalcy, negotiate and address the matter in a civil way.

However, the Nairobi City County government are seemingly turning the table on Kenya Power by claiming they have been paying their large power bill in small portions despite Kenya Power also owing them wayleave fees and flatly refusing to pay.

In fact, they said at a press conference they had called that Kenya Power had refused to come to a round table for talks and was unresponsive to all letter written to them.

The National Assembly Energy Committee roundly condemn Nairobi City County government for unilateral actions against Kenya Power 

Unanimously, the Energy committee absolutely disapproved the unilateral despicable actions by the County government and is calling for Governor Sakaja’s arrest.

The committee advised the utility firm to enforce the law and ensure that those responsible record statements and face legal action and they must face be held accountable.

The Chairman of the Energy Committee, Vincent Musyoka went on, “Why is City Hall protesting when they haven’t paid? I encourage Kenya Power to act swiftly and disconnect those who are not paying. Why should we have governors looting billions while it only costs a few hundred million shillings to settle electricity bills? Instead of targeting street lighting and other programs that benefit the common mwananchi, go to the governor’s office and switch off the electricity there.”

NEMA's order to clean Stima Plaza

On February 25, the National Environment Management Authority (NEMA) said the deliberate garbage dumping outside Stima Plaza is in violation of environmental laws, and called on the county government to desist from garbage as a weapon in the ongoing dispute.

NEMA also ordered the Nairobi City County Government to remove the garbage dumped at Kenya Power offices in Nairobi.

A NEMA official stated, “We hereby demand that you (Nairobi City County) remove your garbage from this site (Kenya Power offices). This is not a waste disposal site.

NEMA stated they did not want to see the garbage out of the Stima Plaza Offices as it was polluting the environment around the affected offices which comprise both residential and commercial areas. NEMA stated that the garbage dumped out of the Stima Plaza office area now affects completely unrelated parties to the conflict and which is very unfair.

The authority also demanded that the Nairobi City County government cover its garbage trucks as open trucks make environmental pollution worse.

Aside from getting rid of the garbage, NEMA demanded that the county government cover its garbage trucks, noting that the open trucks contributed to environmental pollution as open trucks end up disposing part of the garbage on the way to disposal areas when the wind blows off loose garbage from the truck.

Further, NEMA also wants the Nairobi County Government to obtain garbage handling licences as stipulated in law.

Fury on fibre-optic cables

The Communications Authority of Kenya (CA) also took time to condemn in the strongest terms the unwarranted removal of fiber-optic cables from Kenya Power poles which occasioned disruptions to fiber-optic lines after Nairobi County government took down cables in an ongoing dispute with Kenya Power over wayleave fees.

The communications regulator stated that internet service providers, had complained that an array of internet users including multi-nationals, educational institutions and local traders had all experienced interruptions and raised concerns following the interference with fiber-optic cables mounted on Kenya Power poles around the city.

The CA said that initial inquiries indicated that interference with the internet network was occasioned by the Nairobi City County government’s removal of fiber-optic cables from Kenya Power poles in and around the City central business district.

It further said any “Any interference with the internet infrastructure must comply with established legal and regulatory frameworks.”

The CA stated that local county governments manage land use, but ICT infrastructure falls under national oversight under its ambit.

CA urged restraint from the warring entities and called for respect of public interest, internet connectivity and its impact on Kenya’s digital economy.

The authority further said it was actively pursuing both Kenya Power and Nairobi City County to establish the facts occasioning the internet disruption and further, ensure any enforcement measures follow the due process and national policy.

City Hall condemned

Leaders, from the National Assembly have however strongly condemned the actions by Nairobi City County against Kenya Power over the disputed power bill issue between them.

Elisha Odhiambo, Gem MP, roundly dismissed the unbecoming behavior from the Nairobi City Government and went as far as recommending the dissolution of the Nairobi County government, while proposing that its functions be transferred to the National Government.

Geoffrey Mulanya, Nambale MP,  from the Energy Committee, strongly condemned the City Hall infraction against Kenya Power. He referred to it as an act of “terrorism” and called for the arrest of all those involved. “You mean to tell us that we are negotiating with criminals in this country?

That we should tolerate dissidents who defy the law and retaliate when asked to pay their bills? As a committee, we expected the ministry to ensure the government brings these criminals to justice. Even the governor—arrest him and cut off power to City Hall,” Mulanya weighed in.

What happens when agencies are in conflict?

In civil societies, all entities subject themselves to the dictum of law which assures order and ultimately justice. In barbaric societies, it is every man for himself and indeed the only way to get justice is to mete it out yourself against the perceived enemy.

In civil and democratic societies, each and every conflict should be placed before the scales of justice unless the judiciary. In government policies and procedures are the bloodline of order, service and continuity for all that ever happens.

What would it have cost the Nairobi City County Government to take its displeasure against Kenya Power and file a plea before the courts?

Even better, go for arbitration. An arbitrator is much better suited as cases of one government agency taking another government entity to court is at times a conflict of interest, might interfere with service delivery, and at times contrary to the public and symbiotic public goals.

At the same time, in a functioning democracy, with a vibrant judiciary, regardless of the counter claims against Kenya Power, Nairobi City County government would today be in court for violating The Public Health Act.

Today, the Head of Public Service, Felix Kosgei has been that arbitrator. He called the warring parties to a meeting and they deliberated.

After the session, Mr. Kosgei said “I convened a consultative meeting between the Ministry of Energy and Nairobi City County where a clear way forward was adopted and normalcy restored following the recent service disruptions between Kenya Power and the County.”

Governor Sakaja also came out of the meeting and said that “all hostilities with Kenya Power have ended.” He promised a “joint public statement would be issued clarifying all they had agreed upon.”