High Court Blocks Kenya Power From Disconnecting County Essential Services

AUTHOR: STRAMLINE FEED OFFICIAL

DATE: 19/08/2026

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The High Court ruling explicitly mandates that the state utility must report county debts through formal intergovernmental dispute mechanisms—such as the Summit or the Council of Governors—rather than unilaterally crippling critical infrastructure. By legally shielding these facilities, the court has prioritized public health and safety over corporate debt recovery.

Kenya Power, however, fiercely contested the court’s authority to intervene. The utility firm filed a preliminary objection demanding the petition’s immediate dismissal. Relying on the Energy Act of 2019 and the Energy (Complaints and Disputes Resolution) Regulations, KPLC’s legal team argued that the High Court lacks the necessary jurisdiction, insisting that such billing and supply disputes must first be arbitrated by the Energy and Petroleum Regulatory Authority (EPRA) or a specialized tribunal.

Despite this technical objection, the petitioner countered that the threat to constitutional rights—specifically the right to healthcare, clean water, and security—elevates the dispute beyond mere commercial arbitration, placing it squarely within the High Court’s human rights mandate.

The Threat to Public Safety

The implications of unmitigated power disconnections are severe. County hospitals, many of which lack reliable backup generator capacity, rely heavily on grid power to maintain cold chain storage for vaccines, operate surgical theaters, and run life-saving neonatal incubators. Similarly, disabling water pumping stations immediately precipitates a sanitation crisis in densely populated urban centers, triggering outbreaks of waterborne diseases.

The Cabinet Secretary for Energy and Petroleum has previously raised concerns over KPLC’s heavy-handed tactics, warning that indiscriminate disconnections breed public resentment and jeopardize the operational continuity of the state.

Intergovernmental Fiscal Strain

The KES 5.6 billion debt illuminates the broader, systemic fiscal dysfunction plaguing Kenya’s devolved system. Counties consistently point to the delayed disbursement of the equitable share of revenue from the National Treasury as the primary reason for their failure to honor utility bills and supplier contracts. For international observers, this mirrors the municipal debt crises frequently seen in South Africa and Nigeria, where local governments, starved of timely federal funding, default on critical bulk utility payments.

As the High Court prepares to render a final verdict on KPLC’s jurisdictional objection, the conservatory orders grant the county governments a vital, temporary reprieve. However, the underlying financial rot remains untreated. Until the National Treasury streamlines county disbursements, the delicate balance between keeping the nation’s hospitals powered and keeping Kenya Power financially solvent will remain perpetually unstable.

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