Kenya Power Blocked from Cutting Hospitals over County Debts

In Short

Kenya Power has been barred from disconnecting electricity to essential county government facilities over unpaid bills.

What Happened

A Kenyan High Court ruling has limited when Kenya Power can cut electricity to essential county facilities like hospitals, fire stations, mortuaries, and other critical public services.

The court said Kenya Power must first report outstanding county electricity bills to the National Treasury. It must also follow intergovernmental dispute resolution processes, and give 30 days written and public notice before any disconnection.

The decision follows a high-profile dispute that flared on February 14, 2025, when Kenya Power disconnected power to several Nairobi County offices over alleged unpaid bills. Electricity was later restored after mediation.

The case was filed by a public interest petitioner, Charles Waithaka Rubia. The respondents included the Energy Cabinet Secretary and the Attorney-General, while Nairobi County and the Council of Governors were listed as interested parties.

In the dispute, Nairobi County claimed Kenya Power owed it KSh 4.8 billion in wayleave fees, which are charges paid for using public land corridors to run power lines. Kenya Power said the county owed about KSh 3 billion in electricity bills, and the county disputed the figure.

Kenya Power argued it is a listed company and not bound by constitutional rules that require government entities to cooperate and resolve disputes first. The court rejected that argument, noting government control of 50.1 percent of the company’s shares and influence over its board.

Why It Matters

For counties, the ruling reduces the risk of sudden power cuts that can halt clinical services, emergency response, and sanitation operations.

For Kenya Power, it raises the compliance bar. The utility must use Treasury reporting, formal dispute resolution, and clear public notice before taking enforcement action.

The broader takeaway is that billing disputes between public bodies are being treated as intergovernmental disputes, even when a service provider is structured as a publicly listed company. That could shape how other essential infrastructure providers handle public sector arrears in Kenya.