Senators, governors fault Kenya Power over disconnections

Senators and governors had a rare convergence of position following the tussle between Nairobi Governor Johnson Sakaja and Kenya Power Company (KPLC).

Four senators said they will be summoning Energy Cabinet Secretary Opiyo Wandayi and KPLC CEO Joseph Siror to explain the “indiscriminate” power disconnection in critical installations across the country on a day governors had complained about how the electricity corporation frustrates provision of essential services in the counties.

Through the Council of Governors, the county leaders accused KPLC of bullying and harassing the devolved units by resorting to abrupt power disconnections with disregard to the impact of such actions.  

In a statement released on Thursday, and signed by CoG chair Ahmed Abdullahi, governors detailed what they termed as historical cases that KPLC has unleashed on counties, just days after Nairobi Governor engaged in a scuffle with the power company.

“The standoff that has been witnessed has merely exposed a fraction of the distress that countless Kenyans and institutions have endured for years due to abrupt disconnections. We condemn these perennial disruptions and call for a structured approach to dispute resolution between KPLC and its consumers, ensuring that essential services are never jeopardised in future,” said Abdullahi.

The governors cited disconnecting power to key county facilities including hospitals, water installations and sewerage services, severely paralyising operations and endangering lives. 

In 2014, CoG said, KPLC disconnected power at Kisumu District Hospital, putting lives at risk.

“The then Director of Health, Dr Ojwang, protested the move, but his pleas were ignored. Operations were disrupted in Kisumu County offices (2019), when KPLC disconnected power,” said  Abdullahi. 

He said Kilifi Civil Registration Office and Mombasa General Hospital had their electricity cut off for several days at different periods in 2023, paralysing delivery of services, and endangering the lives of patients, respectively. 

Homa Bay, Migori and Busia counties, the Wajir Governor highlighted, have also been victims of the actions by KPLC. 

Meanwhile, senators Karungo Thang’wa (Kiambu) Daniel Maanzo (Makueni), Mohammed Chute (Marsabit) and John Methu (Nyandarua) said that KPLC “has caused untold suffering to millions of Kenyans through indiscriminate disconnections over the years”.

“We have noted with concern that Nairobi, Mombasa and Kiambu counties lead in unpaid electricity bills. While we acknowledge the need for counties to settle their obligations, we strongly condemn any move by KPLC to resort to illegal disconnections,” said Thangwa.

Addressing journalists at Parliament buildings, the senators said they have noted with concern the confrontational approach that has been adopted by KPLC towards county governments in total disregard for the principles of devolution whenever seeking to get paid.

Thangwa said that counties such as Mombasa, Kisumu, Homa Bay and Migori have faced indiscriminate power disconnections, terming the Nairobi County case just a microcosm of the wider systemic issues affecting counties across the country, which need to be addressed.

Senator Chute said they will be tabling a motion in Parliament with the intention of ending the monopoly in electricity supply enjoyed by KPLC, which is harassing Kenyans through illegal connections. 

“It is imperative that we establish clear legal mechanisms to prevent arbitrary actions by KPLC in carrying out disconnections and promote a cooperative approach to service delivery. Counties should not have to plead for fairness in their engagements with KPLC,” Chute said.

Maanzo said the rule of law must prevail at all times and all disputes should be handled within the framework of lawful engagement. He called on county governments to adopt cost cutting measures to reduce electricity consumption in street lighting.

“It is utterly unacceptable that KPLC continues to cut off power supply to essential health facilities without due regard for the lives at stake. Patients in critical care relying on life support equipment are left vulnerable while KPLC turns a blind eye,” said Maanzo.

Nyandarua’s Methu said that any affront to devolution will not be left unchallenged and that it was unacceptable for electricity supply in critical infrastructure to be switched off, no matter the circumstances. He said KPLC has been doing this for far too long.

“We have seen KPLC acting with impunity across the country where the state agency disconnects power at will. How will KPLC expect nothing to be done to them yet they do not care about the wellbeing of other agencies and citizens?” Methu wondered. 

According to the CoG chair, KPLC has also faced several complaints from private businesses and individuals who have sued them for inflating consumer bills and occasionally inflating the normal cost without additional usage of power. 

“It is time for KPLC to reflect on its actions, acknowledge the suffering caused by its practices, and work towards a fair, transparent, and predictable billing and disconnection process,” Abdullahi said.

Ironically, Abdullahi said, KPLC owes county governments money in land rates in form of contribution in lieu of rates (CILOR), wayleaves charges, huge water bills and other levies to the tune of billions.

On Thursday, Interior Cabinet Secretary Kipchumba Murkomen added his voice to the saga.

Terming Sakaja’s action as “most primitive and unacceptable”, Murkomen said the police were the first responders. He disclosed that some county staff allegedly involved were arrested and vehicles detained.

“The NPS responded. We didn’t publicize it, but at the very highest level, there was a report made by Kenya Power and that report led to the arrest of some of the officers from Nairobi for questioning. Indeed some lorries were detained at the police stations,” said Murkomen.