The Director of Public Prosecutions (DPP) has directed the Directorate of Criminal Investigations (DCI) to investigate the dumping of waste at Kenya Power premises by Nairobi County Government officers.
This directive comes as the Council of Governors (CoG) intensifies criticism of Kenya Power, accusing its management of high-handedness in disconnecting electricity to critical county facilities. The governors are now calling on the National Government and Parliament to introduce measures to ensure the power agency operates with accountability and transparency.
Deputy DPP Jacinta Nyamosi underscored the gravity of the matter, stating that the DCI should collaborate with public health, environmental, and sanitation agencies in the investigation. She instructed that a report be submitted within seven days.
- “Left unchecked, the issue may snowball into a serious health hazard with multiple repercussions, not only for the affected area but for the capital as a whole. It is, therefore, prudent that investigations commence immediately to establish the genesis of this matter and achieve a viable solution,” she said.
According to the DPP, the incident has raised public concern and could escalate into a major health crisis if not addressed, emphasising the urgency of swift legal intervention.
Kenya Power Speaks Out
Kenya Power’s General Manager, ICT, Robert Mugo, welcomed the DPP’s intervention in the escalating feud between the Nairobi County Government and the utility provider. Speaking in Mombasa at the Digital Transformation Public Sector Forum and Awards (DTPS) 2025, Mugo criticised the county’s retaliatory actions following the disconnection of power to its offices over an unpaid bill of Ksh 3 billion.
“We have one of our biggest clients refusing to pay bills, and when we disconnect supply, as we do with everyone, they retaliate by dumping waste at our offices, disrupting operations. That cannot be tolerated, and we appreciate the DPP’s intervention,” he said.
On 14 February, Kenya Power disconnected electricity to several Nairobi County offices due to the outstanding bill. In apparent retaliation, the county government resorted to drastic measures, including dumping garbage outside Kenya Power headquarters, blocking sewer lines, and cutting off the water supply to the utility’s buildings. National Assembly Speaker Moses Wetang’ula has since directed the Committee on Administration and Security to summon Inspector General Douglas Kanja over the matter.
Governor Sakaja Regrets Incident
On Wednesday, Nairobi Governor Johnson Sakaja distanced himself from the county officers’ actions, acknowledging that enforcement officers had dumped garbage at Kenya Power premises and temporarily cut off the water supply. “It was, of course, unfortunate that one of the trucks tipped garbage. That was not the intention,” he said.
Governors Accuse Kenya Power of Unchecked Authority
Meanwhile, the Council of Governors has accused Kenya Power of wielding unchecked authority, citing instances where the power provider disconnected electricity to critical county facilities, including hospitals, water installations, and sewerage services, severely disrupting operations and endangering lives.
CoG Chair Ahmed Abdullahi noted with concern the ongoing standoff, arguing that Kenya Power had, for years, acted without accountability while portraying itself as a victim when roles were reversed.
“While it is unfortunate that the situation has escalated to this extent, it is crucial to highlight a long-standing issue. For over a decade, Kenya Power has wielded unchecked power over counties and other entities, frequently resorting to abrupt disconnections without due process or consideration of the broader impact,” he said.
Abdullahi cited previous instances of abrupt disconnections, including:
- Kisumu District Hospital (2014)
- Kisumu County Offices (2019)
- Kilifi Civil Registration Office (July 2023) – where the facility, serving over 300 people daily, remained without power for two weeks.
- Mombasa General Hospital (March 2023) – where a power cut endangered lives.
- Homa Bay Town Water Intake (2023)
- Migori County Facilities (September 2023)
- Busia County Facilities (multiple occasions)
The governors further alleged that Kenya Power’s actions extend beyond county institutions, affecting private individuals and businesses.
In 2018, a Nairobi resident sued the utility company after being billed Ksh 616,000 for two months, despite being away from home during that period. The same year, the High Court barred Kenya Power from inflating consumer bills following a petition by lawyer Apollo Mboya. In 2021, a hotel sued Kenya Power after its monthly electricity bill jumped from Ksh 30,000 to Ksh 2.6 million without explanation.
In 2023, the World Bank faulted Kenya Power for failing to compensate landowners for wayleaves, despite using private and community land.
Counties Demand Fair Treatment
Despite these complaints, Abdullahi noted that Kenya Power owes county governments billions of shillings in unpaid land rates, wayleave charges, water bills, and other levies dating back to the inception of devolution. The CoG accused Kenya Power of disregarding advisories from the Attorney General and Section 57 of the Physical and Land Use Planning Act 2019, which stipulates that no development should occur within a county without approval from the respective County Executive Committee Member in charge of Land Use Planning.
According to the CoG, the recent dispute highlights only a fraction of the distress many Kenyans and institutions endure due to Kenya Power’s abrupt disconnections. “We condemn these perennial disruptions and call for a structured approach to dispute resolution between Kenya Power and its consumers, ensuring that essential services are never jeopardised in the future,” Abdullahi said.
He added: “It is time for Kenya Power to reflect on its actions, acknowledge the suffering caused by its practices, and work towards a fair, transparent, and predictable billing and disconnection process.”
The CoG further urged Kenya Power to engage intergovernmental mechanisms to resolve disputes with county governments, including settling outstanding debts amicably.
