The Council of Governors (CoG) came out in defense of Nairobi County government in the mounting tensions between county governments and the Kenya Power and Lighting Company (KPLC).
This comes in the wake of remarks made by members of the National Assembly regarding the allocation of the Roads Maintenance Levy Fund (RMLF).
The CoG expressed concern about what it termed KPLC’s history of unexpected and unchecked power outages, which have severely disrupted critical county services.
According to the CoG, over the last decade, KPLC has repeatedly cut power to critical public institutions such as hospitals, water installations, and sewerage services.
“KPLC’s continued disconnection of power to critical institutions has not only paralyzed operations but has also endangered lives. This practice is unacceptable and must stop immediately,” the statement read.
CoG said Kisumu District Hospital experienced a power outage in 2014, jeopardizing patient care, despite protests from the then-Director of Health, Dr. Ojwang.
In March 2023, Mombasa General Hospital went several days without power, posing serious risks to patients.
Homa Bay Town’s water intake services were disrupted in 2023 when a KPLC disconnection left residents without water for several days.
Similarly, in September 2023, thousands of patients in Migori County facilities were left vulnerable due to power outages.
Aside from public institutions, the CoG stated that private individuals and businesses have also suffered from high bills and a lack of compensation for wayleaves.
“Despite owing county governments billions in land rates, wayleaves charges, and water bills, KPLC has continued to disregard legal provisions and the principles of intergovernmental cooperation,” the statement added.
CoG condemned KPLC’s continued disregard for legal provisions, including Section 57 of the Physical and Land Use Planning Act 2019, which mandates development permissions from county authorities.
The CoG called for a structured and collaborative approach to dispute resolution, urging KPLC to utilize existing intergovernmental mechanisms to settle debts and avoid jeopardizing essential services in the future.
Separately, governor Abdullswamad Sherrif Nassir supported his Nairobi counterpart Sakaja in the standoff with Kenya Power over pending bills.
“The County Government of Mombasa stands in full support of our brother, the Governor of Nairobi City County, H.E. Johnson Sakaja, in his efforts to safeguard county revenues and uphold the constitutional and legal framework that governs the relationship between county governments and entities operating within their jurisdictions.”
“It is a matter of great concern that Kenya Power, a state corporation entrusted with the vital mandate of electricity distribution, has chosen to blatantly disregard the constitutional and statutory authority of city counties by refusing to remit wayleave fees for its use of public land and infrastructure,” he said.
He said the refusal is not just an affront to county governments but an outright act of aiding and abetting tax evasion, which is not only a criminal offense but also a direct attack on devolution.
He said county governments are responsible for county roads, street lighting, electricity reticulation, and land use planning.
He said wayleaves, servitudes, and easements on county land fall squarely under the jurisdiction of county governments.
“It is, therefore, unlawful and unconstitutional for Kenya Power or any
other entity to occupy and exploit county resources without compensating the people through their duly elected county governments.”
He said it is shocking to note that Kenya Power not only refuses to remit wayleave fees to county governments but is actively profiting from subletting these wayleaves to private companies.
“Telecommunications firms, including fiber optic companies, are being charged substantial fees by Kenya Power for using these wayleaves – revenue that rightly belongs to county governments.”
“This means that while counties struggle to maintain roads, drainage systems, and public utilities that host these wayleaves, Kenya Power is enriching itself by charging private entities for access to public
infrastructure without remitting any of these funds to the counties,” he said.
He said by refusing to pay wayleave fees and simultaneously collecting revenue from private firms using public infrastructure, Kenya Power is engaging in financial exploitation and actively undermining the
principles of devolution, as enshrined in Article 174 of the Constitution.
“Devolution was designed to empower county governments to generate their own revenue and provide services to their people.”
In response to the National Assembly’s remarks on RMLF allocation, the CoG described them as unpatriotic and disrespectful of the constitutional mandate that assigns road functions to both national and county governments.
“It is disheartening to hear members of the National Assembly undermine the role of county governments in road maintenance, despite counties managing the bulk of Kenya’s road network,” the statement said.
The CoG highlighted that county governments manage and maintain the majority of Kenya’s road network.
According to a Kenya Roads Board survey from 2024, counties have developed and maintained 5,400 km of tarmacked roads and graveled over 76,000 km of roads, managing a total of 182,832 km of the country’s 239,122 km road network.
The Council chastised the National Assembly for delaying the passage of the County Governments Additional Allocations Act 2024/25, denying Kenyans essential services.
“We call upon the National Assembly to prioritize legislation that aligns with the Constitution and ensures equitable distribution of resources,” the statement urged.
They also called for amendments to the Roads Act, 2007, to reflect the Cabinet’s resolution to merge the Kenya Rural Roads Authority (KeRRA) and the Kenya Urban Roads Authority (KURA).
The CoG urged all stakeholders, including the Senate, civil society groups, county governments, and the public, to hold the National Assembly accountable and ensure counties receive their fair share of the RMLF.
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