Nairobi county has lost a bid to bar Kenya Power from disconnecting electricity supply at key city institutions over an outstanding Sh732 million debt.
Mike Sonko’s administration wanted the court to block the company from disconnecting electricity supply to hospitals and schools under it.
The county owes the supplier over Sh723,017,002.
Justice John Mativo, however, said issuing such an order against Kenya Power would amount to stopping a lawful process.
The judge said the county failed to demonstrate that it was under no obligation to pay the debt and did not offer any evidence to demonstrate that Kenya Power’s demand was illegal.
“Upon analysing the material before court and upon considering the argument advanced by both parties, I find the petition has not established any basis for this court to grant any of the orders sought,” the judge said.
Sonko had told court that threats by the company to cut power in the county’s major facilities would cause it to suffer irreparable losses.
Former County Secretary Robert Ayisi, in support of the suit, had indicated that the move was in bad faith and that Kenya Power was using a defunct local government law to seek payment.
Among the facilities Kenya POwer indicated in a notice include City Hall Annex, Pumwani Hospital, Mama Lucy Hospital, as well as schools run by the county government, and street lights.
The county had asked the court to declare that it was not a body entitled to pay the outstanding electricity bills.
In addition, the county argued that the demand was illegal.
While dismissing the case, Justice Mativo said the law permits Kenya Power to not demand charges for electricity supply and disconnect supply.
The judge said the supplier did not commit any illegal act by demanding payment from the county.
“The upshot of this order is that this petition fails in its entirety. It is dismissed with costs,” the judge said.