City Hall fails to stop suit by Kenya Power over dumping of garbage at Stima Plaza
Nairobi County argued that the matters before the court were intergovernmental as they arose from actions taken by both KPLC and the count
The Environment and Lands Court in Nairobi has declined an application by the Nairobi City County Government andthe Nairobi Water and Sewerage Company (NWSC) to amicably solve a dispute with Kenya Power and Lighting Company (KPLC) over the dumping of garbage outside Stima Plaza early this year and disconnecting water and sewerage systems at their offices across the county.
In her ruling, Justice Anne Omollo stated that Article 189 of the constitution encourages alternative dispute resolution, but it does not strip the court of its authority to hear cases.
“The existence of alternative dispute resolution mechanisms does not automatically oust the jurisdiction of this court to hear petitions alleging violations of the Bill of Rights. Parties alleging want of jurisdiction must demonstrate the adequacy of the alternative mechanism, and which, in my view, and I so hold, a basis was not laid,” Omollo ruled.
The Governor Johnson Sakaja-led administration, jointly with NWSC, wanted the Environment Court to refer the Suit by KPLC to a water tribunal or the Intergovernmental Relations Council for mediation between the two entities.
City Hall had argued that the matters before the court were intergovernmental as they arose from actions taken by both KPLC and the county.
The judge, however, found the argument by City Hall weak, saying no sufficient explanation had been given as to why water and sewer services were disconnected from Kenya Power premises.
The row between the devolved unit and KPLC erupted after Kenya Power disconnected electricity at City Hall over an unpaid bill of Sh1.6 billion.
The county government responded by cutting water supply and sewer lines at Stima Plaza and their offices across the county over a separate Sh4.8 billion debt in wayleave charges.
The devolved unit further dumped heaps of garbage at Stima Plaza and blocked its entrance using waste trucks, as they also clamped their vehicles and those of their staff, prompting Kenya Power to seek legal intervention.
The firm told the court that the garbage blockade paralyzed operations, affecting its workers, as well as other tenants, including clinics, banks, law firms, and insurance companies.
In their objection, the county and water company maintained that the matter should have been resolved outside the court.
Days after the mess, Sakaja apologised and removed the garbage after an intervention by the Head of Public Service, Felix Koskei, who held a meeting with the two entities.
