Director of Public Prosecutions (DPP) has directed the Directorate of Criminal Investigations (DCI) to investigate the dumping of waste at Kenya Power offices by the Nairobi County Government officers as the government said all those involved would be charged.

Interior Cabinet Minister Kipchumba Murkomen while condemning the incident, said police have commenced investigations and all those found culpable would be prosecuted.

The Deputy DPP Jacinta Nyamosi said the matter was serious and required immediate legal action, adding that the DCI should liaise with relevant public health, environment, and sanitation agencies in the probe and submit a report within seven days.

Multiple repercussions

“Left unchecked, the issue may snowball into a serious health hazard that might have multiple repercussions not only to the area of concern but the capital. It is, therefore, prudent that investigations are commenced into the genesis of this matter for a viable solution to be achieved,” she said.

According to the DPP, the matter has sparked public concern and could escalate into a serious health hazard if not addressed emphasizing the need for swift action to establish the facts and determine a sustainable solution.

On his part, Murkomen termed the incident as ‘most primitive and unacceptable’, noting that it is a matter that has united Kenyans in calling out the uncouth acts on the part of the county officials.

He disclosed that the National Police Service (NPS) was seized of the matter from day one when Kenya Power lodged a complaint.

“The NPS responded. We didn’t publicize it, but at the very highest level, there was a report made by KP 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.

He promised to give a detailed report to Parliament, noting that when the matter was raised in the National Assembly by the time of debate, the ministry had not filed its report.

Detailed report

He said the ministry through the NPS will prepare a detailed report. He warned that the action of the county officials amounts to a ‘criminal gangsterism’.

“That’s not how government works. A government cannot operate like a criminal gang, and expect its citizens to obey the law. We are going to take action.  We regret that it happened and the persons who planned and executed this are charged in a court of law,” he promised.

“That was the most primitive thing one can do. We condemn that behaviour in the highest terms possible,” said Murkomen.

Kenya Power disconnected electricity to several Nairobi County offices on February 14, over an unpaid bill of Sh3 billion.

In an apparent revenge, the county government took drastic measures, including dumping garbage outside KP headquarters, blocking sewer lines, and cutting off water supply to its buildings.

On Wednesday Nairobi Governor Johnson Sakaja regretted how the county handled the matter, particularly the enforcement officers’ actions who saw county trucks offload garbage at the 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.

The Council of Governors has instead accused Kenya Power saying abrupt disconnection of power to critical County institutions, including hospitals, water installations and sewerage services severely disrupts operations and endanger lives. The CoG yesterday said they had noted with great concern the ongoing impasse between Nairobi County and KP adding that the power distribution firm had for many years wielded unchecked powers and would always play victim when roles are 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, KP has wielded unchecked power over counties and other entities, often resorting to abrupt power disconnections without due process or consideration and regard of the broader impact,” the CoG chair Ahmed Abdullahi said.

Historical cases

Abdullahi warned that the selective application of authority raises serious concerns about fairness and accountability. He highlighted some of the historical cases of power disconnections to county facilities including the Kisumu District Hospital in 2014, Kisumu County offices in 2019, Kilifi Civil Registration Office in July 2023)

“The Kilifi facility, which serves over 300 people daily, remained without power for two weeks due to a KPLC disconnection,” the chair said.

Other disconnections are Mombasa General Hospital in March 2023 which endangered the lives of many people; the Homa Bay Town Water Intake in 2023, Migori County facilities in September 2023, Busia County on various occasions

The CoG also said the Kenya Power actions have not only affected counties but also private individuals and businesses.

In 2018, a Nairobi resident sued KP for billing him Sh616,000 for two months, despite being away from home during that period. The same year, the High Court barred KP from inflating consumer bills following a petition by lawyer Apollo Mboya.

In another case in 2021, a hotel sued Kenya Power after its monthly electricity bill jumped from Sh30,000 to Sh2.6 million.

“In 2023, the World Bank faulted KPLC for failing to compensate landowners for wayleaves, despite using their private and community land,” CoG said. Abdullahi added: “Despite all these, KP owes County Governments land rates in form of contribution in lieu of rates (CILOR), wayleaves charges, huge water bills and other levies to the tune of Billions since the inception of Devolution.”

The CoG accused the power provider of continuing to disregard the advisory from the Attorney General and the provisions of Section 57 of the Physical and Land Use Planning Act 2019.