Nairobi City County Government has been ordered by the National Environment Management Authority (NEMA) to immediately clear the heaps of garbage dumped at Kenya Power’s Stima Plaza on Monday.
NEMA’s Enforcement Director, Dr. Ayub Macharia, condemned the act as unlawful and a serious health hazard to residents in the area.
The Authority warned that failure to comply with the directive would result in legal consequences.
The notice comes amid a long-standing dispute between Nairobi County and the Kenya Power and Lighting Company (KPLC) over billions of shillings in unpaid wayleave fees.
The county has accused KPLC of failing to honour its financial obligations, leading to rising tensions between the two entities.
According to Nairobi County Secretary Godfrey Akumali, KPLC owes the county approximately Ksh 4.8 billion in annual wayleave fees, which apply to all service providers using public land and infrastructure.
He stated that despite repeated demands for payment since 2002, KPLC has not settled its debt. Citing Legal Notice No. 4894 of 2001, Akumali emphasized that Kenya Power is not exempt from paying wayleave charges.
“The law is clear on wayleave charges, and KPLC is not exempt. They cannot continue ignoring their financial obligations while generating revenue from our infrastructure,” Akumali said.
The dispute dates back to 2007 when KPLC petitioned the High Court to overturn the county’s authority to impose wayleave fees. While the High Court ruled against KPLC, the company successfully secured a stay on the decision in 2017.
However, the county claims that KPLC has yet to file an actual appeal, leaving the matter unresolved and further complicating the standoff.
County officials have accused KPLC of applying double standards by aggressively enforcing payments from customers while failing to pay its dues.
They argue that the company has continued to benefit from public infrastructure without fulfilling its financial obligations.
Beyond the issue of wayleave fees, the county has also raised concerns over KPLC’s leasing of utility poles to internet service providers (ISPs).
Investigations reveal that KPLC has lease agreements with major telecom companies, including Liquid Intelligent Technologies, Telkom Kenya and Safaricom, for fibre-optic installations on its transmission lines.
The county alleges that KPLC has been charging ISPs for access to infrastructure located on county land while refusing to pay wayleave fees.
“This is a clear case of double standards. KPLC cannot charge third parties for access to county land while refusing to pay its dues,” a senior county official, who requested anonymity, said.
In response to KPLC’s alleged failure to pay its debts, Nairobi County officials have threatened further action. Akumali stated that services such as garbage collection would only resume once Kenya Power clears its dues.
“We need money to provide essential services. We will clear the garbage once KPLC pays what they owe us,” he said.
Meanwhile, the county acknowledges that it has an outstanding electricity bill of approximately Ksh 113 million owed to KPLC, with about 85 per cent of this amount attributed to public lighting.
Officials insist that payments are being made gradually, but they maintain that the unpaid wayleave fees, significantly higher than the county’s electricity bill, remain the primary issue.
Further complicating the dispute, KPLC also owes the county Ksh 17 million in unpaid land rates for its infrastructure within Nairobi. County officials argue that while KPLC continues to demand payments, it must also recognize its financial obligations.
“As much as KPLC demands its dues, it must also acknowledge its financial obligations to the county. We have been patient, but we will not hesitate to take necessary measures to recover what is owed to us,” Akumali warned.
