Kenya Power on Thursday moved to court to stop City Hall from clamping its premises following a dispute over non-payment of more than Sh 605 million debt for poles and way leave charges.
KPLC sued the Nairobi County government and the Attorney General claiming that City Hall intended to barricade its premises with a truck of garbage just like it did last month for the State broadcaster KBC over a Sh 2.06 billion debt.
Through lawyer Gad Ouma, Kenya Power claimed that if the Nairobi county government proceeds with the intended clamping and impounding of their vehicles, electricity supply to their 4.2 million customers would be largely affected.
In their filed case documents, Mr Ouma said that the company had received a February 18, demand letter from City Hall informing them of the intended clamping should they fail to clear the Sh 605,636,600 debt by February 29.
FAILING TO PAY
The company argue that it is the central government which has the responsibility of making such payments in which they are now accused of failing to pay.
“Unless this matter is certified urgent and heard, it will be rendered useless because the issue at hand will be overtaken by events since deadline has elapsed yet the intended illegal action will cause KPLC immense loss and embarrassment to its customers besides the public,” Mr Ouma said.
According to KPLC, the Nairobi county government barricaded their offices with garbage trucks to enforce this payment in October 12, 2015.
Even though there have been several meetings with the central government aimed at resolving the stalemate, the company blamed City Hall of failing to abide by resolutions passed.
And now they fear that they would enforce their threat for a second time.
They have termed the act as unlawful hence want City Hall stopped from demanding or seeking to enforce the said payment.
They also want the Nairobi County government stopped from trespassing or interfering with their property or premises within the city as well as elsewhere countrywide.
KPLC have also termed the intended barricading of their premise as an imminent threat to their consumer rights, social justice, sustainable development and fair administrative action.
They further want to be declared not liable to settle any debt with the Nairobi County government on account of poles and way leave.