Graphic courtesy of Financial Crime Academy

At what point does a dispute stop being about resolution and start being about ego?

If you’ve ever been in an argument where neither side actually listens—where the goal is no longer to solve the problem but to outdo the other person in pettiness—then you already understand the ongoing Kenya Power (KP) vs. Nairobi City County (NCC) saga.

It’s not about bills anymore.

It’s about dominance.

If February 24, 2025, proved anything, it’s that governance in Kenya has a flair for the dramatic. Kenya Power struck first, plunging county operations into darkness by disconnecting electricity to NCC facilities over unpaid bills. In a swift and equally theatrical response, NCC officials grabbed garbage trucks and dumped piles of rotting waste outside Stima Plaza, right at Kenya Power’s doorstep.

Their message?

“If you won’t power us, we’ll make sure you smell us.”

What should have been a structured financial discussion quickly turned into a public display of institutional pettiness.

The result? A country watching two service providers fight like petulant children while pretending to be serious institutions.

And the most embarrassing part?

This isn’t even the first time they’ve done this.

The Endless Game of Tit-for-Tat

This KP vs. NCC saga is a sequel nobody asked for.

Their fight dates back at least 18 years, to 2007, when Kenya Power challenged the county’s authority to impose wayleave fees—payments for using public land for infrastructure.

They lost.

The High Court ruled against Kenya Power, saying they were legally required to pay these fees. But KP, instead of appealing, chose to ignore the ruling altogether.

And so, the dance began.

Every few years, one side provokes the other, and then we all get front-row seats to a governance failure disguised as a standoff.

This time, the numbers fueling the dispute are staggering:

• Kenya Power claims NCC owes them KSh 3 billion in unpaid electricity bills.

• NCC insists KP owes them KSh 4.8 billion in wayleave fees.

And because neither side wants to be the “loser” in this battle of wills, negotiation is abandoned in favor of public humiliation.

The Monopoly Problem

Part of the reason NCC finds itself in this repeated cycle, is the lack of alternatives. Kenya Power remains a monopoly, and Independent Power Producers (IPPs) are not a viable option due to KP’s firm grip on the electricity sector. Even if NCC wanted to switch suppliers, the regulatory and structural barriers in the energy sector make it nearly impossible. KP, knowing this, has little incentive to compromise, as there is no real competition to challenge its dominance.

Meanwhile, NCC continues to find itself in the same predicament, seemingly surprised each time KP cuts them off. But they shouldn’t be. Because the solution to avoiding these crises has been staring them in the face for years.

A Missed Opportunity

NCC has had multiple feasibility studies done on turning the Dandora dumpsite into a Waste-to-Energy (WTE) plant. JICA and other entities have conducted extensive research on the potential of the site, but instead of following through, NCC keeps revisiting the same old disputes with KP.

A well-developed WTE facility at Dandora could generate electricity, reduce the burden of waste management, and make Nairobi less dependent on KP’s monopoly. Yet, despite tenders being issued, the project remains just another untapped opportunity, buried under the weight of bureaucracy and inaction.

Estimates suggest that a properly implemented WTE plant at Dandora could generate up to 60 MW of electricity—enough to power thousands of Nairobi households and key government facilities. But until NCC prioritizes execution over endless studies, that potential will remain unrealized.

The Numbers Game: Who’s Actually to Blame?

I ran a WhatsApp poll on multiple groups to gauge public sentiment – thank you to all who took the time to respond. I deliberately left out the option for “both” because I wanted to encourage a decisive perspective on what is essentially a power struggle. In disputes of this nature, compromise is often elusive, and one party typically gains the upper hand—whether through legal leverage, political influence, or public sentiment. By forcing a choice, the poll provokes a more nuanced consideration of who holds the stronger position or is more likely to prevail in the current context.

The question:

Who is in the wrong in this high-stakes standoff?

Here’s what came back:

• 91% of respondents blamed NCC.

• 9% blamed Kenya Power.

Why?

Because, for most Kenyans, electricity is tangible—it affects their lives directly.
Meanwhile, wayleave fees feel like an abstract bureaucratic dispute, something the average Nairobian neither understands nor feels the immediate impact of.

But there’s something deeper at play here.

People tend to sympathize with institutions that provide services they actually rely on. Electricity powers homes, businesses, and hospitals. Its absence is felt instantly.

Wayleave fees?

That’s an invisible financial obligation. It exists in court documents and municipal ledgers, not in the daily lives of citizens. And in disputes like this, the side that delivers a visible service always has a psychological edge.
Public sympathy, however, does not equal actual accountability.

Because the bigger question remains:

Why, after 18 years, have they not figured out a simple solution like credit notes?

Credit Notes: A Financial Solution That Never Happened

Let’s be real: This entire mess could have been solved with basic accounting.
Organizations like KENAS and KEBS faced similar financial standoffs in 2018. A dispute arose over accreditation fees and service charges, threatening operations.

Instead of resorting to public theatrics, they employed credit notes—a standard financial tool—to reconcile mutual debts.

• Credit notes allowed them to offset what they owed each other, ensuring that neither had to exchange money immediately.

• This preserved cash flow, maintained professional relationships, and ensured continued service delivery.

So why hasn’t KP and NCC done the same?

Because Kenya Power is a publicly listed company.

And that changes everything.

Any adjustment to its financials—especially something like issuing credit notes—would have to be reported transparently to shareholders and financial regulators.

Which means KP’s refusal to pay may not just be stubbornness—it could also be a deliberate attempt to avoid financial scrutiny.

That said, NCC isn’t exactly covered in glory here either.

Because when your response to unpaid bills is to dump trash in the streets, you’ve already lost credibility.

And NEMA agreed.

NEMA’s Response: “Clean It Up.”

The National Environment Management Authority (NEMA) wasted no time in condemning the trash-dumping stunt, calling it a serious environmental violation.

They ordered NCC to remove the garbage immediately and reminded them that public institutions are still subject to environmental laws.

One NEMA official, speaking to The Standard, said:

“Nairobi County has a responsibility to manage waste responsibly. Dumping it as a negotiation tactic is unacceptable.”

Translation?

“Even if you have a point, this is not how adults settle disputes.”

The Pitfalls of “An Eye for an Eye”

When institutions retaliate instead of resolve, nobody wins.

History is littered with examples of how grudge-based governance leads to disaster:

• India-Pakistan’s decades-long rivalry—multiple wars, nuclear standoffs, and millions in poverty because leadership prioritizes retaliation over resolution.

• The U.S. Government Shutdowns—where politicians refuse to fund government operations as a bargaining chip, leaving federal workers unpaid for months.

• The Greek-Turkish Energy Disputes—both countries blocking each other’s access to vital energy resources, leading to economic slowdowns and diplomatic crises.

And yet, here we are, watching Kenya Power and Nairobi City County adopt the same destructive playbook—as if history hasn’t already shown where this leads.

What the Leaders Had to Say

After days of public spectacle, Governor Johnson Sakaja finally stepped in with a press briefing, stating:

“We have agreed that there will be no further disconnections or retaliatory actions. A joint team will be formed to review the financial claims and work out a solution that benefits the people of Nairobi.”

Translation?

• We made a mess. Now we have to clean it up.

• We’re trying to look like adults, but everyone already saw the fight.

On Kenya Power’s side, Acting Managing Director Eng. Rosemary Oduor addressing the issue on 24th February said:

“Kenya Power is committed to resolving this dispute in a manner that ensures service delivery to our customers is not compromised. However, financial obligations must be settled through structured and legal processes, not disruption.”

Fair point.

But refusing to pay legally mandated wayleave fees for 18 years isn’t exactly leadership either.

Final Thought: Leadership That Thrives on Retaliation

If this entire ordeal proves anything, it’s that Kenyan leadership is far too comfortable with pettiness.

Instead of solving problems, they double down on insults. Instead of negotiating, they escalate.

And unless we demand better, this will happen again and again.

Because next time?

It won’t be garbage and power cuts.

It’ll be something worse.

A citywide shutdown.

A crippling transport strike.

A major service collapse—all because two institutions that are supposed to serve the public refuse to act like adults.

And who will suffer most?

Not Kenya Power.

Not Nairobi City County.

But us.

The people caught in the middle. The people who just want functioning services without the sideshow theatrics. The people who, at the end of the day, don’t care who owes what—as long as the lights stay on, the garbage is collected, and governance actually means something.

Because if ego continues to trump accountability, then the biggest failure here isn’t unpaid bills.

It’s leadership itself.

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