The Nairobi government seeks to block the Kenya Power and Lighting Company from disconnecting electricity to hospitals and schools under the county over Sh732 million bills.
The KPLC had threatened to disconnect power at City Hall Annex, Pumwani Hospital, Mama Lucy Hospital, primary and nursery schools under the county, county depots and street light pillars.
Court documents say the money was owed to the now-defunct city council and the county believes it should be paid by the national government.
“The petitioner [county government] should not be penalised by the respondent [KPLC] for liabilities not transferred to the Nairobi government but are the responsibility of the national government,” the county said.
It said if the courts don’t act swiftly and stop the disconnection, this will cause untold suffering to millions of residents who rely on the hospitals.
The county said disconnection may cause mayhem in the hospitals and lead to far-reaching consequences, which might cause deaths.
To safeguard its interests, the county said the High Court should protect the law and avoid total service disruption and disorganisation in the city to preserve the rights to health and life of millions.
The court was told if electricity connection to schools is disrupted, this will deny students their right to education, contrary to the provisions of the Constitution guaranteeing such rights.
KPLC’s planned action also threatens healthcare for the majority of city residents who rely on the two hospitals.
“It is in the interest of justice that the court protects the sanctity of lives of patients, who rely on and urgently require the services of the health facilities threatened with electricity disconnection,” the county said.