Two fighting after dumping of the waste in the city

By Sean Ngirichi

editor@themountainjournal.co.ke

The row between Kenya Power  and Nairobi County Government has taken a new twist after the courts ruled out the possibility of a mediation.

The KP  won the first round of the   landmark battle against Nairobi County and Nairobi City Water and Sewerage Company that tonnes of garbage were in April dumped outside its premise.

Justice Ann Omollo dismissed the county government’s prayer to strike out the case lodged by the KP, which is seeking compensation for sewage dumped on its offices and water disconnection following a row over electricity and land rates.

"Thus, after my analysis of the grounds offered in support of and against the preliminary objection together with the relevant law referenced, I hold that it lacks merit and it is dismissed with costs in the cause,” ruled Justice Omollo.

The county applied the matters to be allowed to proceed to the mediation.

 The court ruled that sections of law that the county relied on did not limit dispute resolution to Alternative Dispute Resolution (ADR) before getting to court.

The Judge noted that although the water tribunal could manage disputes over water resources, it possessed no authority to determine that the county had infringed upon a right to a safe and clean environment..

 It was observed that it was unclear why NWSC disconnected the power company’s water and sewer system.

In this case, the county asserted that since KPLC was a government entity and it was a devolved unit of government, the issue ought to have been settled outside the court.