The dispute between Nairobi City County (NCCG) and utility company Kenya Power is a stark illustration of the fragility of critical infrastructure in Kenya, laid bare by governance failures and a blatant disregard for the rule of law.
What began as a financial dispute over unpaid bills escalated into a chaotic display of power, resulting in widespread disruption and a chilling precedent for the nation.
Kenya Power alleges Nairobi County owes KES 3.1 billion in unpaid electricity bills. At the same time, Nairobi County counterclaims that Kenya Power owes KES 4.83 billion in wayleave fees.
Breakdown of Governance
- Impunity and Lawlessness: The NCCG’s actions—cutting fibre optic cables, dumping garbage at Kenya Power’s headquarters, and blocking access—demonstrate a shocking level of impunity. These actions, as highlighted by tech community, KICTANet mailing List members like Mutheu Khimulu, a Legal Specialist in Cyber Security, Dr Grace Githaiga CEO of KICTANet, and Alex Watila, an Information Systems Specialist, blatantly disregard existing laws, including the Computer Misuse and Cybercrimes Act (2018) and the proposed Protection of Critical Infrastructure Bill, 2024.
- Dysfunctional Dispute Resolution: The fact that a financial dispute between two public entities could lead to such drastic measures points to a severe breakdown in dispute resolution mechanisms. The need for “binding arbitration for government disputes,” as suggested by Khimuli, is critical. “This is not just a financial dispute—it’s a governance failure that places Kenya’s digital future at risk. Public services should NEVER be used as bargaining chips. Cybersecurity starts with responsible governance.”
- Weak Enforcement: While the Communications Authority (CA) and the National Computer and Cybercrimes Coordination Committee (NC4) have designated fibre optic cables as critical infrastructure, the lack of effective enforcement mechanisms, as noted by Dr Grace Githaiga, renders these designations largely symbolic. “We need to interrogate the enforcement measures to identify if there are gaps. Otherwise, this is bound to happen again and will affect many of us who rely heavily on the internet to do our work.”
- EACC’s Ineffectiveness: Regarding the Ethics and Anti-Corruption Commission’s (EACC) impotence further highlights the issue of corruption and impunity. The question of “Who will save the ordinary Kenyans from the ogre of corruption that is at large?” is a valid one.
The Impact on Critical Infrastructure
- Digital Economy Disruption: The cutting of fibre optic cables severely impacts the digital economy, disrupting internet access for businesses, schools, and homes. This underscores the critical role of ICT infrastructure in modern society.
- Cybersecurity Threats: As Mutheu points out, disrupting ICT infrastructure compromises digital security and creates vulnerabilities for cyberattacks.
- Precedent for Chaos: The NCCG’s actions set a dangerous precedent, suggesting that public services can be weaponized in financial disputes. This raises concerns about the potential for similar disruptions in other essential services, such as water and healthcare.
- Damage to investor confidence: These actions damage investor confidence in the country and in the city’s ability to properly manage its infrastructure.
Call to Action
- Strict Legal Accountability: Public officials involved in the disruption of critical infrastructure must be held accountable under the full force of the law. This includes investigations and prosecutions under the Computer Misuse and Cybercrimes Act (2018) and any relevant provisions of the proposed Protection of Critical Infrastructure Bill, 2024. As Eng, Daniel Obam stated, “Someone from the Nairobi City Country should face the full force of the law for this short-sighted and terrible cybercrime act.”
- Strengthened Enforcement Mechanisms: The Communications Authority (CA) and NC4 must develop and implement robust enforcement mechanisms to protect critical infrastructure from vandalism and disruption.
- Establish Binding Arbitration: A clear and efficient mechanism for binding arbitration must be established for disputes between government entities to prevent such escalations in the future.
- National ICT Security Protocol: The CA must develop a national ICT security protocol with rapid-response mechanisms to prevent and mitigate disruptions to critical ICT infrastructure.
- EACC Reform and Empowerment: The EACC must be empowered to effectively investigate and prosecute corruption cases, restoring public trust in its ability to uphold the rule of law.
- Leadership Accountability: As Alloys Siaya said, “If the top leadership doesn’t crack the whip on this one, the musical chairs will, inevitably, continue.” There needs to be clear leadership accountability for these failures.
- Transparency and Public Disclosure: All agreements and resolutions between NCCG and Kenya Power, including debt repayment plans and service restoration measures, should be made transparent and accessible to the public.
The resolutions reached by the Head of Public Service, Felix Kosgei are a welcome step but must be accompanied by concrete actions to address the underlying governance failures that led to this crisis. Only then can Kenya ensure the protection of its critical infrastructure and safeguard its digital future.
Our sincere appreciation goes to Ms. Mutheu Khimulu, Dr. Grace Githaiga, Eng. Daniel Obam, Mr. Alex Watila, Mr. Alloys Siaya, Mr. Amos Ojiambo, Ms. Anne Gathirwa, Mr. Sidney Ochieng, and Mr. Gibson Maina for their invaluable insights and active participation in addressing this issue.
