The High Court of Kenya has temporarily halted proceeding with the procurement of a 132kV Kipevu-Mbaraki line project in Mombasa. The conservatory blocked the US $14M power infrastructure tender issued by Kenya Power, pending the determination of a legal dispute over which state agency is legally mandated to manage the project.
The tender, advertised last week, covers the design, supply, installation, and commissioning of the power line. However, in an order issued on January 30, 2026, the court prohibited Kenya Power from receiving, evaluating, or processing bids until the matter is fully heard. The ruling will remain in force pending an inter-partes hearing, with further directions scheduled for February 17.
The case was filed by the Centre for Litigation Trust, a civil society organisation, which argues that the 132kV line qualifies as high-voltage transmission infrastructure and therefore falls under the exclusive mandate of the Kenya Electricity Transmission Company (KETRACO). The petitioner contends that Kenya Power’s statutory role is limited to mid- and low-voltage electricity distribution, including last-mile connections to homes and businesses.
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Kipevu-Mbaraki line project
In an affidavit, the NGO’s director, Julius Ogogoh, stated that existing laws clearly separate the responsibilities of transmission and distribution entities in Kenya’s energy sector. He argued that Kenya Power acted outside its legal authority and described the tender as invalid from the outset. Ogogoh further criticised KETRACO for failing to assert its mandate, saying institutional silence cannot legitimise an unlawful procurement process.
The suit also names the Energy and Petroleum Regulatory Authority (EPRA) and the Ministry of Energy as respondents, accusing them of failing to provide regulatory clarity and oversight. According to the petitioner, the lack of intervention by sector regulators risks undermining governance standards and creating confusion over agency roles.
The dispute highlights broader structural tensions within Kenya’s power sector, where KETRACO is responsible for developing and managing high-voltage transmission lines used to transport bulk electricity, while Kenya Power focuses on distribution and retail supply. The classification of 132kV infrastructure has become a central point of contention in determining institutional responsibility.
The suspended project is intended to reinforce Mombasa’s electricity network at a time of rising demand driven by population growth and expanding economic activity. The coastal region has faced pressure on its ageing power infrastructure, with persistent concerns over outages and supply quality. Any prolonged delay could slow planned improvements to grid reliability.
The court’s eventual ruling could have far-reaching implications for procurement practices in the energy sector, potentially reinforcing a stricter separation between transmission and distribution functions and setting a precedent for how similar projects are handled in future.
