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Post Reply: High Court Temporarily Halts Kenya Power's Sh1.86 Billion Mombasa Power Line Tender Amid Jurisdiction Dispute with KETRACO

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on January 30, 2026, 7:10 am</div><div id="pl-8811" class="panel-layout">
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<p dir="auto">The High Court has issued a conservatory order stopping Kenya Power from proceeding with a Sh1.86 billion tender for the design, supply, installation, and commissioning of a 132kV power line between Kipevu and Mbaraki in Mombasa.</p>
<p dir="auto">The tender, which was advertised last week, has now been paused pending the resolution of a legal challenge that questions which state agency holds the mandate for the project. The court order, granted on January 30, 2026, prohibits Kenya Power from entertaining, processing, or receiving any bids related to the procurement.</p>
<p dir="auto">The case was brought by the Centre for Litigation Trust, an NGO, through its director Julius Ogogoh. The petitioner argues that the 132kV line qualifies as a high-voltage transmission project, which falls under the exclusive responsibility of the Kenya Electricity Transmission Company (KETRACO). According to the challenge, Kenya Power's role is limited to mid- and low-voltage distribution networks that connect homes and businesses to electricity. By pursuing the tender, Kenya Power is alleged to have overstepped its legal mandate.</p>
<p dir="auto">The suit names Kenya Power as the first respondent, with KETRACO, the Energy and Petroleum Regulatory Authority (EPRA), and the Ministry of Energy listed as additional respondents. The petitioner has criticized EPRA and the Ministry for failing to provide proper regulatory oversight and clarify agency roles in the energy sector.</p>
<p dir="auto">The court directed that the halt remain in place until an inter-partes hearing determines the full motion application. Further directions in the matter are scheduled for February 17, 2026.</p>
<p dir="auto">This development centers on a broader debate over the division of responsibilities in Kenya's power sector. KETRACO focuses on upgrading and managing the high-voltage transmission network to move bulk electricity across the country, while Kenya Power handles distribution and last-mile connections. The 132kV classification has become contentious, as the petitioner insists it aligns with transmission duties rather than distribution.</p>
<p dir="auto">The project aims to strengthen Mombasa's electricity infrastructure amid rising demand driven by population growth and economic activities. The existing system, described as ageing, has faced challenges in maintaining reliable supply and quality. A delay in this tender could prolong efforts to address frequent outages and improve overall grid performance in the region.</p>
<p dir="auto">The ruling highlights ongoing concerns about potential confusion in agency mandates, risks of improper procurement processes, and the need for stronger governance standards in the energy sector. If the court ultimately sides with the petitioner, it could declare the tender invalid and reinforce stricter separation of transmission and distribution functions.</p>

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