A Tenant’s Struggle (1): Navigating Power and Water Disconnections

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As a tenant, you have fundamental rights that protect your access to essential services like water and electricity. Unfortunately, disputes can arise with landlords, sometimes leading to the drastic measure of service disconnection. It’s essential to understand what your rights are, what actions landlords can legally take, and how to report illegal disconnections to the appropriate authorities, such as the Energy and Petroleum Regulatory Authority (EPRA) and the local government.

When Landlords Cut Off Services: What’s Legal and What’s Not

In most cases, and particularly without due process, a landlord separately disconnecting your power or water supply is illegal in Kenya. Your lease agreement typically grants you the right to the peaceful enjoyment of the premises, which includes access to these essential utilities.

What is generally considered illegal:

1. Disciplinary Disconnections- If your landlord disconnects your services because you’ve requested repairs, complained about poor living conditions, or exercised any other tenant right, this is likely an illegal retaliatory action.
2. Disconnections Without Notice- Unless there are exceptional circumstances (like emergency repairs requiring a temporary shutdown), landlords are generally expected to provide adequate notice before any planned service interruption. Even then, permanent disconnections due to unpaid bills are usually the responsibility of the utility company, not the landlord acting independently.
3. Disconnections for Rent Arrears (Without Due Process)- While unpaid rent is a serious issue, landlords cannot simply cut off your utilities as a way to force payment. They must follow the legal procedures for rent recovery, which usually involve serving notices and potentially pursuing the matter through the Rent Tribunal or the courts.
4. Disconnections Outside of Utility Company Procedures- For services billed directly to the tenant by utility companies (like Kenya Power or Nairobi Water), the landlord has even less grounds to interfere with the supply. Disconnections for non-payment should be carried out by the utility company according to its own regulations and procedures.

What might be considered legal, and always requires due process:

1. Scheduled Maintenance- Landlords may need to temporarily interrupt services for essential maintenance or repairs. However, this should be done with reasonable notice and for a limited duration.
2. Extreme Cases (e.g., unsafe conditions)- In very rare situations where the continued provision of a service poses an immediate safety risk, a temporary disconnection might be justifiable. However, this should be followed up with immediate communication and resolution.

Important Note: Even in situations where a tenant has not paid their rent or utility bills (if billed through the landlord), the landlord cannot take the law into their own hands by disconnecting services. They must follow the legal channels available to them.

How to Report Violations to Authorities like EPRA or Local Government

If your landlord has illegally disconnected your power or water supply, it’s crucial to take action to protect your rights. Here’s how you can report the violation:

a. Document Everything-

1. Keep records of your tenancy agreement.
2. Document any communication with your landlord regarding the disconnection (e.g., letters, emails, text messages).
3. Take photos or videos of any evidence related to the disconnection.
4. Note the date and time the disconnection occurred.
5. Keep records of any financial losses or inconvenience caused by the disconnection.

b. Communicate with Your Landlord (in writing)-

• Send a formal written communication (e.g., a letter or email) to your landlord stating that the disconnection is illegal and demanding immediate reconnection of services. Refer to your rights as a tenant. Keep a copy for your records.

c. Report to the Energy and Petroleum Regulatory Authority (EPRA)-

1. EPRA is the regulatory body responsible for overseeing the energy and petroleum sectors in Kenya, including electricity supply. If your electricity has been illegally disconnected, you can lodge a complaint with EPRA.
2. How to contact EPRA:

1. 1. Phone- You can find their contact numbers on their official website (www.epra.go.ke).
   2. Email- Check their website for the appropriate email address for complaints.
   3. In Person- Visit their offices (contact details are on their website).
   4. Online Complaint Portal- EPRA may have an online platform for advanced complaints. Check their website.

When reporting, provide all the documented information you have gathered.

d. Report to Your Local Government (County Government)-

1. County governments in Kenya often have departments dealing with housing and tenant issues. Illegal disconnections can be reported to the relevant department in your County government.
2. How to contact your local government:

1. • Visit the County government website (e.g., nairobi.go.ke) to find contact information for relevant departments, such as housing or planning.
   • You may be able to lodge a complaint online, by phone, or in person at their offices.

e. Consider Seeking Legal Advice-

• If the illegal disconnection persists or if you have suffered significant losses, consider seeking legal advice from a lawyer experienced in tenant-landlord matters. They can advise you on further legal action, such as pursuing a case at the Rent Tribunal or in court.

f. Contact Tenant Support Organizations-

• There may be tenant support organizations or legal aid clinics that can offer advice and assistance in such situations. Research and reach out to these organizations for guidance.

Knowing your rights as a tenant is the first step in protecting yourself from illegal actions by landlords. By understanding what constitutes an illegal power or water disconnection and knowing how to report these violations to the appropriate authorities, like EPRA and your local government, you can ensure that your right to essential services is upheld.