At least 1.5 million Kenyans will have to wait longer for electricity connections after the National Treasury declined to release funds for a Sh17.4 billion power project that has been stalled since 2016.
The Treasury has tied new financing for the Kenya Electricity Transmission Company (KETRACO) to the settlement of a Sh9.2 billion arbitral award owed to Spanish contractor Inabensa.
The dispute dates back to April 2016 when KETRACO terminated Inabensa’s contract to construct a 132-kilometre 400kV double-circuit transmission line from Lessos, Kenya, to Tororo, Uganda. KETRACO accused the firm of non-performance, but the contractor challenged the move and won in court.
Initially awarded Sh4.5 billion in July 2020, the compensation has since ballooned to Sh9.2 billion. The Auditor General’s latest report confirms KETRACO cannot move forward with the project until the debt is fully settled.
Auditor General Nancy Gathungu revealed that KETRACO had appealed to the Treasury for funding support, but Treasury insisted the arbitral award must be cleared first.
“In the response, there is a letter from the Principal Secretary, National Treasury to the accounting officer dated 14 March, 2024 indicating that upon advice from the Attorney General, the State Department was to work out a feasible phased-out payment plan for the arbitral award and prioritize funding for the same and any other relevant project completion costs within the financial year 2024/2025 and the Medium-Term Budget,” the report reads.
By the time the contract was terminated, 61 percent of the project had been completed, leaving works valued at Sh6.8 billion unfinished.
The African Development Bank, which had been financing the project, withdrew its support after the dispute and declined to release the remaining funds.
The matter is still pending before the Court of Appeal after KETRACO lost earlier battles at both a tribunal and the High Court.
Gathungu warned that failure to resolve the debt could further weaken KETRACO’s liquidity and affect service delivery, given that the company already carries Sh28.8 billion in trade and other payables.
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