EDITORIAL: Power utility firms should avoid costly trespass suits

The number of court fines slapped on Kenya Power #ticker:KPLC and other public utility firms for trespassing on private land are becoming far too many and costly, adding unnecessary burden for the taxpayer.

In the latest case, the High Court on Monday ordered Kenya Power to pay a couple Sh40 million for trespassing into their land in Ngong area and erecting high power cables.

Justice Christine Ochieng found that the power utility company trespassed into the land belonging to George Joseph Kang’ethe and Ella Karwitha in 2013, against procedural requirements.

This is only one of the numerous rulings recently made against Kenya Power for trespass There are other suits still pending in court.

Unfortunately, such illegal actions do not just end with Kenya Power. The Kenya Electricity Transmission Company (Ketraco) and the Rural Electrification Authority (REA) have also faced court suits and fines for trespass.

Clearly this should be a cause of worry because a lot of taxpayer money continues to go down the drain in needless court fines and legal fees despite the existence of legal guidelines on how the utility firms should handle projects traversing private property.

Section 171 and 173 of the Energy Act expressly requires utility firms to seek consent from land owners before entering and laying cables or electric poles, petroleum or gas pipelines, or drilling exploratory wells.

Even in instances where a private land owner cannot be traced immediately, the law demands that he or she be granted a 15-day notice through appropriate mass channels, including advertisement in at least two national newspapers or a radio station that covers the local area for a period of two weeks.

Utility firms therefore have no excuse to continue contravening the law and causing unnecessary burden on the taxpayer through court fines and fees.

Rogue officials engaging in illegal action such as trespassing on private land should be reprimanded as a deterrent to others who may be tempted to do the same.

Private land is protected by law and must be respected by utility firms. Trespass is a crime and should be avoided.