A High Court has rejected a Sh6.5 million claim by Kenchic Limited against Kenya Power for repairs of a cold room compressor allegedly damaged by a power blackout 11 years ago.
High Court judge Kizito Magare dismissed the appeal by Kenchic, which rears one-day-old chicks, chicken, and process for the international market, saying it failed to prove that the destruction of the compressor was caused by a power surge or outage.
“It is not enough for the defendant (KP) to show that it (blackout) was reported. It is for a plaintiff (Kenchic) to allege and prove that this was reported. Surely an outage that caused a loss of over 6 million could not escape unnoticed. The Appellant did not tender any evidence of reporting the incidence or even the same being rectified,” the judge said.
Kenchic sued the power utility company alleging that between January 25 and 27, 2013, there were outages in the grid power at its premises.
KP allegedly reported that technicians were working on it. However, as a result of inadequate grid power the cold room compressor, which is used for storing premium products, was destroyed.
The breakdown was replaced for Sh6.5 million. Although the firm was compensated by an underwriter, it sued KP to recover the damages on behalf of the insurer.
The suit was initially filed before a magistrate court but it was dismissed in December 2020 forcing Kenchic to move to the High Court.
