Do you have a dispute over your power bills, disconnections, or interruptions or want to compel Kenya Power to perform a certain function concerning your electricity?
Well, it will now be harder and costlier for you to take on the electricity monopoly that has been the subject of public protests, especially following recent nationwide power blackouts.
In a judgment early this month, High Court Judge William Musyoka agreed with the power utility and quashed a ruling by a Milimani court in favour of a customer—Shri Krishan Overseas Limited, that had challenged a Sh3.3 million bill.
The judge said disputes around charges for electricity, and illegal or improper use of such energy, which cover such matters as billing disconnection and reconnection of power supply, are governed by the legislation relating to energy.
The judge said jurisdiction over such disputes is delineated by the provisions of the Energy Act.
While seeking to quash the case, Kenya Power submitted that there is a three-tier mechanism for handling disputes against the utility.
First, an aggrieved customer files a complaint at the Energy and Petroleum Regulatory Authority, followed by an appeal to the Energy and Petroleum Tribunal, and finally to the High Court.
The power utility firm submitted that a customer could not jump to the courts on any matter relating to billing, damages, disconnection, health and safety, electrical installations, interruptions, licensee practices and procedures, among others, before exhausting the appellate process at the tribunal.
The judge agreed, saying there is an established dispute resolution mechanism, with respect to disputes within the energy sector, away from that established under the Civil Procedure Act.
In the dispute, the packaging solutions firm moved to a Milimani court in 2019 seeking a declaration that its electricity bill of Sh3.35 million for April 9, 2019, was not justified.
The court dismissed the objection on May 31, 2022, and later referred the matter to the Energy Commission for determination. The decision of the Energy Commission will be remitted to the court for adoption.
The firm sought an injunction to bar Kenya Power from demanding the amount, disconnecting its electricity supply. It also wants compensation for damages and financial loss after electricity was disconnected at its industrial premises. Kenya Power filed an objection stating that the trial court does not have the power to determine the case.
