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Mount Kenya Safari Club suffers blow in Sh38 million electricity lawsuit

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Mount Kenya Safari Club. FILE PHOTO | NMG

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Summary

  • The High Court has declined to hear a dispute filed by high-end Mount Kenya Safari Club against Kenya Power over a Sh38 million electricity bill saying the matter should be handled by Energy and Petroleum tribunal.
  • Justice Hatari Waweru dismissed the case noting the hotel failed to show why the case should be handled by the High Court and not the tribunal as required.

The High Court has declined to hear a dispute filed by high-end Mount Kenya Safari Club against Kenya Power over a Sh38 million electricity bill saying the matter should be handled by Energy and Petroleum tribunal.

Justice Hatari Waweru dismissed the case noting the hotel failed to show why the case should be handled by the High Court and not the tribunal as required.

“The upshot of all that is stated above is that the initial jurisdiction to deal with the dispute between the Plaintiff and the Defendant lies with the Authority or the Tribunal,” the Judge said.

He added that the hotel should first exhaust the dispute resolution mechanisms provided for under the Energy Act, 2015 before coming to the High Court.

The hotel agreed that the Tribunal had the jurisdiction to deal with the dispute, except that it is not currently fully constituted as it is without a chairperson, and therefore cannot sit and hear the case.

Mount Kenya Safari Club rushed to court in January.

The Nanyuki based Fairmont Mount Kenya Safari Club offers luxury accommodation with the main structure reflecting the 1950’s colonial architectural design with a luxury country club feel.