The Cabinet has ordered a split of Kenya’s electricity transmission system to ensure that a power failure in one part does not affect the whole country. FILE PHOTO | NMG
The High Court has awarded a homeowner in Wundanyi, Taita-Taveta County, Sh2.1 million for his property razed due to an electric fault.
A lower court had earlier absolved Kenya Power and Lighting Company(KPLC) of blame for the inferno but High Court Judge George Dulu said the firm was responsible for the destruction of Ephraim Mwagafwa’s house.
Mr Mwagafwa sued Kenya Power and demanded compensation for his house that was razed. According to him, the cause of the fire was an electric fault but principal magistrate D. Wangeci dismissed his claim on October 3 last year, saying his evidence was insufficient.
Justice Dulu, however, said it was not disputed that KPLC was the only supplier of electric power, and the loss adjusted specifically referred to electric cable as the cause of the fire.
“Secondly, once proof on balance of probabilities was done by the appellant, as happened in this case, the evidential burden shifted to the respondent to show that as a monopoly power supplier, they were not to blame,” the judge said.
Mr Robert Ochieng, an insurance loss adjuster who assessed the damage, told the trial magistrate that the suspected cause of the fire was an electric cable.
However, KPLC called Kingai Muruga, an assistant engineer working for the company, who stated that after visiting the house filed a report saying the meter box and cut-out breaker were intact, and the power supply and customer network were intact.
