Ketraco says that on or about August 19, its contractors while carrying on with the reconstruction accessible through the parcel of land registered in the names of Mahmood, Jaffer, Esmail, Musa and Essak Kassam, were denied access.
The state corporation wants a declaration that the brothers’ action of stopping it from accessing the land is illegal, null and void as it is carrying out the works within an already existing wayleaves corridor.
The Kenya Electricity Transmission Company Ltd (Ketraco) has sued four brothers accusing them of denying it access to a parcel of land in Mombasa for reconstruction and improvement of the proposed Rabai-New Bamburi-Kilifi electricity transmission line.
Ketraco says that on or about August 19, its contractors while carrying on with the reconstruction accessible through the parcel of land registered in the names of Mahmood, Jaffer, Esmail, Musa and Essak Kassam, were denied access.
The state corporation wants a declaration that the brothers’ action of stopping it from accessing the land is illegal, null and void as it is carrying out the works within an already existing wayleaves corridor.
Ketraco says the reconstruction and improvement of the transmission line is meant to offer cheap, stable and reliable supply of existing large power customers and existing substations.
“It will also supply energy to the existing manufacturing industries, special economic zones, steel rolling mills and for commercial, residential, power generation and street lighting,” says Johnson Muthoka, Ketraco’s senior manager wayleave acquisition, in his witness statement.
The state corporation says the ongoing reconstruction and improvement works on the 132kV Rabai-New Bamburi-Kilifi electric transmission is being done with the consent of Kenya Power Ltd within the existing wayleaves corridor that was obtained between 1972 and 1995.
“The defendant’s ownership on the land is subject to the encumbrance specified in the memorandum on the certificate of title for the land as Grant of easement protected by a caveat registered as CR 1950/28,” argues Ketraco.
Ketraco says that it entered into an Engineering Procurement and Construction (EPC) contract with a foreign contractor for purposes of undertaking the construction works for the transmission line which (contract) had certain obligations in relation to third parties not party to the contract.
“The works under the EPC contract are financed by a loan from the Spanish Government which (loan) attracts interest and is payable by the government,” argues Ketraco.
Ketraco says that sometime in early December 2020, it sought consent from Kenya Power, which was granted permission to use its existing wayleave corridor for the reconstruction and improvement works.
“Pursuant to the consent obtained from Kenya Power, the plaintiff engaged a contractor who in February commenced the works of re-construction and improvement of the proposed transmission line,” says Ketraco.
Ketraco is also seeking a permanent injunction restraining the defendants from stopping and interfering with the re-construction and improvement works on the electricity transmission line by its contractors within the existing wayleave corridor that transverses on the land.
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