Justice Christine Ochieng found that the power utility company trespassed into the land belonging to George Joseph Kang’ethe and Ella Karwitha in 2013, against procedural requirements. FILE PHOTO | NMG
Justice Christine Ochieng found that the power utility company trespassed into the land belonging to George Joseph Kang’ethe and Ella Karwitha in 2013, against procedural requirements.
The Judge said Sections 171 and 173 of the Energy Act requires KPLC to seek consent from owners of the land before entering and laying cables or electric poles
The couple said Kenya Power workers entered the land, cut down trees and put up 10 concrete poles. Since then, they said, they have been unable to use about two acres of land, lease some houses they had put up, sell or develop it.
Kenya Power #ticker:KPLC will pay a couple Sh40 million for trespassing into their land in Ngong area and erecting high power cables.
Justice Christine Ochieng found that the power utility company trespassed into the land belonging to George Joseph Kang’ethe and Ella Karwitha in 2013, against procedural requirements.
The Judge said Sections 171 and 173 of the Energy Act requires KPLC to seek consent from owners of the land before entering and laying cables or electric poles
The couple said Kenya Power workers entered the land, cut down trees and put up 10 concrete poles. Since then, they said, they have been unable to use about two acres of land, lease some houses they had put up, sell or develop it.
“With that in mind, I believe an award for the use of two acres would suffice and will proceed to award the Plaintiffs Sh24 million for loss of use of the said two acres of land,” the Judge said.
The couple said they continue to incur losses on the land located in high prime area at Ngong, Kajiado County.
Mr Kang’ethe said the high voltage cables were erected to supply power to Magadi Soda Company.
The court heard that KPLC did not issue them with any notice or request their permission to enter the land, an act which was without any legal justification. Mr Kang’ethe said the move had caused them permanent damage.
He said for the unlawful occupation of the land since 2013, which has denied him income, KPLC should be compelled to pay him Sh250,000 per month since the time the poles were erected, until they are removed.
KPLC denied interfering with the land and submitted that compensation for the felling of trees is a specific damage and ought to have been proved by documentation such as a certificate Kenya Forest Service, to illustrate the number of trees felled and their value.
Further, that damages cannot be awarded for the felling of trees where the same has not been specifically proved.
Justice Ochieng said it was not disputed that electricity posts, high voltage cables and power lines have been erected in the land. The Judge noted that what was in dispute was that KPLC never sought authority or consent from the couple before erecting the power lines.
The Judge awarded the couple Sh24 million for loss of use of the two acres, another Sh12 million for the inability to use houses constructed on a portion of land and a further Sh4 million for damages.
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