Ms Celina Ogutu told the court that Kenya Power on April 16 disconnected electricity to her rental apartments, which have 261 units without giving prior notice.
She was arrested on April 18 when she visited Electricity House and subsequently charged with illegal consumption of electricity.
Kenya Power, however, holds that it is not possible to reconnect on grounds that she has been blacklisted in its automated system.
The High Court has ordered Kenya Power #ticker:KPLC to reconnect a customer accused of illegal electricity connection even as the utility firm claims its system has rejected her fresh application.
Justice Wilfrida Okwany directed the monopoly to reconnect rental premises belonging to Celina Ogutu as the case proceeds in court.
Kenya Power, however, holds that it is not possible to reconnect on grounds that she has been blacklisted in its automated system. Ms Ogutu moved to court in May claiming that she was denied an opportunity to be heard, deprived of the right to access economic opportunities by disconnecting her premises without notice, leading to tenants vacating her premises.
“That an interlocutory mandatory injunction be and is hereby issued compelling the first respondent (Kenya Power) to restore electricity supply to the second petitioner’s premises on properties Dagoretti/Riruta and Dagoretti/Riruta/4885, pending hearing and determination of the application,” ordered Justice Okwany on July 10.
Kenya Power rejected Ms Ogutu’s fresh application noting that its system is automatic and cannot be altered to approve the fresh application for reconnection.
But even before this order, the court had indicated that denying a Kenyan power is not an option for the monopoly State utility company.
Justice Eric Mwita on May 31 took to task Kenya Power, stating that no Kenyan who is ready to comply with the laid down requirements should be denied electricity.
Justice Okwany directed the parties to agree on modalities of reconnecting the premises pending hearing of the case.
Ms Ogutu told the court that Kenya Power on April 16 disconnected electricity to her rental apartments, which have 261 units without giving prior notice. She was arrested on April 18 when she visited Electricity House and subsequently charged with illegal consumption of electricity.
She moved to court alleging infringement of her constitutional rights among them protection of her economic interest and right to be given fair hearing.
She told the court that she is repaying five bank loans she took to put up the apartments.
She has committed to be making monthly repayments of Sh873,760, but since her arrest and the electricity disconnection, she said she had defaulted. Kenya Power asked the court to reject her application arguing that the dispute should be handled by the Energy Regulatory Commission Tribunal.
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