Kenya Power and Lighting Company has asked the high court to strike out a case filed by an activist
seeking to have it blocked from disconnecting electricity supply to essential facilities in all the 47 counties.
In a preliminary objectiction KPLC claims that the high court has no jurisdiction to hear the petition and ought to strike it out.
According to court papers, KPLC says the court lacks original jurisdiction to hear and determine this matter, and as such it ought to be struck out with costs, by dint of the appellate jurisdiction vested in the High Court vide section 37(3) & (4) of the Energy Act, 2019 and Regulations 21 of the Energy (Complaints and Disputes Resolution) Regulations, 201.
It is their argument that the matter should be at a tribunal and not the high court.
However Lawyer Elkana Mogaka for activist Charles Rubia argued that the objection on jurisdiction is misguided
The court will make a ruling on the application on May 20 this year.
In the case, Rubia moved to court seeking an order barring Kenya Power from cutting off electricity to hospitals, water pumping stations, and street lighting. He argues that if the court does not intervene, Kenya Power’s actions will disrupt service delivery, threaten public health and safety, and create a constitutional crisis concerning the management of national utilities in the devolved system.
Rubia further argues that when negotiations between different government entities fail, Kenya Power is required to formally declare a dispute and refer the matter to the Summit, the Council, or another intergovernmental body established under the law. Instead of taking this approach, he contends, Kenya Power has resorted to “draconian” actions, such as cutting off electricity to critical infrastructure in Nairobi County.
