TWN Team
Kenya Power wants the high court to dismiss an activist’s case seeking to prevent electricity disconnections to essential facilities in all 47 counties.
Claiming a lack of jurisdiction, KPLC has filed a preliminary objection seeking the high court’s dismissal of the petition.
KPLC states the court doesn’t have the proper jurisdiction to handle this case, based on the Energy Act, 2019 and Regulations 21 of the Energy (Complaints and Disputes Resolution) Regulations, 201, requests the case be dismissed and the activist pay legal costs.
The company argues that the matter should be at a tribunal court and not the high court.
However, Lawyer Elkana Mogaka for activist Charles Rubia argues that the objection on jurisdiction is misguided.
Rubia had 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 counties.
He further says 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.”
“Kenya Power has resorted to “draconian” actions, such as cutting off electricity to critical infrastructure in Nairobi County,” he contends.
The court will make a ruling on the application on May 20 this year.
