BY SAM ALFAN.
Kenya Power & lighting company has been ordered to pay Sh13.5 million to a local company after loose power cables sparked fires destroying acres of pastures among other properties.
Justice Lagat Korir ordered KPLC to compensate Lawina Company Ltd Sh13,027,000 damages, saying the power utility firm breached its statutory duties which caused loss and damages.
“Declaration be and is hereby issued declaring that the Defendant breached its statutory duties under the provisions ofthe Energy Act which breach has caused loss and damage to the Plaintiff and the Defendant is therefore under a duty to compensate the Plaintiff,” Judge Korir declared.
The company told the court that on February 15, 2012, one of the electricity poles carrying high voltage lines along its property fell down and started a fire which destroyed a portion of about 86 acres of Rhodes Grass together with fencing posts, droppers, chain links and barbed wire.
The company particularised the loss and damage in this fire totalling to Sh. 21.2 million.
The company stated that the destroyed pasture could have been harvested economically for three years being 2012, 2013 and 2014.
It added that it reported the two fire incidents to the local administration office and at Rongai Police Station and also commissioned the preparation of Reports of the loss arising from the fires.
It further added that stated that Kenya power had a statutory duty under section 52 of the Energy Act to maintain in a state of goodrepair the poles supplying the electricity lines and had a duty, in case of breach to make prompt and adequate compensation for the loss it suffered as a result of the two fires.
It further stated that the Kenya Power’s negligence in handling of the electricity poles resulted in damage of it’s property, which damage the lighting company had failed to make good.
The company sought declaration that the Kenya power has breached its statutory duties under the provisions of the Energy Act which breach hascaused loss and damage to the Plaintiff and the Defendant is therefore under a duty to compensate the company.
Kenya power denying all the allegations while admitting that it had installed electricity poles along the company’s property, KPLC denied that the electricity poles were of high voltage as alleged by the company or that the poles fell and started a fire which damaged the company’s property.
Further, Kenya Power categorically stated that it had no statutory duty to make compensation to the company for loss or damage of any electric supply line or by reason of any defect in the electric supply line.
KP denied claims of negligence and breach of statutory duty. It further attributed negligence to the company, saying it failed to take all necessary steps to avert the loss or damage.
