BY SAM ALFAN .
The High Court has restrained Kenya Power & Lighting Company ltd from interfering with the operations of logistics firm Ceva Interfreight Kenya ltd.
The Mombasa-based company moved to court to restraining Kenya Power or its officials from interfering with its operations, after its directors were summoned to appear without fail before officials of Kenya Power.
The summons were made after KP’s pylon tower fell on the company’s perimeter wall on July 2, 2023, leading to an explosion of the fire sparks that caused damage to the electrical wires.
The firm told the court through lawyer Danstan Omari that it directors were summoned by Kenya Power officials on July 6, to appear before them the following day without fail.
This is despite writing to Kenya Power explaining what transpired and that neither its directors nor employees were involved in the accident.
“That as a result of the Respondents’ unlawful actions, the Applicant’s directors are under imminent threats of arrest by the 2nd, 3rd and 4th Respondents and are justifiably apprehensive that their constitutional rights are being violated,” the company said in the petition.
Omari informed the court that the firm’s terminal yard is enclosed in a perimeter wayleave granted by Kenya Power, which happens to be its immediate neighbor.
The logistics firm says Kenya Power had erected a pylon tower on the wayleave in Ceva’s yard and one of the anchoring legs sat in the yard and the other one sat on the wayleave.
“On 2nd July, 2023, the pylon tower’s fell and its legs hit the perimeter wall of the terminal yard and it led to the explosion of the fire sparks that caused damage to the electrical wires,” the firm said.
Justice A. Onginjo stopped the power utility firm from interfering with the operations of the Mombasa based company, pending further directions of the court.
“It is clear that Kenya Power is acting in bad faith in that even after the pylons fell on the applicant’s property, employees of Kenya Power were seen bringing down part of Ceva’s wall and even marked it with a red mark as one of the areas that should be demolished and as a result of the respondents’ unlawful actions, Ceva Interfreight is under imminent threat of arrest by the police and DPP and is justifiably apprehensive that their constitutional rights are being violated,” says Ceva.
The company adds that the powers of arrest by police are being abused and misused to harass, intimidate and oppress the company.
According to the firm, the timing of the arrest is designed to intimidate and ensure that it does not continue running its business in Kenya.
The court further heard that Kenya Power has prevented the firm from using the usual weighbridge that they have been using hence paralyzing its business.
