Ismail Holdings Company Ltd v Kenya Power & Lighting Company Ltd (Tribunal Case E016 of 2022) [2022] KEET 793 (KLR) (Civ) (27 July 2022) (Directions)
Neutral citation:
[2022] KEET 793 (KLR)
Republic of Kenya
Tribunal Case E016 of 2022
D.K Mwirigi, Vice Chair, B.H Wasioya, D Jemator, F. M Kavita & Samuel Maina Karanja, Members
July 27, 2022
Between
Ismail Holdings Company Ltd
Claimant
and
Kenya Power & Lighting Company Ltd
Respondent
Directions
1.Having heard the submissions of counsel for the applicant, Mr Were on July 27, 2022 and after reading the notice of motion application dated July 22, 2022 together with its supporting affidavit dated July 22, 2022 the tribunal issues the following directions.
2.A dispute over charges leading to disconnection and or discontinuance of power supply arose in Appeal No E003 of 2022 Joyce Deche Kai v Kenya Power and Lighting Company. This Tribunal declined to exercise jurisdiction in the first instance and referred the matter to the Energy and Petroleum Regulatory Authority (EPRA).
3.The dispute herein is similar in nature. Accordingly, in accordance with the decision in the Kai appeal and in accordance with sections 159 (3) and 160 (3) of the Energy Act, 2019; read together with regulations 2,4,7 and 9 of the Energy (Complaints and Disputes Resolution) Regulations, 2012, this dispute is referred to EPRA for resolution.
DATED AND DELIVERED AT NAIROBI THIS 27TH DAY OF JULY, 2022.In the Presence of:Ms Doris Kinya Mwirigi Vice Chairperson.Eng Buge Hatibu Wasioya Member.Ms Dorothy Jemator MemberEng Fidelis Muli Kavita MemberMr Samuel Maina Karanja MemberSigned by: Doris Kinya Mwirigi