Gisebe & another v Kenya Power and Lighting Company (Tribunal Case E004 of 2023) [2023] KEET 45 (KLR) (1 March 2023) (Directions)
Neutral citation:
[2023] KEET 45 (KLR)
Republic of Kenya
Tribunal Case E004 of 2023
Kioko Kilukumi, Chair, D.K Mwirigi, Vice Chair, B.H Wasioya, F.S Ibrahim & F. M Kavita, Members
March 1, 2023
Between
Hebron Orucho Gisebe
1st Plaintiff
Tanzil Cakes Ltd
2nd Plaintiff
and
Kenya Power and Lighting Company
Respondent
Directions
1.Pursuant to Rule 19 (1) of the Energy Tribunal Rules 2008, The Tribunal, in its own motion, 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 -vs- 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. The Plaintiff herein disputes the defendant/respondent billing of Kshs.998,781.00 dated February 1, 2023 and is apprehensive that its power may be disconnected by the defendant/respondent due to non-payment of the contested bill.
4.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 1ST DAY OF MARCH, 2023.In the Presence of:………………………MR. KIOKO KILUKUMISC CHAIRPERSON………………………..MS. DORIS KINYA MWIRIGIVICE CHAIRPERSON……………………………..ENG. BUGE HATIBU WASIOYAMEMBER………………………….MR. FEISAL SHARIFF IBRAHIMMEMBER………………………….ENG. FIDELIS MULI KAVITAMEMBERSIGNED BY: KIOKO KILUKUMI