Kenya Power bid to stop City Hall from clamping premises fails

Kenya Power bid to stop City Hall from clamping premises fails

Kenya Power Company’s bid to have Nairobi County government stopped from clamping its premises following a dispute over non-payment of more than 605 million Shillings debt has flopped.

This is after Justice John Mativo ruled that the petitioner has failed to demonstrate that the impugned Legal Notice violates section 148 of the Act or any provisions of the constitution.

According to Justice Mativo, the orders sought by Kenya Power could be granted if all the parties that were involved when the legal notice no. 8494 was issued in 2001 under the Local Government Act participated in the proceedings.

“Failure to abide by the resolutions is in my view a civil dispute and can be dealt with by way of a civil suit either seeking to force the settlement if any or such relief that may be appropriate but not by way of a constitutional petition, “said justice Mativo.

Mativo declined to grant the reliefs sought in the petition and dismissed the petition with no orders as to costs.

KPLC had sued the Nairobi County government and the Attorney General claiming that City Hall intended to barricade its premises with a truck of garbage.

According to KPLC, if the Nairobi county government proceeds with the intended clamping and impounding of their vehicles, electricity supply to their 4.2 million customers would be largely affected.

KPLC claimed that it is not liable to pay any charges to Nairobi county government on amount of poles or way leaves as demanded at all and if there are any sums due to the County government they should be borne exclusively by the National Government of Kenya.

The court however noted that there is no basis to condemn the National Government to pay such sums.

The power company also wanted the court to restrain County government of Nairobi from demanding or seeking any money on account of the polls but the County defended the legal notice insisting that under the Act it is mandated to demand and impose rents , fees or charges in respect of any person or matters within its jurisdiction.

It has denied exceeding its powers under the Act to control and take care of all public streets and road reserves within its area.

Tags:

debt kplc city hall Nairobi County Government attorney general kenya power company 605 million Shillings debt clamping its premises impugned Legal Notice

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