Court rejects KPLC's move to drag Epra in power surge claims
A Kenyan court has ruled that claims for compensation due to power surges are civil matters of negligence rather than regulatory disputes. This decision prevents the Energy and Petroleum Regulatory Authority (Epra) from acting as the primary forum for such claims.
Why it matters
The ruling clarifies legal pathways for businesses and individuals seeking damages from utility companies, potentially increasing corporate accountability.
The energy sector regulator, Epra, has no role in determining compensation to victims of power surges whose claims arising from damaged electrical equipment will be reviewed by the courts.
This follows a landmark ruling that held such claims amount to negligence and fall outside the jurisdiction of the Energy and Petroleum Regulatory Authority (Epra).
The Milimani Commercial Court ruled that claims arising from alleged negligent electricity supply are tortious claims or compensation claims that should be heard by civil courts rather than by Epra or the Energy and Petroleum Tribunal.
The decision could heighten pressure on Kenya Power to exercise greater care in the supply of electricity.
The case was filed by Placid View Properties Ltd, which owns and operates the four-star Ole Sereni Hotel, after a voltage fluctuation allegedly damaged the hotel's electrical equipment.
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