[2023] KEET 108 (KLR)

[2023] KEET 108 (KLR)

The Tribunal determined that it lacks original jurisdiction to hear disputes concerning electricity charges and disconnection where the complainant has not first exhausted the dispute resolution mechanisms provided by the Energy and Petroleum Regulatory Authority (EPRA). This is mandated by Sections 159(3) and...

Source-derived case information.

Citation
[2023] KEET 108 (KLR)
Parties
Applicant: John Nyoro Gathayo; Respondent: Kenya Power & Lighting Limited KPLC
Court
Energy & Petroleum Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case E006 of 2023
Procedural Posture
Directions / Preliminary Directions
Outcome
Dispute referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution; Tribunal declines jurisdiction at this stage.
Judges
Kioko Kilukumi, D.K Mwirigi, D Jemator, B.H Wasioya, F.S Ibrahim, Samuel Maina Karanja, F. M Kavita
Legal Topics
Energy Regulation, Regulatory Jurisdiction, Dispute Referral
Source Language
en
Administrative Law Commercial and Corporate Energy Regulation Regulatory Jurisdiction Dispute Referral

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Parties

John Nyoro Gathayo

Applicant

Kenya Power & Lighting Limited KPLC

Respondent

Procedural Posture

Directions / Preliminary Directions

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear disputes over electricity charges and disconnection before exhaustion of remedies at the Energy and Petroleum Regulatory Authority (EPRA).
  2. 2 Whether the dispute should be referred to EPRA in accordance with the Energy Act and relevant regulations.

Ratio Decidendi

The Tribunal determined that it lacks original jurisdiction to hear disputes concerning electricity charges and disconnection where the complainant has not first exhausted the dispute resolution mechanisms provided by the Energy and Petroleum Regulatory Authority (EPRA). This is mandated by Sections 159(3) and 160(3) of the Energy Act, 2019, and the Energy (Complaints and Disputes Resolution) Regulations, 2012. The Tribunal followed its own precedent in the Joyce Deche Kai case, finding the present dispute to be similar in nature. Accordingly, the Tribunal referred the matter to EPRA for resolution, declining to proceed until the statutory process is exhausted.

Court Disposition

Dispute referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution; Tribunal declines jurisdiction at this stage.

Orders

  • The dispute is referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution.
  • The Tribunal declines to exercise jurisdiction until the statutory process before EPRA is exhausted.