[2022] KEET 789 (KLR)
The Tribunal determined that it lacked original jurisdiction to hear disputes regarding charges and disconnection of power supply where the complainant had not first exhausted remedies before the Energy and Petroleum Regulatory Authority (EPRA). This decision was guided by the statutory framework under the Energy...
Source-derived case information.
- Citation
- [2022] KEET 789 (KLR)
- Parties
- Applicant: Gerrsau Limited; Respondent: Kenya Power & Lighting Company Limited
- Court
- Energy & Petroleum Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Appeal EPA E015 of 2022
- Procedural Posture
- Tribunal Appeal / Directions
- Outcome
- Dispute referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution; Tribunal declined to exercise jurisdiction at this stage.
- Judges
- D.K Mwirigi
- Legal Topics
- Energy Regulation, Dispute Resolution, Regulatory Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerrsau Limited
Applicant
Kenya Power & Lighting Company Limited
Respondent
Procedural Posture
Tribunal Appeal / Directions
Legal Issues
- 1 Whether the Energy & Petroleum Tribunal has jurisdiction to hear disputes over charges leading to disconnection or discontinuance of power supply before exhaustion of remedies at EPRA.
- 2 Whether the dispute should be referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution in accordance with the Energy Act, 2019 and relevant regulations.
Ratio Decidendi
The Tribunal determined that it lacked original jurisdiction to hear disputes regarding charges and disconnection of power supply where the complainant had not first exhausted remedies before the Energy and Petroleum Regulatory Authority (EPRA). This decision was guided by the statutory framework under the Energy Act, 2019 and the Energy (Complaints and Disputes Resolution) Regulations, 2012, which require such disputes to be initially addressed by EPRA. The Tribunal also relied on its own precedent in a similar matter (Joyce Deche Kai v Kenya Power and Lighting Company), reinforcing the principle that regulatory processes must be followed before judicial or quasi-judicial intervention....
Court Disposition
Dispute referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution; Tribunal declined to exercise 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 in the first instance.
Full Case Text
Judgment text and source record
18 paragraphs
Gerrsau Limited v Kenya Power & Lighting Company Limited (Tribunal Appeal EPA E015 of 2022) [2022] KEET 789 (KLR) (14 July 2022) (Directions)
Neutral citation: [2022] KEET 789 (KLR)
Republic of Kenya
In the Energy & Petroleum Tribunal
Tribunal Appeal EPA E015 of 2022
D.K Mwirigi, Vice Chair
July 14, 2022
Between
Gerrsau Limited
Applicant
and
Kenya Power & Lighting Company Limited
Defendant
Directions
1. Having heard the submissions of counsel for the applicant, Mr Kariithi on July 14, 2022 and after reading the notice of motion application dated July 12, 2022 together with its supporting affidavit dated July 12, 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 14TH DAY OF JULY, 2022. SIGNED BY: DORIS KINYA MWIRIGITHE JUDICIARY OF KENYA. ENERGY AND PETROLEUM TRIBUNAL ENERGY AND PETROLEUM TRIBUNAL DATE: