[2023] KEET 45 (KLR)
The Tribunal determined that, in line with the Energy Act, 2019 and the Energy (Complaints and Disputes Resolution) Regulations, 2012, it lacks jurisdiction to entertain disputes over electricity billing and threatened disconnection until the parties have first referred the matter to the Energy and Petroleum...
Source-derived case information.
- Citation
- [2023] KEET 45 (KLR)
- Parties
- Plaintiff: Hebron Orucho Gisebe; Plaintiff: Tanzil Cakes Ltd; Respondent: Kenya Power and Lighting Company
- Court
- Energy & Petroleum Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E004 of 2023
- Procedural Posture
- Directions / Reference to Regulatory Authority
- 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, B.H Wasioya, F.S Ibrahim, F. M Kavita
- Legal Topics
- Energy Regulation, Regulatory Jurisdiction, Billing Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hebron Orucho Gisebe
Plaintiff
Tanzil Cakes Ltd
Plaintiff
Kenya Power and Lighting Company
Respondent
Procedural Posture
Directions / Reference to Regulatory Authority
Legal Issues
- 1 Whether the Tribunal has jurisdiction to determine disputes over electricity billing prior to exhaustion of remedies before the Energy and Petroleum Regulatory Authority (EPRA).
- 2 Whether the dispute should be referred to EPRA for resolution under the Energy Act, 2019 and relevant regulations.
Ratio Decidendi
The Tribunal determined that, in line with the Energy Act, 2019 and the Energy (Complaints and Disputes Resolution) Regulations, 2012, it lacks jurisdiction to entertain disputes over electricity billing and threatened disconnection until the parties have first referred the matter to the Energy and Petroleum Regulatory Authority (EPRA). The Tribunal relied on its previous decision in the Kai appeal, which established that exhaustion of the regulatory dispute resolution process is a mandatory prerequisite. Accordingly, the Tribunal declined to exercise jurisdiction and referred the dispute to EPRA for resolution, emphasizing the statutory framework that governs such disputes and the need...
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 EPRA for resolution in accordance with the Energy Act, 2019 and relevant regulations.
- The Tribunal declines to exercise jurisdiction pending exhaustion of the regulatory process.
Full Case Text
Judgment text and source record
21 paragraphs
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
In the Energy & Petroleum Tribunal
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 Rules2008, 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