https://new.kenyalaw.org/akn/ke/judgment/keet/2026/17
The Tribunal found that the Appellant proved ownership of the suit land and that the Respondent failed to establish a lawful basis for maintaining the power lines on the property; the regulator’s contrary decision was therefore erroneous and was set aside.
Source-derived case information.
- Citation
- [2026] KEET 17 (KLR)
- Parties
- Appellant: JOSEPH GACHUHI GATHUMBI; Respondent: KENYA POWER AND LIGHTING COMPANY
- Court
- Energy & Petroleum Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E015 of 2025
- Procedural Posture
- Energy and Petroleum Appeal / Judgment on Appeal
- Outcome
- Appeal allowed
- Judges
- ["D.K Mwirigi", "B.H Wasioya"]
- Legal Topics
- Trespass, Wayleave Corridor, Power Line Installation, Ownership of Land, Appeal Against Regulatory Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOSEPH GACHUHI GATHUMBI
Appellant
KENYA POWER AND LIGHTING COMPANY
Respondent
Procedural Posture
Energy and Petroleum Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Respondent’s power lines were unlawfully installed on the Appellant’s land
- 2 Whether the Appellant proved ownership of the suit property
- 3 Whether the alleged wayleave corridor was validly established
Ratio Decidendi
The Tribunal found that the Appellant proved ownership of the suit land and that the Respondent failed to establish a lawful basis for maintaining the power lines on the property; the regulator’s contrary decision was therefore erroneous and was set aside.
Court Disposition
Appeal allowed
Orders
- The decision of the Energy and Petroleum Regulatory Authority delivered on 3 June 2025 in Dispute No. EPRA/PEACP/CP/4/687/2025 is set aside.
- It is declared that the Respondent’s installation and continued presence of the impugned power lines on the Appellant’s property constitutes trespass.
Full Case Text
Judgment text and source record
1 paragraphs
 REPUBLIC OF KENYA IN THE TRIBUNAL OF KENYA AT NAIROBI COUNTY COURT NAME: ENERGY AND PETROLEUM TRIBUNAL # CASE NUMBER: EPA/E015/2025 | | | | --- | --- | | JOSEPH GACHUHI GATHUMBI - Versus - | 1st Appellant | | KENYA POWER AND LIGHTING COMPANY | 1st Respondent | | KENYA POWER AND LIGHTING COMPANY | 1st Respondent | # DECREE **Claim for;** 1. That the learned Authority erred in law and in fact by failing to recognizethe Respondent’s trespass on the Appellant’s land LR.No.18301 formerly known as part of LR. No 11344 (original number 32/3 part of 41/3/6) 2. That the learned Authority erred in law and in fact by disputing theAppellant’s ownership of the suit land despite evidence including a decree and title deed; 3. That the learned Authority erred in law and in fact in finding that theRespondent’s overhead power line was lawfully situated within a valid wayleave corridor; 4. That the learned Authority erred in law and in fact by failing to appreciate that no road traverses the Appellant’s property; 1. That the learned Authority erred in law and in fact by disregarding thesurveyor’s report dated 21st March, 2024 confirming absence of any encumbrance. **Upon** the Matter coming up for Mention on 26th March 2026 before Hon.Doris Mwirigi-Ag. Chairperson, Hon.Feisal Shariff-Member, Hon.Buge Wasioya-Member **And Upon** coming up for the delivery of judgment on 7th May 2026 **It’s decreed that:** 1. **THAT** the Appeal is hereby allowed. 2. **THAT** the decision of the Energy and Petroleum Regulatory Authority delivered on 3rd June, 2025 in Dispute No. EPRA/PEACP/CP/4/687/2025 is hereby set aside. 3. **THAT** it is hereby declared that the Respondent’s installation and continued presence of the impugned power lines on the Appellant’s property constitutes trespass. 4. **THAT** the Respondent shall, within ninety (90) days from the date hereof at its own cost remove the impugned power lines traversing the Appellant’s property. 5. **THAT** the Respondent shall bear the costs of this Appeal. **Dated and Issued on 7th May 2026** SIGNED BY/FOR: | | | --- | | **★ THE JUDICIARY OF KENYA ★** **HON. DORIS KINYA MWIRIGI** **BUGE HATIBU WASIOYA FEISAL SHARIFF IBRAHIM** ENERGY AND PETROLEUM TRIBUNAL ENERGY AND PETROLEUM TRIBUNAL Date: 2026-07-20 12:05:39 |