[2023] KEET 54 (KLR)
The Tribunal held that the applicant had prematurely invoked its jurisdiction by filing the appeal before the expiry of the 60-day period within which EPRA is required to determine the dispute. The law mandates exhaustion of internal complaint mechanisms, and only after EPRA has made a determination, or the...
Source-derived case information.
- Citation
- [2023] KEET 54 (KLR)
- Parties
- Applicant: Shafiq Abdumalik Lakhan; Respondent: Kenya Power & Lighting Company Limited
- Court
- Energy & Petroleum Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E003 of 2023
- Procedural Posture
- Civil Appeal / Directions
- Outcome
- Appeal dismissed for want of jurisdiction due to premature filing.
- Judges
- Kioko Kilukumi, D.K Mwirigi, B.H Wasioya, F.S Ibrahim, F. M Kavita
- Legal Topics
- Wayleave Disputes, Exhaustion of Administrative Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shafiq Abdumalik Lakhan
Applicant
Kenya Power & Lighting Company Limited
Respondent
Procedural Posture
Civil Appeal / Directions
Legal Issues
- 1 Whether the Tribunal has jurisdiction to hear the dispute before exhaustion of internal complaint mechanisms under the Energy Act, 2019.
- 2 Whether the appeal was prematurely filed before the Energy and Petroleum Regulatory Authority (EPRA) had made a determination.
Ratio Decidendi
The Tribunal held that the applicant had prematurely invoked its jurisdiction by filing the appeal before the expiry of the 60-day period within which EPRA is required to determine the dispute. The law mandates exhaustion of internal complaint mechanisms, and only after EPRA has made a determination, or the statutory period has lapsed without a decision, can an appeal be properly lodged before the Tribunal. Since the prescribed period had not expired, the Tribunal lacked jurisdiction to entertain the matter at this stage.
Court Disposition
Appeal dismissed for want of jurisdiction due to premature filing.
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Lakhan v Kenya Power & Lighting Company Limited (Tribunal Case E003 of 2023) [2023] KEET 54 (KLR) (Civ) (1 March 2023) (Directions)
Neutral citation: [2023] KEET 54 (KLR)
Republic of Kenya
In the Energy & Petroleum Tribunal
Civil
Tribunal Case E003 of 2023
Kioko Kilukumi, Chair, D.K Mwirigi, Vice Chair, B.H Wasioya, F.S Ibrahim & F. M Kavita, Members
March 1, 2023
Between
Shafiq Abdumalik Lakhan
Claimant
and
Kenya Power & Lighting Company Limited
Respondent
Directions
Directions 1. Pursuant to Rule 19 (1) of the Energy Tribunal Rules 2008, The Tribunal, in its own motion, issues the following directions.
2. The dispute in this instant matter relates to wayleaves. Sections 5 to 21 of theEnergy (Complaints and Dispute Resolution) Regulations, 2012provide a clear procedure for handling of such disputes. The Plaintiff needs to exhaust the internal complaint handling mechanisms and thereafter file a dispute at the Energy and Petroleum Regulatory Authority (EPRA). If the Plaintiff is dissatisfied with the decision of EPRA, he/she can then appeal to the Tribunal.
3. The Plaintiff in this matter only filed the dispute at EPRA on January 18, 2023. Under Section 23 of the Energy Act , 2019, EPRA has a maximum of 60 days after a dispute has been filed to make a determination on the same. The prescribed period for making such a determination has not expired and the Plaintiff has invoked the Jurisdiction of this Honourable Tribunal prematurely.
4. This Appeal is therefore dismissed.
DATED AND DELIVERED AT NAIROBI THIS 1ST DAY OF MARCH, 2023. IN THE PRESENCE OF:………………………Mr. Kioko Kilukumi SC Chairperson………………………..Ms. Doris Kinya Mwirigi Vice Chairperson……………………………..Eng. Buge Hatibu Wasioya Member………………………….Mr. Feisal Shariff Ibrahim Member…………………………. Eng. Fidelis Muli Kavita MemberSIGNED BY: KIOKO KILUKUMI