[2022] KEET 833 (KLR)

[2022] KEET 833 (KLR)

The tribunal determined that it lacked jurisdiction to hear the dispute at this stage because, under the Energy Act, 2019 and the Energy (Complaints and Disputes Resolution) Regulations, 2012, disputes relating to electricity charges and disconnection must first be referred to the Energy and Petroleum Regulatory...

Source-derived case information.

Citation
[2022] KEET 833 (KLR)
Parties
Plaintiff: Kyalo Mbobu; Respondent: Kenya Power and Lighting Limited KPLC
Court
Energy & Petroleum Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case E029 of 2022
Procedural Posture
Civil / Ruling
Outcome
Dispute referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution; tribunal declined jurisdiction.
Judges
D.K Mwirigi, B.H Wasioya, F.S Ibrahim, Samuel Maina Karanja, D Jemator, F. M Kavita
Legal Topics
Energy Regulation, Regulatory Jurisdiction, Dispute Resolution
Source Language
en
Administrative Law Commercial and Corporate Energy Regulation Regulatory Jurisdiction Dispute Resolution

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kyalo Mbobu

Plaintiff

Kenya Power and Lighting Limited KPLC

Respondent

Procedural Posture

Civil / Ruling

Legal Issues

  1. 1 Whether the Energy and Petroleum 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 for resolution in accordance with the Energy Act and relevant regulations.

Ratio Decidendi

The tribunal determined that it lacked jurisdiction to hear the dispute at this stage because, under the Energy Act, 2019 and the Energy (Complaints and Disputes Resolution) Regulations, 2012, disputes relating to electricity charges and disconnection must first be referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution. The tribunal relied on its previous decision in Joyce Deche Kai v Kenya Power and Lighting Company, which established that the tribunal should not exercise jurisdiction in the first instance for such matters. Accordingly, the tribunal referred the dispute to EPRA for determination, in compliance with the statutory and regulatory framework governing...

Court Disposition

Dispute referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution; tribunal declined jurisdiction.

Orders

  • The dispute is referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution.
  • The tribunal declines to exercise jurisdiction at this stage.