[2021] KEHC 947 (KLR)
The court found that the applicant had demonstrated sufficient urgency to warrant the matter being heard during the court recess. Further, the court was satisfied that a prima facie case had been established for the grant of an interim mandatory conservatory order to restore electricity supply to the applicant's...
Source-derived case information.
- Citation
- [2021] KEHC 947 (KLR)
- Parties
- Applicant: Prof. Dr. Moni Wekesa; Respondent: Kenya Power & Lighting Co. Ltd; Respondent: Energy & Petroleum Regulatory Authority
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 11 of 2021
- Procedural Posture
- Constitutional Petition / Interlocutory Application for Urgent Conservatory Orders
- Outcome
- interim mandatory conservatory order granted ex parte; matter certified urgent and leave granted for hearing during recess
- Judges
- RE Aburili
- Legal Topics
- Conservatory Orders, Interim Relief, Right to Fair Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prof. Dr. Moni Wekesa
Applicant
Kenya Power & Lighting Co. Ltd
Respondent
Energy & Petroleum Regulatory Authority
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application for Urgent Conservatory Orders
Legal Issues
- 1 Whether the application for urgent hearing during recess should be granted.
- 2 Whether a prima facie case has been established for the grant of interim mandatory conservatory orders to restore electricity supply.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient urgency to warrant the matter being heard during the court recess. Further, the court was satisfied that a prima facie case had been established for the grant of an interim mandatory conservatory order to restore electricity supply to the applicant's rural home, pending inter partes hearing. The court exercised its discretion to grant the orders ex parte, noting that the applicant would serve the respondents for further directions on a specified date. The orders were made to prevent irreparable harm and to preserve the subject matter of the petition until the application could be heard inter partes.
Court Disposition
interim mandatory conservatory order granted ex parte; matter certified urgent and leave granted for hearing during recess
Orders
- The 1st Respondent, Kenya Power and Lighting Co. Limited, is ordered to restore power supply for consumption by the Applicant/Petitioner Prof. Dr. Moni Wekesa at his rural home on Account No. 36444685 on Plot No. 883 Muhuni in Navakholo within Kakamega County, forthwith upon service of this order.
- The Applicant/Petitioner to serve the Respondents with this order and the application and petition for inter partes directions on 6th January 2022.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION NO. 11 OF 2021
(ORIGINATING FROM KAKAMEGA CONST. PET. 12/2021)
PROF. DR. MONI WEKESA.............................................PETITIONER/APPLICANT
VERSUS
KENYA POWER & LIGHTING CO. LTD.....................................1ST RESPONDENT
ENERGY & PETROLEUM REGULATORY AUTHORITY.......2ND RESPONDENT
RULING
1. I have considered the application for leave to be heard during the recess. I am satisfied that the matter is urgent and deserves to be considered during the recess. I certify it as urgent and grant the applicant/petitioner leave to be heard during the recess.
2. On the prayer for an interim mandatory conservatory order, I have considered the application, prayers sought therein and in the petition and the highlights by Ms. Wekesa Advocate for the Petitioner/applicant and I am satisfied that at this stage, a prima facie case is established for an ex parteorder to issue, pending inter partes hearing.
3. I therefore make the following orders:
(1) That pending the interpartes consideration of the Applicant/Petitioner’s application dated 21/12/2021, the 1st Respondent Kenya Power and Lighting Co. Limited be and is hereby ordered to restore power supply for consumption by the Applicant/Petitioner Prof. Dr. Dr. Moni Wekesa at his rural home on Account No. 36444685 on Plot No. 883 Muhuni in Navakholo within Kakamega County, forthwith upon service of this order upon the Kenya Power and Lighting Co. Limited at Kakamega Offices who are proximate to the applicant’s home.
(2) That the Applicant/Petitioner to serve the Respondents with this order and the application and petition for inter partes directions on 6th January 2022.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 31ST DAY OF DECEMBER, 2021
R.E. ABURILI
JUDGE