[2019] KEHC 5212 (KLR)

[2019] KEHC 5212 (KLR)

The court found that, in light of Article 159 of the Constitution which encourages alternative dispute resolution, and considering the protracted nature of the dispute, it is appropriate to refer the matter to court annexed mediation. The court also considered the defendant's preliminary objection regarding the jurisdiction of the Energy Regulatory Commission but determined that mediation would be a more efficient and cost-effective mechanism for resolving the dispute at this stage. Consequently, the court stayed the proceedings and directed that the matter be mentioned before the Mediation Registrar for appointment of an accredited mediator, with a timeline of 60 days for mediation and a...

Citation
[2019] KEHC 5212 (KLR)
Parties
Plaintiff: Samuel Mbora Gitonga (Suing as administrator of the estate of Mburu Gachagua also known as Mbora Gachagua); Defendant: Kenya Power & Lighting Co. Ltd
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
11 July 2019
Case Number
Civil Case 122 of 2009
Procedural Posture
Civil Case / Ruling on Referral to Mediation and Stay of Proceedings
Outcome
Suit stayed and referred to court annexed mediation.
Judges
JK Mulwa
Legal Topics
Electricity Supply Disputes, Court Annexed Mediation, Preliminary Objection, Jurisdiction of Regulatory Commissions, Damages for Loss of Income, Alternative Dispute Resolution Mechanisms
Source Language
English
Civil Procedure Commercial and Corporate Alternative Dispute Resolution Electricity Supply Disputes Court Annexed Mediation Preliminary Objection Jurisdiction of Regulatory Commissions Damages for Loss of Income +1 more

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Parties

Samuel Mbora Gitonga (Suing as administrator of the estate of Mburu Gachagua also known as Mbora Gachagua)

Plaintiff

Kenya Power & Lighting Co. Ltd

Defendant

Procedural Posture

Civil Case / Ruling on Referral to Mediation and Stay of Proceedings

Legal Issues

  1. 1 Whether the dispute should be referred to court annexed mediation instead of proceeding to full trial.
  2. 2 Whether the Energy Regulatory Commission has jurisdiction over the dispute under Section 61(3) of the Energy Act No. 12 of 2006.
  3. 3 Whether the court should stay proceedings pending mediation.

Ratio Decidendi

The court found that, in light of Article 159 of the Constitution which encourages alternative dispute resolution, and considering the protracted nature of the dispute, it is appropriate to refer the matter to court annexed mediation. The court also considered the defendant's preliminary objection regarding the jurisdiction of the Energy Regulatory Commission but determined that mediation would be a more efficient and cost-effective mechanism for resolving the dispute at this stage. Consequently, the court stayed the proceedings and directed that the matter be mentioned before the Mediation Registrar for appointment of an accredited mediator, with a timeline of 60 days for mediation and a...

Court Disposition

Suit stayed and referred to court annexed mediation.

Orders

  • The matter is referred to court annexed mediation before the Mediation Registrar.
  • An accredited mediator shall be appointed to guide the parties through mediation within 60 days.