[2022] KEET 790 (KLR)

[2022] KEET 790 (KLR)

The Tribunal determined that, consistent with both statutory provisions and its own prior decision in a similar matter, it lacks jurisdiction to hear disputes over charges leading to disconnection or discontinuance of power supply until the complainant has first sought resolution from the Energy and Petroleum...

Source-derived case information.

Citation
[2022] KEET 790 (KLR)
Parties
Applicant: Selline R Steel; Respondent: Energy & Petroleum Regulatory Authority
Court
Energy & Petroleum Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Appeal EPA 019 of 2022
Procedural Posture
Tribunal Appeal / Directions
Outcome
Dispute referred to the Energy and Petroleum Regulatory Authority for resolution; Tribunal declined jurisdiction at this stage.
Judges
D.K Mwirigi, B.H Wasioya, F. M Kavita, Samuel Maina Karanja, D Jemator
Legal Topics
Regulatory Jurisdiction, Energy Sector Disputes
Source Language
en
Administrative Law Commercial and Corporate Regulatory Jurisdiction Energy Sector Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Selline R Steel

Applicant

Energy & Petroleum Regulatory Authority

Respondent

Procedural Posture

Tribunal Appeal / Directions

Legal Issues

  1. 1 Whether the Energy & Petroleum Tribunal has jurisdiction to hear disputes over charges leading to disconnection or discontinuance of power supply before exhaustion of remedies at EPRA.
  2. 2 Whether the dispute should first be referred to the Energy and Petroleum Regulatory Authority for resolution as per the Energy Act and relevant regulations.

Ratio Decidendi

The Tribunal determined that, consistent with both statutory provisions and its own prior decision in a similar matter, it lacks jurisdiction to hear disputes over charges leading to disconnection or discontinuance of power supply until the complainant has first sought resolution from the Energy and Petroleum Regulatory Authority (EPRA). The Tribunal relied on sections 159(3) and 160(3) of the Energy Act, 2019, and the Energy (Complaints and Disputes Resolution) Regulations, 2012, which require that such disputes be referred to EPRA in the first instance. The Tribunal thus referred the present dispute to EPRA for resolution, declining to exercise jurisdiction at this stage.

Court Disposition

Dispute referred to the Energy and Petroleum Regulatory Authority for resolution; Tribunal declined jurisdiction at this stage.

Orders

  • The dispute is referred to the Energy and Petroleum Regulatory Authority (EPRA) for resolution in accordance with the Energy Act and relevant regulations.