This archive report was first published on 5 August 2020.
On August 5, 2020, the High Court ordered Kenya Power to pay a couple Sh40 million for trespassing into their land in Ngong area and erecting high power cables.
The court found that the power utility company had trespassed into the land belonging to George Joseph Kang'ethe and Ella Karwitha in 2013, against procedural requirements.
Kenya Power is not the only utility firm to face such rulings. The Kenya Electricity Transmission Company (Ketraco) and the Rural Electrification Authority (REA) have also faced court suits and fines for trespass.
According to the Energy Act, utility firms are required to seek consent from land owners before entering and laying cables or electric poles, petroleum or gas pipelines, or drilling exploratory wells.
Even in instances where a private land owner cannot be traced immediately, the law demands that he or she be granted a 15-day notice through appropriate mass channels.
Utility firms have no excuse to continue contravening the law and causing unnecessary burden on the taxpayer through court fines and fees.