This archive report was first published on 24 June 2021.
On June 24, 2021, the High Court delivered a significant verdict against Kenya Power, the country's electricity marketer.
The court found that Kenya Power had backdated power bills to recover Sh10.1 billion contained in its 2017 report. This move was deemed illegal by Justice James Makau, who ruled that demanding arrears from customers without supportive bills was against the law.
According to the judge, Kenya Power cannot back-peddle and claim money owed more than one year ago. The court barred the company from demanding Sh616,000 from a customer, which was part of the Sh10.1 billion it was chasing.
Justice Makau stated that even if Kenya Power had evidence to justify the big billed payment, the company's actions would be contrary to the national values, principles of good governance, integrity, transparency, and accountability, as outlined in Article 10 of the Constitution.
The court also found that Kenya Power acted with illegality, irrationality, and impropriety by furnishing the petitioner with estimated bills and not actual metered bills.
The case was filed by Mr. Alan Donovan, who claimed that Kenya Power had been issuing him with erroneous bills since 2008. He had filed several complaints with the company, but the situation did not improve.
Donovan requested a forensic audit of Kenya Power and the Sh10.1 billion it intended to charge customers.
