[photo: Kenyan wallstreet]
Dec, 15th 2020 – Kenya Power has lost its bid at the Court of Appeal to reverse a sh5.5 million compensation that was awarded to a Busia farmer whose crops and fodder were destroyed in a fire incident following an electricity fault reversed.
A Busia magistrate court awarded Peter Nyangweso Ramoya Sh5.5 million, citing negligence by the utility firm in a fire incident in February 2011, which destroyed crops and fodder.
The judges observed Kenya Power’s unreasonably delayed in submitting the evidence despite having three days before the delivery of the July 2013 judgment.
Judges Daniel Musinga, Patrick Kiage and Sankale ole Kantai said, “We find that no injustice was caused by the learned judge in his determination, the appeal lacks merit and we dismiss it with costs.“
The judges further faulted Kenya Power for waiting for a whole month after the judgment to bring the new evidence to the attention of the court.
However, the judges established that the utility firm was aware of the existence of the report as early as 2012 which they say was based on the supporting affidavit sworn by the Kenya Power’s insurance officer. This was after Kenya Power sought the review based on an investigation report from McLarens Young International, which at the time of judgement it did not have.
They said, “There is no reason why the appellant did not inform the court of the existence of the report and give reasons for the delay for the court to make a decision on the way forward.”
McLarens Young International was instructed by APA to investigate into the circumstances under which the fire occured.