Kenya Power & Lighting Co Ltd v Joseph Kinyanjui Mwai T/A Sandworth Printing & Packaging [2012] KECA 11 (KLR)

Facts

Respondent filed a complaint with the Energy Regulatory Commission claiming damages for loss of electricity bills and irregular disconnection. The complaint was dismissed, and the respondent appealed to the Energy Tribunal. The appeal was dismissed, and the respondent had thirty days to file an appeal to the High Court, which he did not do.

Issues

1. Substantive law and procedure governing appeals from the Energy Tribunal to the High Court
2. Whether the provisions of the Third Schedule of the Energy Act constitute a different procedure under the Civil Procedure Act
3. Whether the Energy Tribunal is a subordinate court and whether the Civil Procedure Act and Rules apply to appeals from the Energy Tribunal to the High Court
4. Whether the Energy Act ousts the provisions of the Civil Procedure Act
5. Whether the learned judge had the power to override the express provisions in the Energy Act as passed by Parliament
6. Whether the learned judge treated the Energy Tribunal as a subordinate court and held that the Civil Procedure Act and Rules applied to an appeal from the Energy Tribunal to the High Court
7. Whether the Energy Tribunal does not fall within the definition of

Reasoning

The court dismissed the appeal due to the respondent's failure to file the appeal within the stipulated time and the inordinate delay of three months which was not explained. The court also noted that the learned judge did not address the merit of the appeal.

Outcome

Appeal dismissed

Authorities cited