Ahmed Sheikh Amin Msellem v Kenya Power & Lighting Company Ltd [2020] KEELC 3238 (KLR)
- Court
- Environment & Land Court
- Case number
- 3238
- Citation
- [2020] KEELC 3238 (KLR)
- Decided
- 28 February 2020
The court declared the actions of the Defendants unlawful, illegal, and a violation of the Plaintiff's right to property. It ordered the Defendants to pull down and remove the power lines at their cost and to pay the Plaintiff compensation for the damages caused by felling down mature trees.
Facts
The Plaintiff, Ahmed Sheikh Amin Msellem, claimed that Kenya Power & Lighting Company Ltd and Rural Electrification Authority encroached and constructed a power line over his property without his consent, damaging his land and trees.
Issues
- Whether the actions of the Kenya Power & Lighting Company Ltd and Rural Electrification Authority in encroaching and constructing a power line over the Plaintiff's property is unlawful, illegal, and a violation of the Plaintiff's right to property.
- Whether an order should be issued by the court compelling the Defendants to pull down and remove the power lines erected on the suit property.
- Whether an order should be issued compelling the Kenya Power & Lighting Company Ltd to provide compensation for the damages occasioned by felling down mature trees on the subject plot.
Reasoning
The court found that the Defendants did not have the Plaintiff's consent to construct the power line and that the Plaintiff's land and trees were damaged. The court held that the Defendants must take full responsibility for their actions.
Outcome
The Plaintiff's suit is merited, and the court granted the orders sought in the Originating Summons.
Orders
- A declaration that the actions of the Defendants in encroaching and constructing a power line over the Plaintiff's property is unlawful, illegal, and a violation of the Plaintiff's right to property.
- An order directing the Defendant to pull down and remove the power lines erected on the suit property at their cost.
- An order compelling the Kenya Power & Lighting Company Ltd to pay the Plaintiff the sum of Kshs 274,560/- as compensation for the damages occasioned by felling down mature trees on the suit property.
- The Plaintiff shall have the costs of the Originating Summons.
Remedies
- Compensation for the damages caused by felling down mature trees on the suit property.
- Removal of the power lines erected on the suit property at the cost of the Defendants.
Authorities cited
Legislation (2)
- Constitution of Kenya
- Electricity Act
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