Kenya Power and Lighting Company Limited v Gimalu Health Estate Limited [2020] KEELC 3783 (KLR)
- Court
- Environment & Land Court
- Case number
- 3783
- Citation
- [2020] KEELC 3783 (KLR)
- Decided
- 31 January 2020
The Court held that the Plaintiff did not have the authority to construct the transmission line over the Defendant's land and that the Defendant's consent was not valid and binding.
Facts
The Plaintiff, Kenya Power and Lighting Company Limited, filed a suit against the Defendant, Gimalu Health Estate Limited, claiming an order of injunction and compensation for damages caused by the construction of a 220KV transmission line.
Issues
- Whether the Plaintiff had the authority to construct the transmission line over the Defendant's land
- Whether the Defendant's consent was valid and binding
Reasoning
The Court found that the Plaintiff did not have the necessary authority under the repealed Electric Power Act to construct the transmission line over the Defendant's land. The Defendant's consent was also deemed invalid as it was not signed by a duly authorized representative.
Outcome
The Plaintiff's claim for an injunction and compensation was dismissed.
Orders
- The Plaintiff's claim for an injunction was dismissed.
- The Plaintiff's claim for compensation was dismissed.
Authorities cited
Legislation (2)
- Electric Power Act, No. 11 of 1997
- Energy Act, 2006
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