Waitiki v Kenya Power & Lighting Co. Limited (Environment & Land Case 87 of 2012) [2022] KEELC 13795 (KLR) (12 October 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 13795
- Citation
- [2022] KEELC 13795 (KLR)
- Decided
- 12 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from the original trialCoramLL NAIKUNI
Holding
Judgment against the Defendant for acts of trespass with costs, general and exemplary damages, and nominal damages awarded to the Plaintiff.
Facts
The Plaintiff, Evanson Waitiki, filed a suit against the Defendant, Kenya Power & Lighting Co. Limited, alleging trespass and seeking damages and costs.
Issues
- Whether the Defendant entered the Plaintiff's land without consent and permission
- Whether the parties are entitled to the relief sought
- Who will meet the costs of the suit
Reasoning
The Court found that the Defendant trespassed onto the Plaintiff's land without consent and awarded damages accordingly.
Outcome
Judgment in favor of the Plaintiff
Orders
- Judgment against the Defendant for acts of trespass with costs
- General and exemplary damages of Kshs 20,000,000
- Nominal damages of Kshs 1,000,000
- Defendant to bear costs plus interest at 14% per annum
Remedies
- Damages and costs awarded to the Plaintiff
Authorities cited
Legislation (2)
- Energy Act
- Constitution of Kenya, 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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