Rogoi v Regional Manager Kenya Power & Lighting Co. Ltd Mt. Kenya Region (Environment & Land Case E009 of 2022) [2023] KEELC 17994 (KLR) (16 June 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 17994
- Citation
- [2023] KEELC 17994 (KLR)
- Decided
- 16 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramJO OLOLA
Holding
The court dismissed the defendant's preliminary objection and found that the court has jurisdiction to hear the case. The court ruled in favor of the plaintiff on the claims of trespassing and illegal installation of electrical wires.
Facts
Emilus Kiiru Rogoi filed a suit against the Regional Manager, Kenya Power & Lighting Company Limited Mt. Kenya Region, alleging that the defendant installed and connected electrical wires to a stranger's home without his permission, and that the defendant's actions have caused damage to his land.
Issues
- Whether the court has jurisdiction to hear the case
- Whether the defendant's actions constitute trespassing and illegal installation of electrical wires
Reasoning
The court ruled that the defendant's actions constitute trespassing and illegal installation of electrical wires, and that the court has jurisdiction to hear the case.
Outcome
In favor of the plaintiff
Remedies
- A declaration that the defendant company did a serious mistake for installing and connecting electrical wires in the plaintiff's land parcel No Gikondi/Gikondi/326 to a home of a stranger who illegally occupied a portion of this land without the permissions of the plaintiff
- An order that the defendant company put electrical cables through the land parcel No Gikondi/Gikondi/326 to the land parcel No Gikondi/Gikondi/327 without a way leave signed by the company
- The costs of this suit and interest at court rates
- Removal of the wires which pass through the plaintiff's land Gikondi/Gikondi/326 without a signed way leave
Authorities cited
Legislation (4)
- Civil Procedure Act, 2010
- Energy Act, 2019
- Energy (Complaints and Disputes Resolution) Regulations, 2012
- 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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