Kenya Power & Lighting Co. Ltd. v James Onunga Otieno & 2 others [2017] KEHC 2938 (KLR)
- Court
- High Court of Kenya
- Case number
- 2938
- Citation
- [2017] KEHC 2938 (KLR)
- Decided
- 12 October 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of Hon. B. Kasavuli (Senior Resident Magistrate) in Winam PMCC No. 52 of 2013CoramGBM Kariuki, KLR Ong'udi
Holding
The appellant is wholly liable and the appeal is dismissed with costs to the Respondents.
Facts
The 1st Respondent's son was electrocuted at Obunga in Kisumu. The 1st Respondent sued the appellant for special and general damages, alleging the appellant illegally connected electricity to a barbed wire fence from the 2nd Respondent's meter box. The appellant admitted an electrocution occurred but denied liability.
Issues
- Whether the appellant was liable for the electrocution of the 1st Respondent's son
- Whether the appellant owed a duty of care to the public regarding the safety of its network
Reasoning
The court found the appellant responsible for transmitting and distributing electricity to Obunga, and owed a duty of care to the public. The appellant's failure to conduct routine inspections and maintenance was considered negligence.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs to the Respondents
Authorities cited
Cases cited (2)
- Kenya Power & Lighting Co. Ltd. V. Irene Chemutai [2015]eKLR
- Kenya Power & Lighting Co. Ltd. V. Joseph Khaemba Njoria [2005]eKLR
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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