Mogeni Tea Factory v Kenya Power & Lighting Co Limited [2018] KEHC 3570 (KLR)
- Court
- High Court of Kenya
- Case number
- 3570
- Citation
- [2018] KEHC 3570 (KLR)
- Decided
- 4 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary objection to jurisdictionCoramE. N. MAINA
Holding
The court upholds the preliminary objection and orders the parties to refer the dispute to the Energy Regulatory Commission for hearing and final determination.
Facts
The plaintiff filed a suit against the defendant regarding billing and metering issues. The defendant raised a preliminary objection claiming the court lacks jurisdiction.
Issues
- Whether the court has jurisdiction to hear the dispute
- Whether the Energy Commission or the Energy Tribunal has jurisdiction
Reasoning
The court finds that the Energy Act and Energy (Complaints and Dispute Resolution) Regulations provide mechanisms for resolving energy disputes, and thus the court lacks jurisdiction.
Outcome
The suit and Notice of Motion are struck out with costs to the defendant.
Orders
- The parties are to refer the dispute to the Energy Regulatory Commission
Authorities cited
Legislation (2)
- Energy Act Cap 314 Laws of Kenya
- Energy (Complaints and Dispute Resolution) Regulations, 2012
Cases cited (10)
- The owners of the Motor Vessel “Lillians” vs Caltex Oil (Kenya) Ltd
- The Energy Act Sections 108, 6 and 63
- The Electric Power (Complaints & Disputes Resolution) Rules 2006. Regulation 4
- Adero & Another vs Ulinzi Sacco Society Ltd
- The Owners and Master of Motor Vessel Joey vs the Owners and Masters of the Motor Tugs “Barbara” and “Steve B” Civil Appeal 286 of 2000
- Articles 165 (3), 162 (2) and 165 (5) of the Constitution of Kenya
- Hezekiel Oira vs EACC & Another (Nairobi Civil Case No. 285 of 2013)
- Nrb HCC No. 383 of 2013 – William Charles Fyda vs Lance P. Nadeau & Another
- COA Jones M. Musau & Another vs The Kenya Hospital Association & Another
- International Centre for Policy and Conflict & 5 others v The Hon. Attorney General & 4 others
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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