Johnson Mainga Mogaka v Kenya Power and Lighting Company (Environment & Land Case 359 of 2014) [2021] KEHC 8407 (KLR) (11 March 2021) (Judgment)
- Court
- High Court of Kenya
- Case number
- 8407
- Citation
- [2021] KEHC 8407 (KLR)
- Decided
- 11 March 2021
The Court finds that the Defendant trespassed onto the Plaintiff's land and the trespass is continuous.
Facts
The Plaintiff, Johnson Mainga Mogaka, claims to be the registered owner of a parcel of land known as L.R. NO: WEST MUGIRANGO/BOGICHORA/397 in Nyamira County, Kenya. The Defendant, Kenya Power and Lighting Company, entered the suit property and cut down trees, cleared the ground, and installed a power transmission line without the Plaintiff's consent.
Issues
- Whether the Defendant trespassed on the suit property
- Whether the Plaintiff is entitled to damages for the trespass
Reasoning
The Defendant did not obtain the Plaintiff's consent to enter the land and lay the electric supply lines. The provisions of the Energy Act require prior permission and a notice accompanied by a statement of particulars.
Outcome
The Defendant is found to have trespassed on the Plaintiff's land.
Orders
- Judgment entered against the Defendant for trespass and damages
Remedies
- Damages for trespass
- Interest for damages
Authorities cited
Legislation (3)
- Energy Act, Cap 314
- Trespass Act, Cap 294
- Land Act, 2012
Cases cited (2)
- Black's Law Dictionary 10th Edition
- Otundo & Associates Valuers valuation report
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