High Court Gives Kenya Power New Orders on Electricity Bills

The High Court of Kenya has issued an order to Kenya Power instructing the electricity company to cease issuing inflated power bills to consumers.

Ruling in a petition filed by lawyer Apollo Mboya, Justice Chacha Mwita additionally granted leave to those wishing to be enjoined in the petition to forward their applications.

"Kenya Power Company and the Energy Regulation Commission are hereby ordered to stop and cease the billing of electricity consumers with inflated backdated electricity bills to recover Sh10.1 Billion contained in their Annual Report and Financial Statements for the year ending June 30, 2017, until January 30, 2018," the court ruling read in part.

The court papers seen by Kenyans.co.ke outlined that the temporary orders were granted pending further directions on January 30.

[caption caption="File image of High Court Justice Chacha Mwita"][/caption]

Lawyer Mboya moved to court on Thursday in a class action lawsuit accusing the electricity company of monopoly and dominance.

"I received over 600 emails with complaints that can be classified into broad categories as follows: overbilling, reduction in units, malfunctioning equipment, quality of electricity, customer care, bill adjustments, unexplained and fluctuating tariffs, standard charges exceeding the value of actual electricity and standing amounts deducted from some accounts.

"Unless the prayers in the application and petition are granted, the first respondent (Kenya Power) will continue to violate the consumer rights of the petitioners and their customers," Mboya's court papers read in part.

He further sought to have the court declare that Kenya Power has made false or misleading representation with respect to electricity tariffs and bills to its customers, thereby, infringing on their consumer rights.

In a letter to Competition Authority of Kenya (CAK) Director-General Wang'ombe Kariuki, the electricity company admitted that the bills had indeed been inflated and blamed errors resulting from a newly implemented billing system for the inflated bills.

"I believe there is a big heist happening at KPLC and I have a back up for that; that is why I am confident," Mr Mboya stated.

[caption caption="Lawyer Apollo Mboya"][/caption]