Kenya Power has lost its bid to reverse a Ksh5.5 million compensation awarded to a Busia farmer due to a fire incident at his farm.
The Court of Appeal upheld a ruling which awarded Peter Nyangweso's the millions for the damages suffered at his farm. The court heard that the fire was caused due to an electrical fault.
The utility firm had requested the Appeal court to review an earlier decision issued by a Busia Magistrate court which had awarded the farmer Ksh5.5 million as damages.
The Busia Magistrate Court further cited negligence by Kenya Power which led to the fire incident that broke out in February 2011.
Judges Daniel Musinga, Patrick Kiage and Sankale ole Kantai however, ruled that the appeal lacked merit.
"We find that no injustice was caused by the learned judge in his determination, the appeal lacks merit and we dismiss it with costs," part of the judgement read.
Kenya Power had sought the review based on new evidence from an investigation report done by McLarens Young International, which it claimed could not be produced at the time of the hearing.
The report by McLarens Young International was meant to determine the circumstances that caused the fire incident.
The judges disputed the claims, citing that the utility firm delayed a whole month after the judgement made by the Busia Magistrate court in order to seek an appeal.
They questioned Kenya Power's tactics in submitting the evidence after the court ruling.
"There is no reason why the appellant (Kenya Power) did not inform the court of the existence of the report and give reasons for the delay for the court to make a decision on the way forward," the judges determined.
