Court fine Kenya Power Sh2.1million for electric surge damages to homeowner in Taita-Taveta
Ephraim Mwagafwa, a disenfranchised homeowner in Wundanyi, Taita-Taveta county whose lifetime family home investments was extensively damaged due to electric fault has a sigh of relief after the High Court slapped the power utility firm, Kenya Power with Sh2million demand as compensation to him
The High Court has awarded Mwagafwa Sh2.1 million for his property razed due to an electric fault.
A lower court had earlier absolved Kenya Power and Lighting Company(KPLC) of blame for the inferno but High Court Judge George Dulu said the firm was responsible for the destruction of Mwagafwa’s house.
Mwagafwa sued Kenya Power and demanded compensation for his house that was razed.
According to him, the cause of the fire was an electric fault but principal magistrate D. Wangeci dismissed his claim on October 3, 2022, saying his evidence was insufficient.
Justice Dulu, however, said it was not disputed that KPLC was the only supplier of electric power, and the loss adjusted specifically referred to electric cable as the cause of the fire.
“Secondly, once proof on balance of probabilities was done by the appellant, as happened in this case, the evidential burden shifted to the respondent to show that as a monopoly power supplier, they were not to blame.” The judge ruled.
Robert Ochieng, an insurance loss adjuster who assessed the damage, told the trial magistrate that the suspected cause of the fire was an electric cable.
However, KPLC called Kingai Muruga, an assistant engineer working for the company, who stated that after visiting the house filed a report saying the meter box and cut-out breaker were intact, and the power supply and customer network were intact.
The trial magistrate noted that because the cutout breaker was intact, as well as the meter box, no liability could be attached to KPLC.
The customer appealed stating the magistrate failed to consider the submissions made before her.
