Thread by @mmnjug

.@KenyaPower is set to sink into a loss-making territory after a court ruled that it is illegal to demand backdated electricity bills. - @NationAfrica

While ruling on a case filed by Alan Donovan against KPLC for erroneous billing, Justice James Makau also said it is a contravention of the Constitution (Article 46) for @KenyaPower to fail to provide a breakdown and justification of the demanded payment for supplied power.

The judge stopped KPLC from billing or recovering from the businessman a backdated electricity bill based on the Sh10.1B contained in the Annual Report and Financial statements for the year ended June 30, 2017.

The State power distributor and marketer had demanded Sh616,600 in backdated electricity bills from Mr Donovan, the proprietor of African Heritage House. The bill had been backdated from November 2016 to March 2018 (21 calendar months).

Mr Donovan stated that the entire period from November 2016 to March 2018 when the KPLC claimed it under-billed him, he was still paying his electricity bills and the resultant billing statements generated by the utility firm indicated lack of any arrears.

But Justice Makau held that even where KPLC would have with evidence, justified such big billed payment, many years back, in his view Article 10 of the Constitution would prohibit it from back billing for a period of more than one year (12 calendar months preceding).

Justice Makau ruled that backdating the bills would be contrary to the National Values, Principles of Good Governance, Integrity, Transparency and Accountability and Sustainable Development.

The businessman had alleged that his right to goods and services of reasonable quality and to information necessary for him to gain full benefit from goods and services had been and was being contravened by KPLC.

He said the contravention of his rights was due to KPLC's unwarranted backdated billing, disconnection of power and continued demands of backdated consumption of electricity supply not billed when they fell due for payment.

He contended that since 2008 the @KenyaPower has been issuing him with erroneous and controversial electricity bills as a result of their making estimates, an issue which he has for the longest time complained about.

It was asserted that the utility firm has been aware of the numerous complaints raised by the businessman vide letters and personal visits by himself and his representatives to the company's Nairobi South offices in Kitengela.

He stated that on June 18, 2018 he received a customer billing statement from KPLC with an inflated electricity supply bill of Sh616,600 while he had dutifully paid his bills as and when they fell due.

He added that the response by Kenya power indicated it had conceded that it never accurately billed him when the electricity was supplied, consumed and fell due for payment for the period of 21 months.

.@KenyaPower, through Emily Kirui, its Chief Legal Officer, Litigation and prosecution, told court that in carrying out its routine activities, it found that the businessman's account had been billed incorrectly over the period -November 2016 to March 2018.

She said this necessitated a recalculation of his bill in order to issue a correct bill based on verifiable consumed units of electricity, for the period.

She said Mr Donovan's bill was found to have been undercharged by 28,758 units during the period. However, the judge found KPLC slapped the Petitioner with a bill of Sh616K notwithstanding that there was no evidence of existing unpaid bills on a monthly basis by him.

Nor is there cogent evidence that has been advanced why such a colossal sum was being demanded as arrears without supportive bills. Secondly the same was demanded when the petitioner lodged a complaint with KPLC - Justice Makau

It was ruled that @KenyaPower was under duty and obligation to satisfy the court that the units claimed were consumed by the businessman are worth the sum of Sh616,600 and were indeed consumed by him during what period.

The court declared that the electricity supply bill of Sh616,600 issued to the petitioner is without basis and or justification and directed Kenya Power to bill him based solely on the actual meter readings on the tariffs set and approved by law.

The court also issued an order directing KPLC to correct or delete all untrue or misleading information in the electricity bills that affects the businessman.

Another declaration was that KPLC violated the businessman's right to goods and services of reasonable quality and the enjoyment of their full benefit, which occasioned him loss of money as a resource and time spent following up on the issues he has been raising with the KPLC.

The court also ruled that KPLC violated its guaranteed right to goods and services of reasonable quality and gaining full benefit of the said goods and services as prescribed by Article 46 of the Constitution.

Justice Makau has ruled that @KenyaPower cannot demand backdated power bills that are more than 12 preceding months old bit.ly/35WIzIY via @NationAfrica