Kenya Power to pay firm Sh13m over burnt grass

Kenya Power personnel at work in Tetu, Nyeri, July 3, 2015. [Kibata Kihu, Standard]

The High Court has ordered Kenya Power to pay Lawina Company Limited Sh13,527,000 as compensation for loss of pasture in a fire outbreak.

Judge Roseline Lagat-Korir sitting in Nakuru made the order last week, following damages the company incurred nine years ago.

The company had sued the State agency, claiming that one of its high-voltage power supply cables started a fire, which consumed 86 acres of Rhodes grass.

The fire also destroyed fencing posts, droppers, chain links and barbed wire, causing damages amounting to Sh21,172,600.

The fires broke out in two incidents on February 15, 2012, and March 12, 2012. A witness, Peter Lagat, testified that the power transmission lines fell and caused the fire.

The company said the destroyed pasture could have been harvested for three years between 2012 and 2014.

It further argued that the power distribution company's negligence in handling the electricity transmission cables resulted in damage of their property.

Kenya Power, however, denied all the allegations.

While admitting that it had installed transmission cables along Lawina property, Kenya Power denied that the cables were of high voltage as alleged or that the poles holding them fell and started a fire, which damaged the property.

Further, it stated that it had no statutory duty to make compensation to Lawina for loss or damage of any electric supply line or by reason of any defect in the transmission line.

Justice Korir, in the judgment, said having considered the evidence before her and the defendant’s expert report dated May 17, 2012, she found that the fire that occurred in February 2012 was caused by KPLC’s pole and 11kv overhead conductors, which fell.

“This caused sparks on the dry pasture, leading to the fire outbreak,” reads the judgment.

The judge said it was clear Kenya Power bore a duty of care towards Lawina Company, which suffered a loss as a result of the omission of that duty by the power company. Both fires as per the judgment were attributed to KPLC's negligence.