Reuben Wanjala Mwanzo v kenya power & lighting company limited [2018] KEELC 2553 (KLR)
The bottom line
#Kenya Power was held liable for trespass after damaging a farmer's land, but the farmer's Kshs. 80,000 claim was slashed to Kshs. 35,000 because his valuer's expertise was unproven.
What this practically means
#Executive summary
#Key legal issues
#Trespass by the defendant's agents
Trespass established; the defendant entered without notice or consent while supplying electricity to a neighbour
The court found the plaintiff is the registered proprietor of Kakamega/Soy/1728. The defendant, while supplying electricity to the plaintiff's neighbour, cut the barbed wire fence, dug three holes and damaged maize without notice to the plaintiff. The defendant admitted the error and offered compensation, confirming liability. The dispute was confined to quantum.
Weight of valuation/assessment evidence
Neither the plaintiff's assessor nor the defendant's Wayleaves officer proved expertise in valuing crops, trees and fencing posts
PW2 did not produce documentary proof of his qualifications as a valuer, did not measure the land, did not count the maize or the posts, and visited after the poles had been removed. The court doubted his status as a valuer. The defendant's Wayleaves officer equally did not demonstrate expertise in valuing crops, trees and fencing posts, so neither valuation could be adopted wholesale.
Quantum of damages
Special damages of Kshs. 25,000 and general damages of Kshs. 10,000 awarded, totaling Kshs. 35,000
Having rejected the competing expert valuations for lack of demonstrated expertise, the court nonetheless found from the record that 200 mature maize stalks, 4 fencing posts and one roll of barbed wire were destroyed, and made its own global assessment of special damages, with a modest award of general damages for the trespass.
Legal principles established
#- A person who claims special damages must prove both the loss and the competence of the valuer relied upon; unproven expertise undermines the valuation evidence.
- Entry onto private land to erect power lines without notice or consent is a trespass for which the entrant is liable to compensate even where it admits the error.
Court orders
#- 1.Special damages of Kshs. 25,000 awarded to the plaintiff
- 2.General damages of Kshs. 10,000 awarded to the plaintiff
- 3.Total award of Kshs. 35,000 plus costs and interest
- Jurisdiction invoked
- Not expressly stated; original civil jurisdiction over the trespass and damage claim
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Reuben Wanjala Mwanzo v kenya power & lighting company limited [2018] KEELC 2553 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2553/eng@2018-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.