Daniel Musau Mbithi v Kenya Power & Lighting Co. Ltd [2019] KEELC 3794 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Defendant's electric line over private land without compulsory acquisition or consent was lawful
The Defendant's conduct amounted to trespass; the Plaintiff proved his case on a balance of probability and is entitled to removal of the line and poles.
Section 53 of the Energy Act, 2006 permits laying electric supply lines over public property only. For private land, the Defendant must compulsorily acquire the land and pay compensation under Section 54. The Defendant neither acquired the land nor obtained the proprietor's permission, and adduced no evidence to controvert the Plaintiff's case, so the claim succeeded.
Whether the Plaintiff's ownership was invalidated by the late issuance of his Title Deed
No. The land was registered as private land in 1992 and the Plaintiff purchased it in 2007, so the 2018 issuance of the Title Deed did not defeat his ownership.
The court found that the Plaintiff bought the land first from Richard Mutuku Mutisya in 2007 and later from Masaku Nelson Kiloli in 2013. Although the title deed issued on 24th January 2018, after suit, the land itself was registered on 15th April 1992. The Defendant led no evidence on the circumstances of its line or to displace the Plaintiff's ownership.
Legal principles established
#- A licensee under the Energy Act may pass electric lines over public property but must compulsorily acquire private land and pay compensation before passing lines over it
- A registered proprietor's ownership is not defeated by the later issuance of the title deed where the land was registered before suit
Court orders
#- 1.An order compelling the Defendant to remove its electric supply line and pole(s) from the Plaintiff's parcel of land known as Ndalani/Ndalani/140
- 2.The Defendant to pay the costs of the suit
- Jurisdiction invoked
- Original civil jurisdiction over a claim for trespass and removal of electric supply lines from registered private land (Environment and Land Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Daniel Musau Mbithi v Kenya Power & Lighting Co. Ltd [2019] KEELC 3794 (KLR)", Case Analysis (2019). Plaint dated 30th March, 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3794/eng@2019-03-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.