Jared Okongo Manyibe & 2 others v Kenya Power & Lighting Company & another [2020] KEELC 851 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiffs established a prima facie case
No prima facie case was established; the plaintiffs failed to demonstrate ownership of the parcels of land or that the 1st defendant's notice was unlawful
The court found the notice complained of concerned structures on a high voltage power line wayleave corridor, and it was not disputed that encroachment on such a corridor is illegal. The plaintiffs did not demonstrate ownership of the plots individually or as a group, did not show the 2nd defendant did anything wrong, and did not challenge the evidence showing buildings constructed under high voltage power lines. The standard of proof is on a balance of probabilities.
Irreparable harm
Irreparable harm not compensable by damages was not proved; any loss would be limited to the cost of the structures, which the 1st defendant could compensate
In the absence of title to the land, the court could not see the plaintiffs' possible loss beyond the costs of the structures. The court noted it had not been suggested the 1st defendant could not compensate the plaintiffs for the structures if, at trial, the plaintiffs proved the structures were not on the wayleave corridor and their demolition was illegal. The second Giella ground therefore also failed.
Balance of convenience and public interest
The balance of convenience favours the 1st defendant because of its statutory mandate and the danger the structures pose to the public
Although it was not strictly necessary to consider the balance of convenience after failing on the first two grounds, the court held that the 1st defendant's statutory mandate to transmit, distribute and supply electricity, and the danger posed by structures under high voltage lines, meant public interest must prevail over the plaintiffs' private interests.
Legal principles established
#- An applicant for an interlocutory injunction must show a prima facie case with a probability of success, irreparable injury not adequately compensable by damages, and if in doubt the court decides on the balance of convenience
- Connection of structures to electricity or water supply and payment of land rent do not confer legality on structures unlawfully erected on a power line wayleave corridor
Court orders
#- 1.The plaintiffs' Notice of Motion dated 20th December, 2018 is dismissed
- 2.Costs of the application awarded to the 1st defendant
- Jurisdiction invoked
- Original jurisdiction under the Environment and Land Court Act (not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jared Okongo Manyibe & 2 others v Kenya Power & Lighting Company & another [2020] KEELC 851 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/851/eng@2020-10-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.