Cape Suppliers Limited v Kenya Power & Lighting Company PLC (Environment & Land Case E307 of 2021) [2024] KEELC 3462 (KLR)
The bottom line
#Kenya Power must pay a landowner KES 50 million for running power lines across private land without permission, and negotiate a wayleave agreement within 90 days.
What this practically means
#Executive summary
#Key legal issues
#Ownership of the suit land
The plaintiff is the lawful registered proprietor of LR No. 36/IV/14 (20A)
The plaintiff produced a copy of the title and an Indenture of Conveyance showing current and previous ownership. The defendant alleged the land was government land but produced no evidence. PW2 testified no reservations or easements appeared on the Survey of Kenya map. Ownership was therefore established.
Trespass by erection of 66KV power lines
The defendant trespassed and the trespass is continuing, as no consent of the plaintiff was obtained as required by the Energy Act
The Energy Act (ss. 46, 47 and 52) requires prior permission of the landowner, notice with particulars of entry, and compensation. The defendant never sought the plaintiff's permission, did not give such notice, and did not compensate the plaintiff. Its presence and power lines on the land are therefore a continuing trespass.
Quantum of compensation
General damages of Kshs. 50,000,000 awarded; removal of lines impractical; parties directed to negotiate a wayleave under Section 148 of the Land Act
Trespass being actionable per se, damages required assessment on the facts. The plaintiff's valuation and loss of rental income claims were unrebutted, but removal of the line would incapacitate power supply and pose public interest concerns. The court awarded general damages and directed negotiation of a proper wayleave agreement within 90 days.
Legal principles established
#- Trespass to land is actionable per se; no proof of specific damage is required.
- Permission of the landowner is required before entering land to lay electric supply lines, with notice and statement of particulars of entry.
- Wayleaves are governed by Part X of the Land Act, 2012, with compensation provided under Section 148.
Court orders
#- 1.General damages in the sum of Kshs. 50,000,000/- for trespass with interest at court rates from the date of judgment until payment in full
- 2.The defendant directed to negotiate a proper wayleave agreement/right of way with the plaintiff as per Section 148 of the Land Act 2012 within 90 days from the date of judgment
- 3.Either party has liberty to apply
- 4.Costs of the suit to be borne by the defendant
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land (jurisdiction confirmed in prior Ruling dated 15/03/2022)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kenya Power & Lighting Company PLC v Wamwere (Environment and Land Appeal E038 of 2022) [2025] KEELC 559 (KLR)[2025] KEELC 559 (KLR)13 Feb 2025
Cite this brief
#Cite this brief
Caselaw, "Cape Suppliers Limited v Kenya Power & Lighting Company PLC (Environment & Land Case E307 of 2021) [2024] KEELC 3462 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3462/eng@2024-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.