Ochoki (Suing as the administrator of the Estate of Ochoki Mogeni - Deceased) v Kenya Power and Lighting Company Limited (Environment & Land Case 20 of 2022) [2025] KEELC 1076 (KLR)
The bottom line
#The court struck out a landowner's trespass suit against Kenya Power, ruling that energy disputes must first go through the Energy Act's dispute resolution channels.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction over a trespass claim arising from erection of electricity lines by a licensee
The Energy and Petroleum Tribunal has original civil jurisdiction over disputes between a licensee and a third party concerning wayleaves for laying electricity lines
The dispute concerns whether the licensee applicant had a wayleave to use the plaintiff's land to lay electricity lines. Section 36(3) of the Energy Act vests original civil jurisdiction over disputes between a licensee and a third party in the Tribunal, which can grant equitable reliefs including injunctions and damages. Prior decisions of Angima J and Dena J on similar facts were followed.
Doctrine of exhaustion notwithstanding the ELC's jurisdiction
Although the Environment and Land Court has jurisdiction under Article 162(2)(b), it should decline to exercise it where an alternative statutory mechanism exists and has not been shown to be ineffective
The court held that saying a court has no jurisdiction means no law vests power in it; here the ELC has jurisdiction over land disputes. However, following the exhaustion doctrine as articulated in Ramogi, Karume and Kabiru, a court with jurisdiction may avoid it where alternative mechanisms exist, and it was not shown those mechanisms were ineffective.
Legal principles established
#- Where there is an alternative dispute resolution mechanism established by law, parties must first exhaust that path before coming to court
- A court with jurisdiction may decline to exercise it under the doctrine of exhaustion
Court orders
#- 1.The plaintiff's case is struck out
- 2.The plaintiff is advised to first exhaust the dispute resolution mechanisms set out in the Energy Act
- 3.Each party to bear his/her own costs of the case
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya (Environment and Land Court) read with the doctrine of exhaustion under Article 159(2)(c) and the Energy Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ochoki (Suing as the administrator of the Estate of Ochoki Mogeni - Deceased) v Kenya Power and Lighting Company Limited (Environment & Land Case 20 of 2022) [2025] KEELC 1076 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1076/eng@2025-03-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.