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MagistrateDismissedNot stated in the judgment· [2026] KEMC 328 (KLR)

Placid View Properties Limited t/a Ole Sereni Hotel v Kenya Power and Lighting Company Ltd (Civil Suit E4833 of 2025) [2026] KEMC 328 (KLR)

Magistrates' Court
22 July 2026
4,517 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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A Nairobi Magistrates' Court ruled it can hear a negligence claim over damaged electrical equipment, rejecting the argument that only the energy regulator handles such disputes.

What this practically means

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Executive summary

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The Defendant filed a Notice of Preliminary Objection dated 14th October 2025 challenging the Magistrates' Court's jurisdiction to entertain a claim for Kshs. 4,197,964.00 in special damages arising from alleged negligent electricity supply on 23rd February 2023, which caused a voltage surge damaging the Plaintiff's voltage stabilizer and submersible pump. The Defendant contended that electricity supply disputes fall exclusively within EPRA's mandate under the Energy Act, No. 1 of 2019, and that the Plaintiff ought to have exhausted statutory dispute resolution mechanisms before filing suit. The Plaintiff maintained that the claim is an ordinary tort action in negligence properly before the civil court. The court framed four issues: whether the objection was a proper preliminary objection, whether the court lacked jurisdiction, whether exhaustion was required, and costs. Applying Mukisa Biscuit, the court found the jurisdictional challenge was a pure point of law and properly raised. However, on the merits, it held that Sections 9, 10 and 36 of the Energy Act do not confer adjudicatory power over negligence claims on EPRA or the Energy and Petroleum Tribunal, and that ouster of jurisdiction requires express and unequivocal statutory language. The doctrine of exhaustion, though important, applies only where the alternative forum can grant the relief sought; EPRA cannot conduct a negligence trial, assess special damages or enter executable judgment. The court followed the Court of Appeal decision in Livingstone Mbugua as binding and distinguished the High Court authorities relied on by the Defendant. The Preliminary Objection was dismissed, the court's jurisdiction declared, mention set for 26th August 2026, and costs of the objection awarded to the Plaintiff.

Key legal issues

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01

Whether the objection qualifies as a proper preliminary objection under Mukisa Biscuit

Holding

The objection raising jurisdiction is a pure point of law and satisfies the Mukisa Biscuit threshold.

Reasoning

Applying Law JA's and Sir Charles Newbold P's formulations in Mukisa Biscuit, the court found that a challenge to jurisdiction is a pure question of law requiring no viva voce evidence or determination of contested facts, and if upheld would dispose of the suit in limine. The court therefore agreed with both parties that the objection was properly before it, while distinguishing that finding from the merit of the objection.

p. 4
02

Whether the Magistrates' Court lacks jurisdiction over the negligence claim under the Energy Act

Holding

The Energy Act does not oust the jurisdiction of civil courts over common law negligence claims arising from electricity supply.

Reasoning

Sections 9 and 10 of the Energy Act merely establish EPRA and enumerate regulatory functions; none empowers EPRA to adjudicate negligence claims or award damages. Section 36 confines the Energy and Petroleum Tribunal to disputes contemplated under the Act. An interpretation embracing every electricity dispute would read into the statute words Parliament did not enact; ouster of jurisdiction requires express and unequivocal language, which is absent.

p. 4
03

Whether the plaintiff was required to exhaust the statutory dispute resolution mechanism before filing suit

Holding

The doctrine of exhaustion is inapplicable because EPRA lacks the legal mandate to grant the relief sought.

Reasoning

While exhaustion of statutory remedies is embedded in Kenyan jurisprudence, it applies only where the alternative forum is available, effective and capable of granting the relief sought. The claim is an ordinary negligence claim for quantified special damages, not a challenge to any regulatory decision. The Defendant could not identify any provision empowering EPRA to conduct a trial on negligence, assess special damages or enter executable judgment; compelling recourse to such a forum would deny access to justice under Article 48.

04

Whether the authorities relied upon by the parties support the Preliminary Objection

Holding

The binding Court of Appeal decision in Livingstone Mbugua confirms that civil courts retain jurisdiction over negligence claims against electricity suppliers.

Reasoning

The High Court authorities relied on by the defendant (Albert Mbugua Ng'ang'a and John Githinji) cannot be read as an inflexible rule that every electricity dispute must commence before EPRA. Livingstone Mbugua, a Court of Appeal decision, entertained a negligence claim appeal on its merits without questioning the subordinate court's jurisdiction; under stare decisis the court was bound to follow it.

p. 7

Legal principles established

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  • Where Parliament intends to oust the jurisdiction of ordinary courts, it must do so in clear and unequivocal language; jurisdiction cannot be taken away by implication.
  • The doctrine of exhaustion applies only where the alternative statutory forum has jurisdiction over the dispute and is capable of granting the relief sought.
  • Ordinary civil courts retain jurisdiction to hear negligence claims against electricity suppliers where the remedies sought are compensatory damages, notwithstanding the supplier being a licensed distributor under the Energy Act.

Court orders

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  1. 1.The Defendant's Notice of Preliminary Objection dated 14th October 2025 be and is hereby dismissed.
  2. 2.It is hereby declared that this Court has jurisdiction to hear and determine the Plaintiff's suit as pleaded in the Plaint dated 3rd March 2025.
  3. 3.Mention 26th August, 2026 for pre trial directions
  4. 4.The costs of the Preliminary Objection are awarded to the Plaintiff.
Jurisdiction invoked
Articles 159 and 169 of the Constitution and Sections 4 and 7 of the Magistrates' Courts Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Placid View Properties Limited t/a Ole Sereni Hotel v Kenya Power and Lighting Company Ltd (Civil Suit E4833 of 2025) [2026] KEMC 328 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/328/eng@2026-07-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.