Constitutional and Human Rights Division v Kenya Power & Lighting Company & 3 others

REPUBLIC OF KENYA. IN THE HIGH COURT OF KENYA AT LODWAR. CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. E005 OF 2024. SHADRACK SHARU MUYESU.......................................................PETITIONER VERSUS. KENYA POWER & LIGHTING COMPANY.................................1 ST RESPONDENT KENYA ELECTRICITY TRANSMISSION COMPANY...................2 ND RESPONDENT ENERGY & PETROLEUM REGULATORY AUTHORITY.................3RD RESPONDENT THE HON. ATTORNEY GENERAL..............................................4 TH RESPONDENT RULING. 1. This is a petition for enforcement of the bill of rights. For the sake of accountability of the Judiciary to the Public, Litigation of this nature have a time within which one ought to be concluded. That period has long passed. 2. The court understands that a substantial portion of the petition has been disposed of by the decision rendered by the 3 rd Respondent and made after reference by the court. 3. The court equally appreciates that there is an appeal before the High Court on that decision. However, there is no stay of proceedings on this matter. 4. With that history in mind, the court views the conduct of Mr. Maanzo’s client in filing the application well outside the time set by court and on the eve of today’s date to be a deliberate design to forestall the hearing today and delay the conclusion of the Petition. That the court abhors. 5. Secondly, no reason has been advanced at all by Mr. Maanzo to justify his delay and the reasons for such delays which the court considers inordinate. 6. For the two reasons the court considers the conduct by the 1 st defendant to be a deliberate design at delay to make the court fail in its obligation to the citizen. It is an abdication of duty by the counsel

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