Kenya Power has been ordered to pay a couple over 50 million Shillings because a fire caused by a problem with the electrical system destroyed their property in Malindi.
A lawsuit was filed in court in August 2020 by Ivan Renne and Mr. Francis Kenga. They owned a place called Kenga Giama Resort, which had 11 apartments, a place for events and eating, houses for staff, a casino, a small entrance house, an area for notices, a pool, and a theater. These places were well-equipped with furniture, art pieces, and other beautiful items.
At the time of the fire, they had rented the place out to Mr. Nicola Mosca for around 250,000 Shillings a month. They blamed Kenya Power for not keeping the electrical system in good shape, saying this neglect led to the dangerous fire.
The couple told the court that they had warned Kenya Power about electrical lines being too close to their property on April 4, 2018. Kenya Power checked the property but didn’t do anything to prevent the lines from causing a fire. On April 16, 2018, a fire started from the electrical lines and spread to their property.
Kenya Power didn’t agree with these claims. They said the property was built too close to the power lines. A risk advisor for Kenya Power, Mr. Kigo Kariuki, visited the site and said the property was in the safety zone but still caught fire due to strong winds, causing a high-pressure line to break and ignite the roof.
He said buildings should be built at least seven feet away from power lines, and by his judgment, the property was far enough. On checking, he mentioned that the power lines were there before the resort was built and that Kenya Power should only supply electricity to buildings that follow safety rules.
A Kenya Power engineer, Mr. Henry Odhiambo, said fire incidents happen and showed reports of maintenance they’ve done. When the fire was reported, they turned off the electricity in that area. He admitted that the power line was put in place in 1995.
Another engineer, Mr. Harrison Mwangi, also said broken power lines caused the fire.
The judge, Stephen Githinji, agreed that the evidence clearly showed issues with Kenya Power’s lines caused the fire. He found that the company was negligent because they didn’t keep their equipment safe, which led to the fire.
The couple was awarded damages of over 50 million Shillings, 93,600 Euros for lost business, and an extra 75,000 Shillings for the costs of assessing the damage. Kenya Power asked for more time before the judgment took effect, and they got 30 days.
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