Suit against cost of electricity costs certified urgent

Friday, March 31st, 2023 07:45 | By
Judge gavel. PHOTO/Courtesy

The High Court has certified urgent a suit challenging the implementation of the power tariff that will increase the cost of electricity.

Justice Hedwig Ong’undi directed the case filed by Electricity Consumer Society of Kenya and three others to be heard on Monday next week before the duty judge.

“I certify the matter as urgent. Let the Petitioner serve the Petition and Application on the Respondents immediately,” ruled the judge.

The society and three other petitioners challenge the notice by the Energy and Petroleum Regulatory Authority which indicated that electricity power costs/tariffs shall be increased from April 1.

They have sued EPRA, Kenya Power and the Attorney General over the intended hike of  the electricity tariffs

It is their case that in arriving at the proposed tariffs, Kenya Power and EPRA did not conduct a legitimate public participation exercise as it failed to provide timely and accurate information.

Disenfranchising Kenyans

They further claim the Power company did not  provide feedback on their memoranda thereby disenfranchising the Kenyan public of their constitutional right to access to information, right to public participation and economic rights.

They want the court to issue conservatory order restraining Kenya Power from implementing the Schedule of Tariffs set by EPRA slated for April 1.

In an affidavit, the Executive Director of the society, Isaac Ndereva (pictured), claimed they were invited on January 21 to a stakeholder consultation workshop process which was held on February 8 at the KICC Amphitheatre, Nairobi, on the review of retail electricity tariffs.

“During the stakeholder consultation workshop, we raised very pertinent and weighty issues which the Respondents failed or refused to consider before publishing the impugned gazette notice which will cause an increase in electricity costs thereby subjecting the Kenyan public to untold economic hardship, mental anguish and suffering,” stated Ndereva in court documents.

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