The Milimani Commercial Court has clarified that the Energy and Petroleum Regulatory Authority (EPRA) does not have jurisdiction over compensation claims arising from power surge damages. Such claims, deemed negligence cases, are to be handled by civil courts.

This ruling emerged from a case filed by Placid View Properties Ltd, owner of the Ole Sereni Hotel, which sought Sh4.2 million from Kenya Power for damages to its electrical equipment caused by voltage fluctuations.

Key Court Findings

  • The court held that claims related to negligent electricity supply are tortious and fall outside EPRA's regulatory mandate.
  • Principal Magistrate Linda Akosa Mumassabba found that the dispute is a civil negligence claim rather than a regulatory issue under the Energy Act.
  • The doctrine of exhaustion of remedies before specialized tribunals does not apply here, as EPRA lacks authority to adjudicate negligence claims or award compensation for property damage.
  • The court confirmed it has jurisdiction and set the case for pre-trial directions on August 26, 2026.
  • Kenya Power was given 30 days to file an appeal against the ruling.

Implications

The decision reinforces the responsibility of Kenya Power to ensure careful management of electricity supply and signals that victims of power surge damages must seek redress through civil courts rather than regulatory bodies.

The Ole Sereni Hotel's suit will proceed to a full hearing on its merits following this ruling.