Lawyer Apollo Mboya has dragged Kenya Power and the Energy Regulatory Commission (ERC) to court over the new billing structure.
The senior counsel says that the new structure discriminates against domestic consumers while rewarding industrial bulk power consumers.
In an application filed under certificate of urgency, Mboya wants the court to suspend the implementation of the retail tariffs which according to ERC took effect on August 1.
He further claims that the power utility company and ERC do not have the constitutional mandate to review the tariffs.
“Article 27 of the Constitution guarantees every person equal protection and equal benefit of the law and that the state shall not discriminate directly or indirectly against any persons” the lawyer notes.
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The reviewed tariffs Kenya Power said will have the middle class earners pay 54 per cent more for electricity.
Homes that consume 50kW of electricity per month will under the new structure pay Ksh1,067, up from Ksh695. This is based on all the charges loaded on power bills, including 16 per cent VAT and adjustable costs (fuel, forex and inflation charges).
A 10-unit user will part with Ksh169 a month, down from Ksh278. Those who consume 500 units a month will part with Ksh10,672, a three per cent drop.
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