Kenya Power has been ordered to pay Sh2 million to a minor who suffered permanent disability after he was electrocuted in Mbita.
In a ruling by Justice Kiarie wa Kiarie, Kenya Power will pay the aforementioned amount to cater for future medical expenses as well as part of damages and for the pain he underwent.
The judge noted that the minor is still undergoing counseling for the ugly scars sustained following the electrocution hence will need to cater to the medical expenses.
“After considering the injuries sustained by the minor and the prognosis given by the doctor, I will set aside the award by the learned trial magistrate and substitute it with an award of Sh.2, 000,000 general damages,” judge Kiarie ruled.
Earlier, before the Minor sought to go to the High Court, Mbita Senior Resident Magistrate had awarded him Sh140,000 for the electrocution.
The minor, through the lawyer, cited that the damages awarded were too low adding that the judge had failed to assess all the evidence provided extensively.
In recent couple of months, Kenya Power has been on the spot for negligence, corruption and misappropriation of funds.
In May, a proposal by the Energy Energy and Petroleum Regulatory Authority (EPRA) paved way for consumers to be compensated for losses incurred during power outages by Kenya Power. This will be applicable if the proposal is approved.
The proposal sought to have the power utility compensate consumers for financial losses, equipment damage, physical injuries and death due to power outages.
If the proposal is adopted, Kenya Power will be required to notify consumers at least two days prior to the planned interruption.
“A distribution and retail supply licensee shall inform the consumer of the intended disconnection or interruption, and stipulate the date and intended duration of the disruption through appropriate means including public notices on print media, radio broadcasts, electronic mail and SMS,” the regulations read in part.
If the proposal sails through, a claimant will be required to apply for compensation in writing within twelve (12) months after they suffer a breach.
Affected customers will automatically lose their right to seek compensation in cases where they have tapped power illegally and when third parties like vandals, falling trees, cars, or planes interfere with electricity networks.
A similar attempt, through a Bill, to compel Kenya Power to compensate consumers was rejected in 2015.