The Kenya Electricity Transmission Company (Ketraco) has sued four brothers, saying they have blocked work on the proposed Rabai-New Bamburi-Kilifi power line.
Ketraco says that in August its workers reached land in Mombasa registered in the names of Mahmood, Jaffer, Esmail, Musa and Essak Kassam and were denied access to it.
The State corporation argues it is working within existing wayleaves, a legally acquired right of way, and the brothers’ action is illegal.
It says the new transmission line will bring cheaper, stable and more reliable electricity to existing large customers.
“It will also supply energy to the existing manufacturing industries, special economic zones, steel rolling mills and for commercial, residential, power generation and street lighting,” says Ketraco senior manager for wayleave acquisition Johnson Muthoka in court documents.
The work on the 132kV transmission line, Ketraco says, is being done legally with the consent of Kenya Power within wayleaves obtained between 1972 and 1995.
The company is seeking a permanent injunction restraining the brothers from stopping and interfering with its work.
The four brothers have filed a counter-claim against Ketraco, seeking Sh442 million as special damages and Sh309 in general damages.
A power transmission line under construction by Ketraco.
Photo credit: File | Nation Media Group
“(Ketraco) has encroached (on), trespassed and occupied the defendants’ property with a view of constructing pylons and passing high-voltage transmission cable, which shall create a huge burden to the defendants,” the counterclaim says.
They also argue that they have asked Kenya Power several times to address the issue of compensation and the matter is pending under an alternative dispute resolution mechanism.
They also claim that Ketraco’s action of entering their land is illegal because the land is not in a legally acquired right of way.
They say Ketraco’s occupation of the land has restricted them from developing or selling it because of existing structures on it and deep holes dug for pylons.
“We have received offers of sale from potential buyers at the current market value for the property but we cannot sell it as a result of the developments and encroachment on the property,” they say in court documents.
Justice Lucas Naikuni of the Environment and Land Court has ordered the parties to maintain the status quo until December 1, when the case will be mentioned.
