By James Murimi - Reporter
Kenya, July 8, 2026 - The Kenya Power and Lighting Company (KPLC) has suffered a major legal setback after the Energy and Petroleum Tribunal upheld findings that the utility failed to provide reliable electricity to residents of Lodwar and unlawfully neglected to issue power interruption notices, while awarding compensation to a consumer who challenged the outages.
In a landmark judgment, the tribunal dismissed KPLC's appeal in its entirety and instead allowed a cross-appeal by Lodwar resident Shadrack Sharu Muyesu, faulting both KPLC and the Energy and Petroleum Regulatory Authority (EPRA) over prolonged electricity disruptions that hit Lodwar town and its environs from September 2023.
The tribunal awarded Muyesu Sh556,800 in special damages and Sh500,000 in general damages, besides costs of the case, overturning EPRA's earlier decision that had found KPLC liable but declined to award compensation.
"The Appellant's appeal is dismissed in its entirety," the tribunal ruled, adding that EPRA erred in law by restricting itself to the original complaint instead of considering the entire petition as directed by the High Court.
The dispute stems from a complaint lodged by Muyesu over frequent and unexplained power outages that disrupted businesses and daily life in Lodwar for months. EPRA had previously found KPLC culpable for failing to provide reliable electricity and neglecting to notify consumers of scheduled interruptions, but rejected claims for damages on grounds that the losses had not been sufficiently proved.
KPLC challenged the regulator's decision, arguing that EPRA exceeded its jurisdiction, ignored key evidence, relied on inadmissible social media reports and shifted the burden of proof to the power distributor. The company also claimed the regulator had improperly expanded the scope of the dispute beyond the original complaint.
However, the tribunal rejected all the grounds of appeal, holding that the High Court had expressly directed EPRA to hear and determine the entire dispute and that the regulator had jurisdiction under the Energy Act to do so.
The judges found overwhelming evidence that KPLC had failed to maintain reliable electricity supply and had ignored complaints from consumers.
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"The irresistible conclusion is that KPLC failed to provide reliable electricity supply to the residents of Lodwar town and its environs, did not address complaints when raised and that EPRA abdicated its statutory duty and contributed to the violation of the law," the tribunal said.
The tribunal further criticised EPRA for finding KPLC liable yet failing to grant any remedy to affected consumers, saying compensation should have followed once liability had been established.
It held that KPLC had a statutory obligation under the Energy Act to collect and maintain reliability data, monitor electricity supply and promptly inform consumers about interruptions—duties the company failed to fulfil. The tribunal also faulted EPRA for failing to enforce those obligations despite being the sector regulator.
While Muyesu had sought Sh3 million in general damages and Sh100 million in exemplary damages on behalf of Lodwar residents, the tribunal reduced the general damages award to Sh500,000 and declined the claim for exemplary damages, saying constitutional issues fell outside its jurisdiction.
The judgment is expected to have significant implications for electricity consumers across Kenya, reinforcing the obligation of power utilities to provide reliable service, maintain proper records and promptly communicate planned power interruptions while exposing utilities to compensation claims where failures cause proven losses.