KANU now fights Moi-era power bill in Kenya’s top court
The debt was incurred over the period the then ruling party occupied KICC during the reign of former President Daniel Arap Moi. In the ruling by the Court of Appeal, the judges had expressed doubts regarding success of the pending appeal.
The Kenya African National Union (KANU) has moved to the Supreme Court to block the sale of its Nakuru branch offices over a Sh738 million electricity bill. The party’s Nakuru branch officials have filed the appeal before the country’s top court seeking to challenge the decision by the Court of Appeal to dismiss its application to protect the property from auction towards recovery of the debt owed to Kenya Power #ticker:KPLC.The debt was incurred over the period the then ruling party occupied Kenyatta International Convention Centre (KICC) during the reign of former President Daniel Arap Moi.Appellate Court judges Philip Waki, Patrick Kiage and Fatuma Sichale in their ruling on October 26 declined to issue a temporary order barring Kenya Power from recovering the amount accrued during the eight years KANU was headquartered at the KICC.In the notice of appeal that was filed on November 1, appellants John Muthee, Peter Otieno, Charles Maina, Silas Mukolwe and Evans Ekaliche have challenged the court’s findings indicating that they failed to demonstrate that the property is unique and irreplaceable in nature to the political party.“The appellants here being dissatisfied and aggrieved by the ruling delivered by the Court of Appeal judges intend to appeal to the Supreme Court at Nairobi against the whole decision,” reads part of the document.The utility firm had secured judgement against KANU for unpaid power supply in August 2009 amounting to Sh355,200,295 together with 12 per cent interest per year until the debt is settled.
The branch however, objected the decision by Justice Jessie Lesiit saying the property did not belong to the national party, an application which was rejected in 2014.The independent party took possession of KICC in 1995 but was kicked out in 2003 shortly after retired president Mwai Kibaki took over the country’s leadership.Attempts by the party to reclaim the property were unsuccessful after the Constitutional Court in 2008 dismissed its suit challenging eviction. Subsequent appeals have also been dismissed prompting the decision by the party to move to the Supreme Court.The party now wants the country’s top court to overturn the ruling of the Appeal Court and grant orders to protect the property pending hearing of a main petition before it (Court of Appeal).In the ruling by the Court of Appeal, the judges had expressed doubts regarding success of the pending appeal.The case is scheduled for inter-partes hearing on February 19, next year.