Petition challenging new ERC tariffs filed in court
NAIROBI, Kenya, Aug 3 – An application has been filed in court seeking to stop the Energy Regulatory Commission from implementing new tariffs to be levied on post-paid electricity consumers.
According to the petitioner, lawyer Apollo Mboya, the motive is to circumvent the court order restraining the commission from billing electricity consumers with backdated and inflated bills to recover Sh10.1 billion.
He stated that the amount is contained in the annual report by Kenya Power and financial statements for the year ended 30 June 2017.
The application was placed before vacation judge Justice Pauline Nyamweya who directed that it be heard during the current high court vacation.
She directed that the applicant should serve Kenya Power, ERC, Attorney General, Auditor General and the matter be heard inter parties on August 27.
Mboya wanted the court to make a declaration to the effect that Kenya Power made a false and misleading representation in respect of electricity tariffs and bills to its consumers, thus affect and infringing on consumer rights.
“The court should issue an order directing the company to refund its electrify consumers the payments made in excess of the actual meter readings on account of the said recovery as contained in its financial estimates” he stated in his suit papers.
He stated that in October last year, several electricity consumers began receiving inflated power bills and added that the company admitted having recovered Sh2.1 billion allegedly incurred on diesel, an amount that was not factored in the monthly electricity bills which it has so far received.
He further stated that in January this year, Kenya Power admitted that there are errors in their electricity bills, that was sent to the consumers.