A Mombasa Court has blocked Kenya Power Company from Interfering with the operations of a clearing and forwarding firm located in the coastal region.
This comes after CEVA Inter-freight Kenya filed a lawsuit against Kenya Power for denying them access to a weighbridge.
The Mikindani-based company claims that Kenya Power has made it difficult for them to use the weighbridge and that they have had to hirethe services of a third party who has allowed them to use their weighbridge.
The company claims that Kenya Power’s actions costed grave loses.
“The first respondent (Kenya Power) has made the applicant incur huge losses yet this is a company that on a normal business day would make serious profits to the tune of Ksh.10 million a day,’’ reads court papers.
According to the clearing and forwarding company, Kenya Power erected a pylon tower on the wayleave in the company’s yard, with one of the anchoring legs in the yard and the other on the wayleave.
Additionally, the company claims that on July 2, 2023, the pylon towers fell and their legs collided with the terminal yard’s perimeter wall, resulting in the explosion of fire sparks and damageded electrical wires and the wall.
The company further argues that on July 6, 2023, the Directors received summons from the DCI compelling them to appear before them on July 7, 2023, without fail despite the applicant having written to Kenya Power explaining what transpired and neither the Directors nor any employees of the company were involved in the accident that occurred.
“It is clear that Kenya Power is acting in bad faith in that even after the pylons fell on the applicant’s property, employees of the 1st respondent were seen bringing down part of the applicant’s wall and even marked it with a red mark as one of the areas that should be demolished,” proceeds court papers.
The company, through the firm of Danstan Omari and Associates Advocates, claims that its directors are under imminent threat of arrest by the DCI, adding that their constitutional rights are being violated.
