Save us from Kenya power ! Kanu in Sh738 million electricity bill

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Opening an unexpectedly high power bill can be a rude shock. If you’re wondering how you’re going to pay your monster bill off, and how to avoid them in the future, pay kenya power for those tokens(sic).

In NOVEMBER 2018 , Kenya Power was allowed to auction the Kenya African National Union’s (Kanu) offices in Nakuru to recover Sh738.8 million the party incurred in electricity bills when it occupied the Kenyatta International Convention Centre (KICC) during retired President Daniel arap Moi’s tenure.

Kenya Power first obtained an attachment order in August 2009, after Justice Jessie Lesiit ruled in its favour. But the party’s Nakuru branch objected to the planned attachment.Image result for auction gif

In July 2014, the High Court deputy registrar rejected Kanu’s argument that the assets owned by a political party’s branch cannot be sold to settle the mother entity’s debts.

Dissatisfied, the Kanu Nakuru branch challenged the decision, but High Court Judge Francis Tuiyott ruled that a political party’s branch is not distinct from the mother party, and allowed Kenya Power to continue with its planned auction.

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Th party has moved to the Supreme Court again to block the sale of its Nakuru branch offices.

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 .

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.

Image result for President Daniel Arap MoiIn 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.

Image result for Justice Jessie LesiitThe 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.

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.

Can Kanu win the war with Kenya power?

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