Jillo Kadida
6 June 2008
Nairobi — Kenya Power and Lighting Company has been fined Sh6 million for negligence.
Failure to discharge its duty to a client 12 years ago has come back to haunt the electricity distributor and the High Court Thursday found it guilty of negligence.
Mr Justice Alnashir Visram directed KPLC to pay paints manufacturer Benzene Holdings Ltd the money for the loss it suffered when its premises was burnt down in 1996.
"I am satisfied on a balance of probability that the fires were caused by negligence of the defendant (KPLC) who caused power surges," the judge ruled.
KPLC, he said, owed Benzene Ltd a duty of care to ensure that its equipment was not affected by power fluctuations.
And according to the judge, KPLC breached this duty and Benzene suffered loss as a result.
The fire first broke out in the offices of the paint manufacturer in Industrial Area on November 15 and November 16, 1996.
Inspect equipment
Benzene Holdings blamed the fire on failure by KPLC to inspect, service or maintain its equipment regularly. It also said KPLC failed to detect or extinguish fire on time.
The power supplier was also accused of permitting the storage of highly flammable materials within Benzene's premises without first ensuring a flame-proof environment.
In suit papers filed in 1999, Benzene accused KPLC of wilfully and unlawfully interfering with the supply of electric power when Benzene Ltd knew such operations were dangerous.
A witness in the case, Mr Amir Hussein, had told the court about the power fluctuations on November 15.
He had said they had seen sparks emitted by a transformer on the upper level of Benzene's premises.
In an attempt to avert a disaster, managers called KPLC to investigate. But no one from KPLC heeded the call.
Investigations
After the fire, Benzene's insurer commissioned an independent investigation. The incident was also investigated by Nairobi City Fire Service and Cunningham Chartered Loss Adjusters whose reports were tabled in court.
According to both reports, the fire broke out due to power surges that caused an electric fault.
There was no evidence to show that the manufacturer interfered with power supply.
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