AGADVOKS GLOBALKENYA · ENGLISH
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Energy Act

166. Penalties and compensation for failure and defects in electricity supply

Edition: 2022-12-31 · In force

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166. Penalties and compensation for failure and defects in electricity supply

(1)Subject to any agreement which may be entered into between a licensee and a consumer as provided for under this Act, whenever the licensee defaults in supplying electrical energy to any consumer, the licensee shall be liable in respect of each default to a penalty as prescribed by regulations.
(2)The licensee shall be liable to pay appropriate compensation to a person if due to failure, poor quality or irregularity of electricity supply, the person incurs damage to his or her property, financial loss, loss of life due to negligence or avoidable default by the licensee.
(3)For the avoidance of doubt, the licensee shall not be liable to pay compensation under subsection (2) if the failure, poor quality or irregularity of electricity supply was caused by third party interference to the licensee's electricity supply lines or inevitable accident or force majeure was so slight as not to materially affect the quality or value of the supply.
(4)The Cabinet Secretary shall make regulations to give effect to this section within six months of the coming into force of this Act.

Regulations under this Part

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Source: Kenya Law