A nightclub owner in Diani, Kwale County, has sued Kenya Power in a bid to have his electricity bill reduced by Sh80,000.
Jurgen Fuks, who owns Saba Sim Shakatak Club, said he wants the utility firm stopped from demanding the money from him following a government decision to close down clubs in the ongoing fight against Covid-19.
In an affidavit filed in court last Wednesday, Mr Fuks said since the government ordered the closure of clubs, he cannot afford to pay his electricity bills like he used to.
"Before the government issued the directives, I would pay my electricity bills when they fell due. However, after I closed my business, I can only be able to pay Sh100,000 minus the Sh80,000 on top,” he said.
Coronavirus pandemic
Fuks, who is being represented by lawyer Gikandi Ngibuini, pleaded with the court to stop Kenya Power from disconnecting his electricity because of the Sh80,000, which he said he is unable to raise.
“Through several directives, the government of Kenya ordered places of business such as discos and night clubs to close down following the coronavirus pandemic in Kenya,” he said.
Fuks wants his case heard under a certificate of urgency since Kenya Power has threatened to disconnect his electricity over non-payment of the Sh80,000 bill. Courts are closed.
Fuks also said his electricity should not be disconnected because he is on medication that has to be kept in the refrigerator.
“Such medicine will be destroyed by the disconnection of electricity and in turn violate my rights to health and to life,” he argued in court documents.
Mr Gikandi said his client has also stored foodstuff in the refrigerator following a government warning that there could be a lockdown because of the coronavirus pandemic.
The lawyer asked Chief Justice David Maraga to ensure urgent cases are heard in Mombasa.
