The High Court has barred the police and Kenya Power and Lighting Company (KPLC) from interfering with the business of a Mombasa-based freight company, Ceva Interfreight Kenya Limited.
The order was issued by Justice Anne Ong'injo on July 7, 2023, after Ceva filed a petition seeking a conservatory order to restrain the respondents from interfering with its day-to-day operations.
The petition arose from an incident on July 5, 2023, when a KPLC pylon tower fell and its legs hit the perimeter wall of Ceva's terminal yard, causing a fire spark explosion that damaged electrical wires.
Ceva's lawyer, Danstan Omari, explained that the company's directors were summoned by the Directorate of Criminal Investigations (DCI) to appear on July 7, 2023, despite his clients' explanation to KPLC regarding the incident.
Omari asserted that neither Ceva's directors nor employees were involved in the accident.
"As a result of the respondents' unlawful actions, the applicant's directors are under imminent threats of arrest by the 2nd, 3rd, and 4th respondents and are justifiably apprehensive that their constitutional rights are being violated," argued Omari.
Ceva is seeking a declaration from the court that the police summons are a violation of their constitutional rights.
They also want a permanent injunction to be issued against the respondents, preventing them from arresting, charging, harassing, or interfering with the petitioner in any way.
At the same time, Ceva is seeking a compensation of Sh5 million for the alleged destruction of the perimeter wall.
One of Ceva's directors, Edina Adala, stated that after the incident, KPLC claimed that the perimeter wall was erected on a wayleave area, placing blame on the freight company.
Adala mentioned that the court had previously found KPLC to be the trespasser and ordered them to pay Ajit Boghai Sh20 million as compensation. However, KPLC has not paid the ordered amount to date.
"The Respondent has refused and/or ignored to obey the orders of the court and is illegally in that parcel of land, and even continues to trespass even when there is a valid judgment of the court that has not been varied and/or set aside," Adala added.
The court granted the conservatory order, restraining the respondents from interfering with Ceva's business until the case is mentioned on July 19, 2023.
