Kenya Power has been ordered to pay a couple more than Sh50 million as compensation for damages after a fire destroyed their property in Malindi.

Ms Ivan Renne and Mr Francis Kenga, in a suit filed in court in August 2020, said they were the proprietors of a hotel operating under the name of Kenga Giama Resort which consisted of 11 rooms, a reception restaurant, staff houses, a gazebo, an entrance shed, a signboard shade, a swimming pool and a garden -- with furniture, fittings, paintings and other decorations.

They said that at the time of the fire incident, they had leased out the hotel to Mr Nicola Mosca at the rate of Euros 1,800 (about Sh250,000 at current rates) per month.

The couple said the company failed to adequately maintain the power grid, creating a dangerous situation that precipitated the fire that broke out and destroyed their property, causing loss and damage.

They informed the court that on April 4, 2018, Kenya Power personnel were notified of low-hanging cables dangerously close to their property. Kenya Power personnel, they said, visited and inspected their installations but failed to put separators or any other insulation between the loosely hanging cables.

Renne and Kenga said on April 16, 2018, at around 1pm, a fire broke out on power transmission system and spread out to their property. They blamed the firm for negligence.

Kenya Power denied the claims.

The power firm noted that the couple did not comply with provisions on proximity to wayleaves, adding that the premises was in the power line’s corridor.

Mr Kigo Kariuki, a risk consultant, told the court that he visited the scene on June 4 and 5, 2018, and nothing much had changed. He pointed out that the Kenya Power lines were in two sets on the same pole -- the top lines for transmission and the lower ones for distribution.

He said that as a result of gushy winds in June due to monsoon phenomena, one of the high-tension cables snapped from the pole and crashed on to the low-voltage distribution lines, igniting sparks on the makuti roof.

Kigo said it is required that a building should be at least seven feet away from the wayleave, and according to his measurements, the razed building was well within at eight feet away.

On cross-examination, he said the building plans, according to the couple’s documents, were approved on September 17, 1993, during which time the lines were not in existence. He said Kenya Power should not supply electricity to premises that have breached their provisions.

Mr Henry Odhiambo, a Kenya Power engineer, said fire incidents do occur, and produced a report showing various maintenance routines they had carried out in different areas. He testified that when the fire was reported, they switched off the line serving the area.

On cross-examination, he said the crushing of their conductors caused the fire. He admitted that the line was put up in 1995.

Mr Harrison Mwangi, an electrical engineer, testified that the fire was caused by crushed conductors and sparks that fell on the makuti roof.

Judge Stephen Githinji, in his judgment, noted that it was not in dispute that the fire was caused by the crushing of conductors, thereby igniting sparks that lit the makuti roof thus spreading to adjacent buildings.

Justice Githinji noted that the evidence established beyond doubt that Kenya Power’s line caused the fire.

The judge said the couple proved the firm’s negligence due to failure to maintain the safety of their power conductors, causing their crushing and production of sparks that fell on the makuti roof leading to the fire outbreak.

The court ordered the power firm to compensate the couple Sh40,299,274 in damages and another Euros 93,600 (Sh13,235,112.71) for loss of business.

The court also awarded the couple special damages of Sh75,000 for preparing the valuation report.

Kenya Power, however, pleaded for a stay of execution of the judgment for 30 days and was granted.