NAIROBI, Kenya — The Energy and Petroleum Tribunal has cancelled a disputed Sh518,099 electricity bill issued to consumer Derek Seton, faulting the Kenya Power and Lighting Company (KPLC) for negligence, erroneous meter readings, and prolonged inaction despite repeated complaints.
In a judgment delivered this week, the Tribunal held that the electricity bill — issued on April 26, 2023 — was not only baseless but a direct result of KPLC staff incompetence.
The ruling further invalidated an earlier determination by the Energy and Petroleum Regulatory Authority (EPRA) after it emerged that the regulator issued its decision outside the 60-day statutory limit prescribed under the Energy Act, 2019.
Seton, a domestic consumer under account number 2317945, endured nearly eleven months of inflated and inconsistent billing. In a detailed letter dated March 13, 2023, he accused KPLC of failing to issue invoices for three years, recording erroneous payments, neglecting meter-reading concerns, and ignoring his repeated attempts to clarify his account status.
His complaints went unanswered until March 24, 2023, when the company finally dispatched a supervisor — who, instead of resolving the issue, allegedly threatened disconnection.
Seton sought legal representation from Wamae and Allen Advocates, prompting KPLC to issue the contested bill of more than half a million shillings, which he immediately challenged before EPRA.
The Tribunal’s review exposed severe anomalies in KPLC’s billing records. A statement printed from KPLC systems on May 11, 2023, showed a troubling pattern of fluctuating meter readings, with figures dropping inexplicably from five-digit values such as 10,126 and 10,539 to as low as 558 before suddenly rising again to 7,262.
These inconsistencies triggered the initial disputed bill of Sh132,819 in March 2023, forming part of the larger contested amount.
The Tribunal concluded that the errors were not caused by faulty equipment but by human negligence within the utility. “The problem was not with the meters or billing system but with KPLC staff, who demonstrated indolence and incompetence,” the ruling stated.
It highlighted 63 months of irregular billing, particularly under water-heating consumption, which formed a substantial component of the inflated charges.
As a result, the Tribunal declared the entire Sh518,099 bill illegitimate and ordered that Seton “shall not, under any circumstances, be required to pay the disputed amount.”
In addition, KPLC was directed to replace all post-paid meters on Seton’s premises with prepaid meters at its own cost — a measure intended to prevent future manipulation, misreading or backdated billing. The Tribunal also awarded Seton costs of the proceedings.
Separately, the ruling delivered a blow to EPRA after finding that the regulator exceeded the legal window for resolving consumer complaints. EPRA issued its verdict on November 6, 2024 — 253 days after Seton lodged the dispute, far beyond the 60-day limit mandated by the Energy Act.
The Tribunal therefore declared EPRA’s decision null and void, reinforcing the statutory requirement for timely regulatory intervention in consumer disputes.
The decision adds to growing scrutiny over KPLC’s billing integrity, customer service and internal accountability. In recent years, Parliament and consumer rights groups have raised concerns over inflated bills, delayed responses, and widespread meter-reading discrepancies.
The Tribunal’s ruling is expected to strengthen calls for reforms within the company and stricter enforcement of regulatory timelines.
For Seton, the judgment brings an end to a protracted battle for accurate billing — and sets a precedent for thousands of electricity consumers facing similar disputes across the country.
