Merxcine Cush
Some Kenyans have come forward accusing lawyer Apollo Mboya of selling them short by entering into a consent order with Kenya Power and Lighting Company Ltd (KPLC).
They said that they felt betrayed by the decision by the lawyer to settle stating that the consent did not address the original prayers. They felt betrayed as the Kenyan people still bore the burden on account of over billing by KPLC.
The applicants swore affidavits indicating that Apollo Mboya filed the suit as a representative under article 22 (2)(b) of the constitution on behalf of the customers as a class action.
One customer Jerotich Seii said that she contributed to the filing of the petition. Seii indicated that she was also administering the email address switchoffkplc@gmail.com. She said that the lawyer used the contents of the emails to file his submissions.
Another applicant James Gitau stated that he provided expertise information and guidance as an engineer having worked in the energy sector to the lawyer as he filed his submissions.
Eva Mutua on the other hand said that she had been collaborating with Apollo Mboya and the first applicant in coordinating and gathering information that the lawyer used while filing his submissions.
All the applicants stated that it was heart shattering and breach of trust that the lawyer chose to settle by entering into a consent order.
“In a heart shattering moment and in flagrant breach of trust bestowed upon himby the people of Kenya,the 1st Petitioner chose to settle this Petition by entering into a consent order dated 23rd October 2018,” the affidavits read in part.
The applicants have filed this suit under a certificate of urgency stating that if the consent is executed it may be detrimental to the interests and legitimate expectations of the Kenyan people.
Apollo Mboya and Kenya Power have reached an out-of-court deal in the electricity billing case. Kenya Power has agreed stick to tariffs approved by the Energy Regulatory Commission and set up billing query centres countrywide.
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