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"id": 708041,
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"type": "speech",
"speaker_name": "Hon. A.B. Duale",
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"legal_name": "Aden Bare Duale",
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"content": "Hon. Temporary Deputy Chairman, of late the Member for Emurua Dikirr is not behaving well. He is exporting this behaviour to the House but we have forgiven him. He can go and have a cup of tea. Hon. Temporary Deputy Chairman, the essence of what we are deleting was to impose liability on the licensee, the Kenya Power, for damages. We are deleting this provision because it fails to take into account the losses, injuries and other damages which could result, not only from power outages, but from other factors such as poor quality, poor workmanship in terms of wiring and poor inputs or irregular supply. You saw last night on business news, the Chief Executive Officer of Kenya Power was talking about how there are many illegal supplies in many parts of the low-income estates in Nairobi. This can be as a result of illegal or irregular supply. In addition to that, such damage can affect persons who are not consumers. The provision does not also take into account the contract between the licensee and the consumer. Does it cover such? Each and every customer signs a contract with the licensee, whether it is a telephone company, power company or security company. The contract is important. In this case, this provision does not entail and is not part of the contract. Sub-clause (2) proposes an administrative challenge in terms of implementing these provisions. It is generally very difficult to determine the duration of outage, especially at medium and low voltage levels. Power disappears, so what and for how long? The determination by the consumer becomes a problem. Implementing this section of the law gives the implementing agency some administrative challenge. Sub-clause (3) erroneously refers to compensation by the licensee by way of subsidy. It becomes complex. What do we mean by subsidy?"
}