The High court has set aside orders blocking the return of 51,238 wooden power transmission poles alleged to be substandard.
Justice James Makau issued the order and directed the matter be mentioned on June 19.
the Rural Electrification and Renewable Energy Corporation through lawyer Dennis Mosota argued that the orders obtained by Inter Tropical Timber Trading Ltd and Geoffrey Ng’ang’a had the effect of stalling all its activities by suspending the resupply or retreatment of poles.
Mosota told the court that the move would also cause hardship and irreparable loss to the taxpayers unless it is set aside. The court heard that more than 50,000 wooden poles will deteriorate and lead to waste of resources.
Mosota further said the order has the effect of suspending the contractual relationship between the corporation and the suppliers, therefore curtailing remedies available to them under the Law of Contract and the Sale of Goods Act, including the return of nonconforming goods.
Substandard poles have a shorter lifetime of fewer than five years as opposed to the average lifetime of 30 to 40 years for quality poles made of concrete or other durable material.
