The High Court has declined to set aside a consent order that settled a case in which Kenya Power was accused of inflating electricity bills.
Justice Weldon Korir dismissed the application filed by six Kenyans saying there is nothing much the court can do after the consent was adopted in court in October 2018.
A consent order is an agreement between two parties that resolves an outstanding dispute.
Jerotich Sei, Eva Murua, James Girau, Wanjeri Nderu, Fredrick Asira and Vincent Otieno filed the application claiming that the consent order was founded on fraud and collusion.
They argued that lawyer Aplollo Mboya (petitioner) was given amounts ranging between Sh60 million and Sh200 million in order to settle the matter.
But Judge Korir said the claims were not supported by any form of evidence. "What has been placed before this court is hearsay evidence that cannot form a fair trial basis for holding and finding that the consent order was founded on fraud and collusion."
He maintained that there was no evidence to support that Mboya colluded with Kenya Power and the Energy Regulatory Commission (respondents) to settle the case.
The six wanted the order set aside and case revived on grounds that the issue of inflation of bills had not been addressed as most Kenyans are still suffering.
