Posted on 6th Feb 2018 05:35:16 in
Kenya Power has been ordered to pay a farmer Sh1.3 million compensation for her two electrocuted cows.
The amount includes compensation for loss of milk and manure sales, which would have accrued at 12 per cent interest from 2004.
The High Court had awarded Jane Wanjiru, who owns a farm in Nairobi, Sh100,000 to cover the cost of each cow.
Kenya Power was also to pay Sh1.08 million for the loss of milk.
The loss of manure attracted Sh72,000 and the veterinary who carried out the postmortem was to be paid Sh37,000.
The total amount was to attract interest from 1997, meaning the farmer ought to have earned Sh2.5 million.
Aggrieved, KPLC went to the Court of Appeal, arguing that the death of the animals was not out of negligence but an act of God. See Also: Release Miguna by 2pm, High Court orders Inspector General and DCI
The appellant alleged there was a heavy downpour on the material day and that this might have caused the power lines to fall.
The firm also disputed before justices Roselyn Nambuye, Mohamed Warsame, and Asike Makhandia that the animals were cows, and instead explained they were young heifers which ought to have cost Sh40,000.
The judges ruled that the loss of milk and manure would amount to Sh288,000. They also removed the cost of hiring a veterinary officer but the rest of the costs would remain intact.