JOSEPH MUNG'AYA MAKOTSI & ANOR
V.
KENYA POWER & LIGHTING COMPANY LIMITED & 2 ORS

JUDGMENT OF THE COURT

[1] Civil Appeal No. 1 of 2018 has been consolidated with Civil Appeal No. 29 of 2015. Two judgments were delivered in High Court Civil Suit No. 8 of 2012. The first judgment was delivered by Munyao Sila, J. on 12^th November, 2014. The second judgment was delivered by A. Ombwayo, J. on 18^th August, 2017. Civil Appeal No. 29 of 2015 will be referred as the first appeal and Civil Appeal No. 1 of 2018 as the second appeal.

The first appeal is against the judgment of Munyao Sila, J. and the second appeal is from the judgment of A. Ombwayo, J.

[2] By an amended plaint dated 11^th June, 2012, Joseph Mung’aya Makotsi (1^st appellant) who is the appellant in the first appeal claimed that Kenya Power and Lighting Company Ltd (KPLC) referred to as the 2^nd appellant and Rural Electrification Authority (REA) the 2^nd respondent in both appeals who have an arrangement to supply power to rural population trespassed on his two pieces of land on two occasions, forcefully erected a pow…