M-Wakili

Electric Supply Lines - as Plain Text by MWakili

(Repealed by Electric Power Act, No.

11 of 1997) LAWS OF KENYA THE ELECTRIC SUPPLY LINESACT Cap.

315 Published by the National Council for Law Reporting With the Authority of the Attorney-General THE ELECTRIC SUPPLY LINES ACT CHAPTER 315 An Act of Parliament to provide for the carrying of electric supply lines over land privately owned or occupied Short title.

1.

This Act may be cited as the Electric Supply Lines Act.

Interpretation.

2.

In this Act, except where the subject or context otherwise requires - "aerial line" means an electric supply line which is placed above ground and in the open air: "electric supply line" means a wire, conductor or other means used for conveying, transmitting or distributing energy for any purpose, together with any casing, coating, covering, tube, pipe or insulator enclosing, surrounding or supporting it or any part thereof, or any apparatus or support connected therewith, for the purpose of so conveying, transmitting or distributing that energy; "magistrate" means a magistrate holding a subordinate court of the first class having jurisdiction in the place where the jurisdiction of the magistrate is to be exercised; "owner" includes a lesee of Government land.

Permission required to lay electric supply lines.

L.N.343/1956, L.N.173/1960.

3.

(1) No person shall lay and connect on any land, other than his own land, an electric supply line, whether aerial or otherwise, without permission.

(2) A person desirous of obtaining permission to lay and connect an electric supply line shall apply to the Minister for permission to do so.

(3) The Minister may thereupon and upon such terms and conditions as he may think fit grant permission to the applicant to lay and connect an electric supply line.

Notice to land owners.

4.

A person who has obtained permission to proceed under section 3 and who intends to lay an electric supply line on the land of another person shall give notice in writing to the owner of that land of his intention after the expiration of fourteen days from the date of the notice on a specified day to enter upon that land for the purpose of fixing the location of the electric supply line, and within fourteen days of entry shall serve the owner with a statement in writing containing full particulars of the description and proposed location of the electric supply line.

Assent to proposal.

13 of 1962, s.

2.

5.

(1) An owner, after receipt of the notice and statement of particulars under section 4, may assent in writing to the laying down of the electric supply line upon payment of such compensation as may be agreed upon, and any assent so given shall be binding on all parties having an estate or interest in the land, subject to the following provisions - (a) that an arrangement entered into by an owner under disability or incapacity, or not having power to give assent except under this Act, shall not be valid unless at is approved by two valuers, one of whom is to be nominated by the person giving notice and the other by the owner; and each of the valuers, if they approve of the arrangement, shall annex to the document containing it a declaration to that effect subscribed by them; (b) that any compensation to be paid by the person giving notice to the owner, in cases where the owner is under disability or incapacity or has no power to assent to the application except under this Act, shall be applied in such manner as the magistrate may determine; (c) that an occupier or person other than the owner interested in the lands shall be entitled to compensation for any injury he may sustain by the laying of the electric supply line, so long as the claim therefore is made within twelve months after the laying of the electric supply line; and the amount of compensation shall be determined in the case of dispute by the magistrate.

(2) No assent expressed in writing in accordance with subsection (1) shall be void by reason only of non-compliance with any statutory requirements as to registration.

Dissent from proposal.

13 of 1962, s.

3.

6.

(1) An owner shall be deemed to have assented to a proposal to lay an electric supply line on his land if he fails to notify the person desiring to lay an electric supply line in writing of his dissent therefrom within sixty days after the service on him of the notice required by section 4; and in the event of dissent the magistrate, on the application of the person desiring to lay the electric supply line, shall decide (a) what injury, if any, the proposed electric supply line will cause to the owner, or to the occupier or other person interested in the land; (b) whether any injury that will be caused is capable of being fully compensated for by money.

unless the owner requires those questions to be decided by arbitration.

(2) The result of a decision under subsection (1) shall be as follows (a) if the decision is that injury will be caused to the owner, occupier or other party interested in the land, but that the injury is of a nature to admit of being fully compensated by money, the magistrate or arbitrator shall proceed to assess the compensation and to apportion it amongst the owner, occupier and other parties in his or their judgment entitled thereto, and on payment of the sum so assessed the person giving notice may proceed to lay the proposed electric supply line; (b) if the decision is that injury will be caused to the owner, occupier or other party interested in the land.

and that the injury is not of a nature to admit of being fully compensated by money, the person giving notice shall not be entitled to lay the proposed electric supply line; (c) if the decision is that no injury will be caused to the owner, occupier or other party interested in the land, the person giving notice may forthwith proceed to lay the electric supply line.

Procedure before magistrate.

7.

Where an application is made under section 6, the magistrate may summon the parties to appear before him at a time and place to be named in the summons, and.

upon the appearance of the parties, or in the absence of any of them upon proof of the due service of the summons, the magistrate may hear and determine the question and amount of the compensation, and for that purpose may examine the parties or any of them and their witnesses upon oath, and the costs of the inquiry shall be at his discretion, and he shall settle the amount thereof.

Payment into court.

13 of 1962, s.

4.

8.

If any difficulty or question arises as to the person entitled to the compensation payable under this Act, the magistrate shall order the compensation to be paid into court pending the making of an application under section 9.

Money deposited to be paid out on order of magistrate.

13 of 1962, s.

5.

9.

Upon the application of a person making claim to moneys paid into court under section 8, the magistrate may, at the cost of the person giving notice under section 4, and after such notice as he deems fit and to such person or persons as he shall direct, order distribution and payment of those moneys according to the respective rights and interests of the persons making claim to those moneys or any part thereof, and may make such other order in the premises as he deems fit.

Power to enter land to inspect and repair lines.

10.

(1) After electric supply lines have been laid in accordance with this Act, the owner or person in charge of the electric supply lines, or any person authorized in writing by either of them, from time to time as it becomes necessary, may enter upon the lands through which the electric supply lines have been laid for the purpose of inspecting and, with such assistance as may be necessary, repairing them, or, in case the electric supply lines are no longer required, for the purpose of removing them.

(2) Where electric supply lines are removed, the surface of the land shall forthwith be restored to its former condition as far as possible; and in default thereof restoration may be carried out by the owner of the land, and the costs thereof shall be recoverable from the person liable therefore in the court of the magistrate without limit of amount.

Obstructing owner of lines and other persons interested.

11.

A person hindering, obstructing or interfering with the exercise by an owner or person in charge of an electric supply line, or by any other person, or by the servants or agents duly authorized in writing of any such owner or person, of any right of entry upon land conferred by this Act for the purpose of laying and connecting, or repairing, inspecting or removing, an electric supply line shall be guilty of an offence and, on conviction before the magistrate, liable to a fine not exceeding six hundred shillings.

Liability of owner of lines to make compensation for damage.

12.

The provisions of this Act shall not relieve an owner of an electric supply line of the liability to make compensation to the owner or occupier of the land, or the agents, workmen or servants of the owner or occupier, for damage or injury caused by the exercise or use of any power or authority hereby conferred or by any irregularity, trespass or other wrongful proceeding in the execution of this Act, or by the injury or breaking of any electric supply line, or by reason of any defect in any electric supply line: Provided that, if before action brought in respect thereof the owner of an electric supply line makes tender of sufficient amends to the party injured, that party shall not recover in an action.

Rules.

L.N.343/1956.

L.N.173/1960.

13.

The Minister may make rules (a) prescribing the procedure to be followed by the magistrate in matters over which this Act gives him jurisdiction; and (b) for the better carrying out of the objects and purposes of this Act.

PAGE 2 CAP.

315 Electric Supply Lines PAGE 1 Electric Supply Lines CAP.

315 www.kenyalaw.org.

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