If you pay a utility provider money because of a genuine mistake of fact, that money is recoverable. Utility providers, such as Kenya Power or water boards, are legally bound to credit or refund verified overpayments upon demand. The key is establishing that you actually paid more than you should have.
What counts as a mistaken payment?
A genuine mistake of fact means paying on the basis of something you honestly believed was correct, but which was not. Examples include incorrect utility meter billing, system glitches, or duplicate payments.
For example, you might pay a bill and then pay it again because you believe the first payment did not go through. If both payments reached the provider and created an overpayment, the extra payment is not simply money you intended to give away.
However, a bill that looks unusually high does not, by itself, establish that you have overpaid. There is a difference between questioning a charge and verifying that money was paid by mistake.
What does the law provide?
Section 72 of the Law of Contract Act and general principles of restitution provide for recovery of money paid under a genuine mistake of fact. Restitution means returning money received in those circumstances. The expression money had and received describes the basis for recovering that payment.
For a verified utility overpayment, the provider must credit or refund it upon demand. A credit puts the overpaid amount against your utility account; a refund returns the money. The obligation concerns the verified overpayment, not necessarily everything you paid.
How to raise an overpayment clearly
Keep copies of your bills, payment confirmations and account statements. Compare what was billed with what you paid, and identify the particular payment or billing entry you believe is wrong.
Write to the provider explaining the mistake and asking for the overpayment to be checked and credited or refunded. Include copies of the records that support your request, and keep a copy of your message and any response.
If the figures remain unclear, ask the provider for a written explanation of how your payments were applied. That can help separate an actual overpayment from a misunderstanding about the account balance.
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.