KENYA Law and Practice Contributed by: Mary Waithiegeni Chege, Mary Anne Wachira and Joy Odhiambo, EMSI & Associates
Where assets are owned by state-owned enti- ties, the Public Procurement Regulatory Author- ity is charged with overseeing public asset dis- posal under the Public Procurement and Asset Disposal Act. As part of the licence application process, the applicant is required to submit documentation evidencing its financial, technical and opera- tional qualifications to undertake the proposed generation, transmission or distribution activity. The licensee is also obliged to submit at least the following to EPRA: • an annual performance report incorporating financial and technical performance within 180 days of the end of the licensee’s financial year; and • financial statements for each financial year, together with the report of an external auditor. Any new purchaser of electricity assets or acquirer of a business would be required to demonstrate its financial and technical capabili- ties to EPRA, and to comply with the reporting The MoEP is mandated to develop a five-year Integrated National Energy Plan (INEP), and pro- vides strategic direction to facilitate growth of the energy sector The Energy (Integrated Nation- al Energy Plan) Regulations, 2025 provide a framework for a co-ordinated approach in ener- gy planning in Kenya. National energy service providers are required to develop plans for the provision of energy services, while county gov- ernments are obliged to develop county energy plans, taking into account the national energy policy and all viable energy supply options. obligations in the specified licence. 1.5 Central Planning Authorities
The INEP serves as an energy sector inter- governmental guide on the short, medium and long-term energy requirements based on evolv- ing economic, socio-political and technical issues to ensure the delivery of reliable energy. It is reviewed every three years, and the Cabinet Secretary is tasked with preparing and publish- ing annual reports highlighting the progress of its implementation. County governments are charged with the preparation of County Energy Plans incorpo- rating petroleum, renewable energy and elec- tricity master plans. They are also required to undertake physical planning relating to energy resource areas such as dams, solar and wind farms, municipal waste dumpsites, agricultural and animal waste, ocean energy, woodlots and plantations for the production of bio-energy feedstock, as well as the facilitation of energy demand by planning for industrial parks and other energy-consuming activities. Kenya Power co-ordinates electricity planning in the sector through the Least Cost Power Devel- opment Plan (LCPDP), with the most recent cov- ering the period 2024–2043. The LCPDP details planned generation and transmission infrastruc- ture based on projected electricity demand and least-cost technology options. 1.6 Recent Changes in Law or Regulation The following regulations have been passed in the last year: • the Energy (Integrated National Energy Plan) Regulations 2025, which provide guidelines on the preparation, content, timelines, publi- cation and monitoring of energy plans and the integrated national energy plan;
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