KENYA Law and Practice Contributed by: Mary Waithiegeni Chege, Mary Anne Wachira and Joy Odhiambo, EMSI & Associates
• the Energy (Energy Management) Regulations 2025, which promote energy management in commercial, industrial and institutional facilities with the aim of reducing energy con- sumption per unit of production; • the Energy (Net Metering) Regulations 2024, which promote the use of renewable energy technologies by providing consumers with energy storage on the grid; and • the Energy (Energy and Petroleum Regulatory Authority Petroleum Levy) Regulations 2024, which impose a levy that shall be used to finance the operations of EPRA. 1.7 Announcements Regarding New Policies The following Energy Regulations are undergo- ing the legislative process in Kenya. • The Energy (Electricity Market, Bulk Supply and Open Access) Regulations will be appli- cable to the generation, importation, exporta- tion, transmission, distribution and retail of supply of electricity, and will govern electric- ity markets as well as obligations relating to open access by market players. • The Energy (Electric Power Undertaking Licensing) Regulations aim to promote pru- dent operational practices in the exportation, importation, generation, transmission, distri- bution and retail supply of electrical energy. The draft was published in April 2025 by EPRA for public consultation and. if passed, will repeal the Energy (Electricity Licensing) Regulations, 2012. • The Energy (Electricity Supply and Installa- tion) Regulations are proposed to govern all persons involved in the planning, construc- tion, operation and maintenance of electric supply lines, the connection of any premises to an electricity supply system, and electri-
cal installation work at the premises of any consumer. • The Energy (System Operations) Regulations outline the obligations of the system operator with regards to the safety, efficiency, econ- omy, reliability and security of the national power system. • The Energy (Reliability, Quality of Supply & Service) Regulations will govern both grid- connected and off-grid systems with clear performance standards in accordance with the Grid Code and service levels with cus- tomers/consumers. • The Energy (Electricity Incident and Accident Reporting) Regulations outline the obligations of persons in the electricity sector, as well as their agents, with respect to fatal and non- fatal incidents as well as dangerous occur- rences and environmental damage. 1.8 Unique Aspects of the Power Industry A unique feature of Kenya’s power industry is its reliance on renewable energy sources, including geothermal, wind, solar and hydro power, which comprise close to 85% of installed capacity, with a target of 100% by 2030. In particular, Kenya was the first and leading African country to tap into its geothermal resources and ranks as the sixth largest producer globally, with over 988 MW installed capacity. Notably, the LCPDP records that all diesel and gas oil power plants are expected to be decom- missioned by 2035.
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