KENYA Law and Practice Contributed by: Mary Waithiegeni Chege, Mary Anne Wachira and Joy Odhiambo, EMSI & Associates
• the GPS co-ordinates for the project location; • an approved PPA/tariff (not applicable for self-consumption); • a grid interconnection study report; and • a Letter of No Objection from the county government where the project will be located, together with the development permission from the county as well as identification and immigration status documentation for direc- tors. The application fee is KES10,000 (approximately USD78). Applications should be submitted online through the EPRA portal, together with three hard copies delivered to EPRA’s offices. EPRA is obliged to process all licence applications within 60 days after providing written confirmation to the appli- cant that the application is complete. Key issues for consideration by EPRA include: • the cost of the undertaking and financing arrangements; • the ability of the applicant to operate in a manner designed to protect the health and safety of its employees and users of the service; • the technical and financial capacity of the applicant to render the service for which the licence is required; • the proposed tariff; and • any representations or objections made by the public following a public advertisement of the applicant’s intention to apply for the generation licence. Developers for renewable energy projects not exceeding 20 MW in biomass, biogas and small hydro technologies to be undertaken under the Feed-in Tariff Policy, 2021 should first submit an
Expression of Interest to the Ministry of Energy for approval. In addition to the generation licence discussed above, the following permits will also be required prior to constructing a generation facility: • an electrical installation permit issued by EPRA for any person who wishes to carry out electrical installation work; • an Environmental Impact Assessment Licence and Noise Permit issued by the National Envi- ronmental Management Authority (NEMA); • registration of the contractor and the work site with the National Construction Authority; • development permission issued by the county government; and • approval for the height of any structure from the Civil Aviation Authority. The principle of public consultation is enshrined in the Constitution of Kenya, which recognises the participation of the people as one of the national values and principles of governance, and further provides that the State shall encour- age public participation in the management, protection and conservation of the environment. The Energy Act requires a person intending to lodge a licence application to place a 15-day public notice in at least two newspapers of nationwide circulation. The notice should inform the public of their right to make representations and objections to the grant of the licence, and to address these to EPRA. The Environmental (Impact Assessment and Audit) Regulations specifically require that public participation is mandatory during the process of conducting an EIA Study and the project propo- nent is obliged, in consultation with NEMA, to seek the views of persons who may be affected
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