KENYA Law and Practice Contributed by: Mary Waithiegeni Chege, Mary Anne Wachira and Joy Odhiambo, EMSI & Associates
practices that may be prescribed by the Cabi- net Secretary in regulations. The provisions of the Energy Act are also duplicated in the Draft Energy (Electric Power Undertaking Licensing) Regulations, 2024. Where energy infrastructure is removed, the surface of the land should be restored to its former condition as far as pos- sible by the licensee; failure to do so may result in the restoration being carried out by the own- er of the land, with costs recoverable from the licensee. The Energy (Draft Abandonment and Decommissioning) Regulations are expected to provide further guidance on decommissioning generation facilities. NEMA may issue an environmental restoration order requiring the person on whom it is served to restore the environment as near as possible to the state in which it was before the taking of the action that is the subject of the order. Any person who fails or refuses to comply with an environ- mental restoration order commits an offence and is liable to imprisonment or a fine. The Scrap Metal Act includes a framework for the disposal of critical national infrastructure, including physical and virtual assets or facilities related to electricity generation, transmission and distribution. The state entity responsible for the critical national infrastructure is required to dispose of scrap metal from critical national infrastructure to the Numerical Machining Complex and the Kenya Shipyard Limited for smelting into billets. Where there is inadequate capacity at either of these facilities, the state entity is required to seek approval to partner with a local smelter. The Energy (Electricity Licensing) Regulations require that an application for a generation licence shall include details of any expected
subsequent substantial capital outflows, includ- ing major decommissioning costs.
4. Transmission Lines and Associated Facilities 4.1 Constructing and Operating Transmission Lines and Associated Facilities All the laws and legislation referred to in 3.1 Con- structing and Operating Generation Facilities are applicable to the construction and opera- tion of transmission facilities, as is the Kenya National Transmission Grid Code. Environment reviews are required, as discussed in 3.2 Obtaining Approvals to Construct and Operate Generation Facilities . 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities The licence application and approval process is similar to that described for generation facilities in 3.2 Obtaining Approvals to Construct and Operate Generation Facilities . Additional documents and information to accompany an application for a transmission licence include: • a sufficient description of the actual or pro- posed locations of the electric supply lines and electrical plant constituting the intended transmission system and the area to which the application relates; • an indication of the extent to which those electric supply lines are or will be placed underground, and the locations of such lines;
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