Summary: Energy Act No. 01 of 2019


The Energy Act No. 01 of 2019 defines energy as any source of electrical, mechanical, hydraulic, pneumatic, chemical, nuclear, or thermal power for any use; and includes electricity, petroleum, coal, geothermal, biomass and all its derivatives, municipal waste, solar, wind and tidal wave power.

Energy, in the twenty-first century, attracts a number of topical issues that touch on climate change, models of revenue distributions, the expectation of positive development, and how it will affect the locals, County and National Governments, at least as per the structure of the Republic of Kenya (Kenya). The Government of Kenya (the Government) passed and assented the Energy Act No. 01 of 2019 (Energy Act) that consolidates all the laws relating to energy in Kenya.

The Constitution, under the Fourth Schedule, provides for functions of the County and National Government. The National Government has priority rights on matters about energy. Besides, while the exploration of various energy resources might result in revenue generation for the National Government, there is the need for equitable distribution of the revenue or benefits emerging from the exploration the energy resources. Recently, in Save Lamu & 5 others v National Environmental Management Authority (NEMA) & another [2019] eKLR, the Petitioners raised various issues, including the aspect of how the project would negatively impact the environment. Importantly, the decision was in favour of the Petitioners. As a result, it is evident that energy exploration not only results in economic growth but can also ruffle a person’s feathers.

The content herein is a summary of the Energy Act, which is meant to give relevant highlights on the new developments in regulating energy and to what extent does the Energy Act apply.

Download – Summary of the Energy Act 2019 (PDF)