Energy Laws in Kenya
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. The Energy Act is the substantive Energy Laws in Kenya.
Energy attracts a number of topical issues. These issues include climate change, revenue distributions, the expectation of positive development, and how it will affect the Governments. The Government of Kenya (the Government) passed and assented the Energy Act No. 01 of 2019 (Energy – EPRA) that consolidates all the laws relating to energy in Kenya – Energy Laws.
Energy Laws: 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, there is the need for equitable distribution of the revenue or benefits. Recently, in Save Lamu & 5 others v National Environmental Management Authority (NEMA) & another  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 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 – Energy Laws. Also, to what extent does the Energy Act apply.
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