Energy Act, 2019.

This Law essentially consolidates the laws relating to all forms renewable and non-renewable energy in Kenya and provides extensively for the promotion of the efficient management of energy within the country. The Cabinet Secretary, in consultation with stakeholders is empowered by this legislation to develop and publish a national energy policy which shall be reviewed every five years. Annexed to this is the power to develop, publish and review energy plans in respect of coal, renewable energy and electricity. The Cabinet Secretary is also required to publish a report on the implementation of the integrated energy plan.
The Law places an obligation on the Government to facilitate the provision of affordable energy services to all Kenyans and develop a conducive environment for the promotion of investments in energy infrastructure development, including facilitation of acquisition of land for energy infrastructure development in accordance with the Law.
In order to regulate the energy industry, the Act prescribes that any person who wishes to carry out the business of production of energy from coal, or the generation, exportation, importation, transmission, distribution and retail supply of electricity, must apply for a licence.
The Law establishes an Energy and Petroleum Regulatory Authority, to regulate the generation, importation, exportation, transmission, distribution, supply and use of electrical energy with the exception of licensing of nuclear facilities; regulate the importation, refining, exportation, transportation, storage and sale of petroleum and petroleum products with the exception of crude oil; regulate the production, conversion, distribution, supply, marketing and use of renewable energy; and regulate the exploration, extraction, production, processing, transportation, storage exportation, importation and sale of coal bed methane gas and other energy forms. The Law grants to the Authority all powers necessary for it to carry out its functions including, the power to issue, renew, modify, suspend or revoke licences and permits for all undertakings and activities in the energy sector; set, review and approve contracts, tariffs and charges for common user petroleum logistics facilities and petroleum products; set, review and adjust electric power tariffs and tariff structures and investigate tariff charges, whether or not a specific application has been made for a tariff adjustment; prescribe the form and manner in which any application for any authority, licence, consent or approval under this Act shall be made and the fees payable in respect of such application, amongst others. The Authority is managed by a Board whose composition is provided for under the Law and includes: the Energy and Petroleum Tribunal for the purpose of hearing and determining disputes and appeals that arise in arise in connection with the Law; the Rural Electrification and Renewable Energy Corporation to oversee the implementation of the Rural Electrification Programme, source additional funds for the Rural Electrification Programme and renewable energy, develop and update the rural electrification master plans in consultation with County Governments, develop and update the renewable energy master plan taking into account county specific needs and the principle of equity in the development of renewable energy resources, support the establishment of energy centres in the counties, among others; the Nuclear Power and Energy Agency to be the nuclear energy programme implementing organization and promote the development of nuclear electricity generation in Kenya; and carry out research, development and dissemination activities in the energy and nuclear power sector; a renewable energy feed-in-tariff system with the objective of catalysing the generation of electricity through renewable energy sources; encouraging local distributed generation thereby reducing demand on the network and technical losses associated with transmission and distribution of electricity over long distances; encouraging uptake of, and stimulate innovation in, renewable energy technology; and reducing greenhouse gas emissions by lessening reliance on non-renewable energy resources. Additionally, the Act empowers the County Governments to establish a fund for the purposes of promotion of efficient use of energy and its conservation within the County.