Gazette Notice No. 2089 of 2025

Items 19

1. Legislation notice 1

   Link

   Issuing authority

   Cabinet Secretary for Energy

   Licensing authority

   Energy and Petroleum Regulatory Authority

   Body

   Energy and Petroleum Tribunal (Defined as the Tribunal established under the Act.)

   Instrument

   Energy (Electric Power Undertaking Licensing) Regulations, 2024

   Purpose

   To promote prudent operational practices in exportation, importation, generation, transmission, distribution and retail supply of electrical energy.

   Application

   Any person who engages or intends to engage in the exportation, importation, generation, transmission, distribution and/or retail supply of electrical energy; subject to sub-regulation (1), any undertaking for commercial purposes regardless of the installed capacity.

   Exceptions

   Generation for own use where capacity does not exceed 1 MW; generation to supply isolated mini-grids where capacity does not exceed 1 MW; generation used as a back-up.

   Licensing requirement

   A person shall not engage in exportation, importation, generation, transmission, distribution and/or retail supply of electrical energy unless licensed by the Authority.

   Public advertisement

   Before applying for a licence, a person shall issue a notice of fifteen days’ by public advertisement pursuant to section 119 (4) of the Act, in the form set out in the First Schedule.

   Application requirements

   Submit online together with two paper/hard copies delivered or sent by prepaid post to the Authority, using the Second Schedule form, accompanied by Third Schedule documentation and proof of payment of Fourth Schedule application fees.

   Licence categories

   Electricity generation licence; Electricity transmission licence; Electricity distribution licence; Electricity retail supply licence; Electricity export/import licence.

   Objections

   45 days, as printed

   Objection period start

   after the date of the public notice

   Objection response period

   The applicant shall address, in writing, the issues raised in the objection within fifteen days.

   Objection hearing

   Where the applicant fails to satisfactorily address the issues raised, the Authority shall initiate a hearing after notifying the applicant and objector of its place and time. The Authority may hear objections in public within fifteen days of the notice.

2. Legislation notice 2

   Link

   Licensing authority

   Authority

   Regulation 8 3

   (3) The hearing shall be conducted in the manner to be determined by the Authority and agreed to by all the parties.

   Regulation 9 1

   9. (1) The Authority may, after holding a hearing, reject an objection, accept an objection or direct the applicant to amend the application or provide additional information regarding the application.

   Regulation 9 2

   (2) The Authority shall communicate its decision to the parties within thirty days after the hearing.

   Regulation 9 3

   (3) The duration of the hearing shall not be considered as part of the licence processing period specified in section 121 (2) of the Act.

   Regulation 10 1

   10. (1) The Authority shall, within fifteen days of receipt of an application for a licence, inform the applicant if the application is complete.

   Regulation 10 2

   (2) The Authority shall process all applications for a licence within sixty days and communicate the outcome to the applicant. This period precludes the fifteen days in sub regulation (1).

   Regulation 10 3

   (3) The Authority shall, in granting or rejecting an application for a licence, consider the factors outlined in section 121(1) of the Act.

   Regulation 10 4

   (4) Where the Authority declines to grant a licence, it shall within seven days, inform the applicant in writing the reasons for the decline.

   Regulation 10 5

   (5) Where a licence application is approved, the applicant shall be required to pay the grant of the licence fees set out in the FOURTH SCHEDULE within thirty days of the approval.

   Regulation 11 1

   11. (1) The Authority shall issue a licence, within fifteen days of payment of grant of licence fees, in the form set out in the FOURTH SCHEDULE and it shall be valid for the specified period.

   Regulation 11 2

   (2) The licensee shall be required to pay the applicable annual licence fees as set out in the FOURTH SCHEDULE within thirty days of each annual anniversary of the licence commencement date until its expiry date.

   Licence renewal

   If the licensee wishes to renew the licence, he/she shall submit to the Authority an application, in the form set out in the SECOND SCHEDULE, not later than thirty-six months prior to its expiry. The licence shall conform to the format prescribed in the FIFTH SCHEDULE.

   Regulation 12 1

   12. (1) A licensee who wishes to transfer a licence or change the controlling interest in the undertaking shall apply for approval from the Authority in the form set out in the Sixth Schedule.

   Regulation 12 2

   (2) For purposes of sub regulation (1) transfer of licence shall be for reasons provided in section 124 of the Act while change in controlling interests shall include:

   Regulation 12 2 a

   (a) any action that may lead to a decrease of the licensee’s share capital existing on the date the licence was granted.

   Regulation 12 2 b

   (b) any acquisition by a third party of more than 50% of the licensee’s share capital;

   Regulation 12 2 c

   (c) the intention of the licensee to increase or decrease its authorized capital or its paid up capital.

   Regulation 13 1

   13. (1) The Authority may suspend or revoke a licence issued under these Regulations in accordance with section 126 of the Act

   Regulation 13 2

   (2) Upon revocation of a licence, a licensee shall be required to surrender the original licence to the Authority within fourteen days.

   Regulation 14

   14. Where a licensee demonstrates to the Authority that a licence issued under these Regulations has been defaced, destroyed or lost, the Authority may, on payment of the fees in the Fourth Schedule, issue a duplicate licence.

   Regulation 15 1

   15. (1) A licensee shall be responsible for planning, construction, operation and maintenance of the licensed undertaking in compliance with the Act, Grid Code, applicable standards, guidelines and regulations.

   Regulation 15 2

   (2) A licensee shall conduct his undertaking in the manner which achieves performance standards and quality of supply and service levels to which he is subject, as may be established or approved by the Authority, or any other applicable standard established in Codes or Regulations issued under the Act.

   Regulation 15 3

   (3) A licensee shall provide reports to the Authority on technical and financial performance of the licensed undertaking in the form and manner prescribed by the Authority.

   Regulation 16 1

   16. (1) The Authority or its agent may carry out enforcement, or routine inspections during the construction or operation of a power undertaking to ensure compliance with these Regulations pursuant to Section 11 of the Act. The compliance inspection may involve evaluation of compliance with the technical, environmental, health, and safety requirements of the power undertaking.

   Regulation 16 2

   (2) Where the compliance inspection in sub-regulation (1) is a routine inspection, the Authority shall issue the licensee with at-least seven days’ notice.

   Regulation 16 3

   (3) Where it is suspected that any person is in violation of these Regulations, licence conditions or the Act, the Authority may undertake enforcement audit without prior notice.

   Regulation 17 1

   17. (1) Where the Authority finds that any provision of these Regulations has been contravened by a licensee or system owner or that a condition has arisen which may lead to the contravention of these Regulations, the Authority may issue a compliance order compelling the person to comply with the Regulations.

   Regulation 17 2

   (2) An order issued under this regulation shall be in the form set out in the Eighth Schedule.

   Regulation 17 3

   (3) A person who does not comply with a notice issued under sub regulation (2) within the specified period commits and offence.

   Regulation 18

   18. A licensee shall comply with the provisions of all the applicable environmental, health and safety laws.

   Regulation 19 1

   19. (1) A licensee shall adopt and implement reasonable and prudent policies in relation to the management and insurance of risks associated with the undertaking.

   Regulation 20

   20 A licensee shall maintain books of accounts in accordance with section 129 of the Act.

   Regulation 21

   21. All complaints and disputes between a licensee and any party shall be resolved as per the Act and the relevant regulations.

   Regulation 22 1

   22. (1) A licensee shall notify the Authority of accident(s) or incident (s), as provided in Section 214 of the Act and applicable regulations

   Regulation 22 2

   (2) The Authority may carry out independent investigations of power undertaking related accidents.

3. Legislation notice 3

   Link

   Licensing authority

   Energy and Petroleum Regulatory Authority

   Application recipient

   The Director General

   Court

   Tribunal (Appeals against a decision or order of the Authority.)

   Regulation 23

   The decommissioning of power undertakings licensed under these Regulations shall be in accordance with section 186 of the Act and any subsidiary legislations or guidelines.

   Regulation 24 1

   Offences and their related penalties are as set out in the SEVENTH SCHEDULE.

   Regulation 24 2

   The penalties in these regulations are without prejudice to the Authority’s right to suspend or revoke a licence.

   Regulation 25

   A licensee shall comply with the local content requirements in accordance with section 206 of the Act

   Regulation 26

   Any person aggrieved by a decision or order of the Authority may appeal to the Tribunal in accordance to section 24 of the Act

   Regulation 27

   The transitional provisions set out under EIGHTH SCHEDULE shall apply

   Regulation 28

   The Energy (Electricity Licensing) Regulations 2012 are repealed.

   Objections

   30 days, as printed

4. Legislation notice 4

   Link

   Form instruction

   Give full details of proprietors or partners owning business or directors/shareholders of the company, as applicable

5. Legislation notice 5

   Link

   Document issuer

   Registrar of Companies in Kenya (Certified Form confirming details of directors/shareholders (such as CR 12)), Kenya Revenue Authority (Valid tax compliance certificate), Host County Government (Physical Planning Approval)

   Public notice period

   at least fifteen days

   Public advertisement

   at least two newspapers of nationwide circulation

   Submission requirements

   The documents shall be submitted online with two (1) paper/hard copies.

6. Legislation notice 6

   Link

   Body

   National Environmental Management Authority (Project approval by the National Environmental Management Authority is listed among the licence application documents.)

   Requirements

   Licence application documents, feasibility study minimum requirements and engineers report format.

7. Legislation notice 7

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   Type

   Legislation notice

8. Legislation notice 8

   Link

   Licensing authority

   Energy and Petroleum Regulatory Authority (Authority named in the form of licence.)

   Body

   Board of Directors of Energy and Petroleum Regulatory Authority (Board defined in the form of licence.)

   Licence form

   LICENCE CATEGORY Issued to «LICENSEE» In respect of A «Capacity_Rounded» «Capacity_Units» MINI-GRID IN «COUNTY» COUNTY. By ENERGY AND PETROLEUM REGULATORY AUTHORITY Dated: «Date_Granted»«Date_Granted» LICENCE REF NO. «REF_NO»

   Interpretation 1

   (1) Any word or expression defined in the Act or the Interpretation and General Provisions Act, Chapter 2 of the Laws of Kenya shall, unless the context otherwise requires, have the same meaning ascribed thereto when used in this Licence.

   Interpretation 2

   (2) Any reference to a statute shall include any statutory amendments, modification or re-enactment thereof and subsidiary legislation made thereunder after the date when this Licence comes into force and effect.

   Interpretation 3

   (3) In this Licence, unless the context requires otherwise-

   Definition act

   “Act” means the Energy Act No. 1 of 2019 and includes any subsidiary legislation made thereunder;

   Definition authority

   “Authority” means the Energy and Petroleum Regulatory Authority established under Section 9 of the Act;

   Definition board

   “Board” means the Board of Directors of Energy and Petroleum Regulatory Authority;

   Definition grid code

   “Grid Code” means both the Kenya National Transmission Code and the Kenya National Distribution Code;

   Definition lenders

   “Lenders” means any financial institutions, which have provided loans or hedging facilities to the Licensee for purposes of developing the power plant and associated infrastructure and includes their agents, trustees, transferees and assigns;

   Definition licensee

   “Licensee” means the holder of this Licence, being «Licensee», a company incorporated in «Country_of_incorporation» under Certificate of Incorporation No. «Certificate_of_Registration_No» and includes its successors and permitted transferees;

   Definition tariff

   “Tariff” means the prices, rates, costs and all other charges approved by the Authority to be paid by electricity Consumers.

9. Legislation notice 9

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   Grant form

   IN EXERCISE of the powers conferred by the provisions of sections 11 (a), 117 and 122 of the Energy Act No. 1 of 2019, the Authority, Hereby Grants this Electric Power Distribution and Supply Licence to «Licensee», a limited liability company incorporated in the «Country_of_incorporation» having its registered office at «Office_Address»(the Licensee) to distribute and supply electrical energy at «Location_of_Power_Plants» in «County» County as more particularly described in this Electric Power Distribution and Supply Licence(Licence).

   Undertaking

   This Licence is specific and limited to installation of «Licence_Description» and more specifically as described in this Licence. The electric network located in «County» County is owned, maintained and operated by the Licensee.

   Undertaking limitation

   For the avoidance of doubt, it is hereby stated that the Licence does not authorize nor entitle the Licensee to carry out any other undertaking except the undertaking herein specified and licensed.

   Duration

   This Licence shall come into force and effect on «Date_Granted»«Date_Granted» (Commencement Date) and shall continue in operation from the Commencement Date for a duration of «Duration_words» («Duration_Years») years subject to the provisions of the Act and to the terms and conditions specified herein.

   Amendment clause 4

   (4) This Licence may be amended, transferred or renewed in accordance with Section 119(1) and Section 122 (3) of the Act.

   Renewal clause 5

   (5) If the Licensee wishes to renew this Licence after its expiration date of «Expiration_Date»«Expiration_Date» the Licensee shall submit to the Authority an application for renewal not later than thirty-six (36) months prior to the expiration of this Licence.

   Renewal clause 6

   (6) The Authority shall have the right to accept or reject the application for renewal in light of the Licensee’s performance during the period preceding the application for renewal.

   Suspension or revocation

   The conditions of this Licence are subject to suspension or revocation in accordance with the terms herein specified and Section 126 of the Act.

   Force majeure condition

   If the Licensee is prevented from performing any of its obligations under this Licence because of Force Majeure:

   Force majeure clause 1

   (1) The Licensee shall notify the Authority of the obligations it is prevented from performing as soon as reasonably practicable; and

   Force majeure clause 2

   (2) The Authority may suspend those obligations and the Licensee will not be liable to perform those obligations, for so long as the Force Majeure continues, only if and to the extent that the inability to perform could not have been prevented by taking steps specifically required under this Licence, or other reasonable precautions and the inability cannot reasonably be circumvented by the Licensee at its expense through the use of alternative sources, work-around plans or other means.

   Liability

   Notwithstanding any provisions of this Licence, the Licensee is subject to liability under tort and contract laws of Kenya.

   Office clause 1

   (1) The Licensee shall at the commencement of this Licence provide to the Authority an electronic, postal and physical address of an office in Kenya at which communication from the Authority may be sent or delivered.

   Office clause 2

   (2) The Licensee shall maintain such offices until this Licence expires or is revoked under the Act.

   Property acquisition

   The Licensee shall ensure that any compulsory acquisition or taking of property by the Licensee for purposes related to the electric power undertaking by virtue of this Licence shall be made in compliance with the law and in particular Article 40 of the Constitution of Kenya.

   Capital clause 1

   (1) The Licensee shall be required, for the duration of the Licence, to notify the Authority of any of the following:

   Capital clause 1 a

   (a) Any action that may lead to a decrease of the Licensee’s share capital existing on the date this Licence was issued;

   Capital clause 1 b

   (b) Any acquisition by a third party of more than 25% of the Licensee’s share capital;

   Capital clause 1 c

   (c) A Change in Control of the Licensee;

   Capital clause 1 d

   (d) The intention of the Licensee to increase or decrease its authorized capital or its paid up capital.

   Capital clause 2

   (2) The Licensee shall be required, for the duration of the Licence, to obtain the prior written approval of the Authority for any of the following:

   Capital clause 2 a

   (a) Subject to paragraph (4), disposal of any part of the Licensee’s electric power undertaking (including any of the assets forming part of the undertaking) by means of sale, transfer, merger, lease or any other means; and

   Capital clause 2 b

   (b) Any action that may lead to a decrease of the Licensee’s share capital existing at the time this Licence was issued that may affect the financial, technical or operational qualifications on which the granting of this Licence was based.

   Capital clause 3

   (3) For the purposes of Paragraph (1) (c) above and notwithstanding anything to the contrary contained in this Licence, a person shall be considered to have control of the Licensee if the person exercises, or is able to exercise or is entitled to acquire, direct or indirect control over the Licensee’s affairs, and in particular, but without prejudice to the generality of the foregoing, if the person possesses or is entitled to acquire a majority of the issued share capital of the Licensee or to exercise a majority of the voting rights in the Licensee.

   Capital clause 4

   (4) For the purpose of paragraph (2) (a), the Licensee shall have the right to dispose of an asset or part of its undertaking without the prior approval of the Authority if the Authority has issued a directive granting a general consent for the disposal of the assets of a specified description or below a specified value, and the Licensee has provided, prior to the disposal, the Authority with evidence that the asset or part of undertaking to be disposed off falls within the provisions of such directive or if the disposal is for operational purposes in the ordinary course of business.

10. Licence notice 10

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    Disposal 5

    (5) Without prejudice to paragraph (4) above, the Licensee may apply by notice to Authority for permission of disposal of assets, specifying assets to be disposed and the reasons, or for the approval of any of the actions set out in paragraph (2) (b) above.

    Disposal 6

    (6) The Licensee may dispose of the relevant assets, or may undertake any of the actions set out in paragraph (2) (b) above, as specified in the notice referred to in paragraph (5), if:

    Disposal 6 a

    (a) The Authority confirms in writing that it consents to such disposal or action; or

    Disposal 6 b

    (b) The Authority does not inform in writing of any objection to such disposal or action within thirty (30) days of the notice;

    Disposal 6 c

    (c) Paragraph (4) above applies, or

    Disposal 6 d

    (d) The Licensee is obliged by law or final order of a competent court to dispose of the relevant asset or part of its undertaking, but without prejudice to the Authority’s power to revoke this Licence as a result of such disposal.

    Transferability 1

    (1) Subject to paragraph (2) herein below, the Licensee shall not transfer or otherwise divest himself of any rights, powers or obligations conferred or imposed upon him by this Licence without the written consent of the Authority.

    Transferability 2

    (2) The Authority hereby consents to the transfer of the undertaking and the Licence to the secured Lenders or to parties duly nominated by them under the terms and conditions of the financing agreements relating to the undertaking.

    Transferability 3

    (3) Subject to the provisions of Section 117 of the Act and to this Licence, the Licensee may apply for other Licences for electric power undertakings in any area within the Republic of Kenya.

    Transferability 4

    (4) The Licensee shall not purchase or acquire any undertaking or associate himself with any public or local authority, company, person or body of persons supplying electrical energy under any Licence, except with the authority of the Authority.

    Transferability 5

    (5) If the Licensee contravenes the provision of paragraph (1) above it shall be liable to the revocation of its Licence, in addition to such other action as the Authority may deem fit.

    Information 1

    (1) The Licensee shall on request by the Authority provide it with any information relating to its activities conducted under or in connection with this Licence, as the Authority may consider necessary for the purpose of performing the functions assigned to it by or under the Act.

    Information 2

    (2) After the end of each financial year, the Licensee shall submit to the Authority an annual performance report indicating the quality of service and performance of the Licensee during the previous year against the Performance Standards established in Paragraph 24 below.

    Information 3

    (3) The Licensee shall also furnish to other licensees such information as may be reasonably required by those licensees in order to ensure the secure and efficient operation, co-ordinated development and inter-operability of the electricity network.

    Information 4

    (4) The information requested in paragraphs (1) and (2) shall be provided by the Licensee:

    Information 4 a

    (a) As soon as possible and not later than the date specified in the request, and

    Information 4 b

    (b) In such form and manner as the Authority or other licensee may require.

    Information 5

    (5) The Licensee shall submit annual reports to the Authority on his undertakings that encompass the financial and technical aspects, performance within one hundred and eighty (180) days of the end of the Licensee’s financial year, or such other period approved by the Authority, and such other reports as required by the Authority.

    Information 6

    (6) For purposes of this Condition, “information” shall include any plans, drawings, specifications, designs, documents, reports, accounts, statistics, registers (including registers relating to the Licensee’s Members or Directors from time to time) or planned annual maintenance schedules (whether or not prepared specifically at the request of the Authority or other licensee) of any description specified in the request.

    Information 7

    (7) The Authority or any person authorized by the Authority in writing may:

    Information 7 a

    (a) At all reasonable times, enter upon the premises of the Licensee and inspect or investigate any plant, machinery, books, accounts and other documents found thereat and take copies thereof, and/or

    Information 7 b

    (b) Require the Licensee to furnish to the Authority, books, accounts, records and other documents in such form as the Authority may demand.

    Information 8

    (8) The Authority may require that the accuracy of any documents or particulars be verified by a person who, in the Authority’s opinion, is competent to verify such documents or particulars or render a professional opinion thereon.

    Information 9

    (9) A person authorized by the Authority, shall produce proof of such authorization at the request of any person affected by its activities.

    Information 10

    (10) The Licensee shall submit the following financial data to the Authority when requested by the Authority:

    Information 10 a

    (a) the Licensee’s financial statements for each Financial Year, together with the report of an external auditor and his or her remarks on such financial statements;

    Information 10 b

    (b) any other financial data the Authority may specify with a reasonable prior notice.

    Information 11

    (11) The Authority may ask for other reports as needed to fulfil its responsibilities.

    Compliance 1

    (1) The Licensee shall give officers of the Authority or any person or persons duly authorized by the Authority access to the licensee’s plant, premises or installations for the purposes of any inspection under the Act or for ascertaining if the provisions of the Act or this Licence are being complied with.

    Compliance 2

    (2) The Licensee shall also comply with the provisions of the Grid Code in respect of inspection and testing of its plant, premises or installations by other licensees.

    Compliance 3

    (3) Entry into the Licensee’s plant, premises or installations pursuant to sub-paragraphs (1) and (2) of this Paragraph shall be upon reasonable notice to the Licensee.

11. Licence notice 11

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    Notification requirement

    The Licensee shall promptly notify the Authority in writing of the occurrence of any of the following events:

    Notification a

    Any accident by electric shock, and also of any other accident of such kind as to have caused, or to have been likely to have caused loss of life or personal injury, and of any explosion or fire, which has arisen from and in the course of the generation, transformation, conversion, transmission, distribution or supply of electrical energy by the Licensee, or which has arisen in or about any generating station, substation, switch station, factory, works or electric supply lines of the Licensee and also notice of any loss of life or personal injury occasioned by any such accident, explosion or fire;

    Notification a proviso

    Provided that such notice shall be sent by the earliest practicable post and/or electronic means, after the accident, explosion or fire occurs, or, as the case may be, after the loss of life or personal injury becomes known to the licensee.

    Notification b

    Any event which threatens the Licensee’s financial ability to discharge its obligations under this Licence or any Power Purchase Agreement;

    Notification c

    Any forced outage affecting a significant portion of the undertaking which is likely to subsist for a continuous predetermined duration specified in the notice of outage;

    Notification d

    Changes relating to the physical, electronic and postal address of the Licensee in Kenya;

    Notification e

    Any change in the composition or structure of the shareholding of the Licensee affecting the original or subsequent subscribers to the Licensee’s registered memorandum of association; or in the event that the securities of the Licensee become listed in a securities exchange, any transaction with the effect of making a single person control five percent (5%) or more of the voting power at any general meeting of the Licensee; or

    Notification f

    Any transfer of the undertaking and Licence under Paragraph 12.

    Confidentiality 1

    The Licensee shall maintain the confidentiality of the information and data it possesses on other licensee, in accordance with the agreements with such licensee, where applicable, and may not disclose such information to third parties (other than the Authority) except when requested by laws or relevant authorities, or to the extent authorised by the concerned licensee or the Authority, or required in relevant Codes or Regulations.

    Confidentiality 2

    The Licensee shall ensure (and shall procure that its affiliates shall also ensure) that all information received by it relating to other licensees is not used by the Licensee or its affiliates for any:-

    Confidentiality 2 a

    Purpose other than that for which it was provided or for a purpose permitted by this Licence or the Grid Code;

    Confidentiality 2 b

    Commercial advantage in the provision of any service other than a service comprised in the undertaking.

    Confidentiality 3

    The Licensee may request the Authority not to disclose commercially sensitive information provided by the Licensee to the Authority pursuant to this Licence. Upon satisfaction of the Authority that the information is commercially sensitive, the Authority shall not disclose any part of or all of such information, as applicable, without the prior approval of the Licensee. These restrictions shall not apply to information:

    Confidentiality 3 a

    Which is in the public domain; or

    Confidentiality 3 b

    Which is, or becomes, publicly known or available otherwise than through the action of the Authority; or

    Confidentiality 3 c

    Relating to performance and the level of compliance of the Licensee with the Performance Standards; or

    Confidentiality 3 d

    Required pursuant to an order of a competent court or pursuant to a statute or regulation in force within the Republic of Kenya.

    Environment health safety 1

    The Licensee shall comply with the provisions of all environmental, health and safety laws in force in Kenya.

    Environment health safety 2

    The Authority may, after consultations with the appropriate authorities, issue orders relieving the Licensee of its obligations under paragraph (1) hereof relating to environmental laws to the extent that such exemption is permitted under the applicable environmental laws.

    Environment health safety 3

    The Licensee shall carry out its undertaking in a manner that is designed to protect the health and safety of persons employed by the Licensee at the undertaking and the users of the service and other members of the public who would be affected by its operations.

    Insurance

    The Licensee shall adopt and implement reasonable and prudent policies in relation to the management and insurance of risks associated with the undertaking.

    Licence fees 1

    The Licensee shall, at the times stated hereunder, pay to the Authority fees of the amount specified in, or determined under, sub-paragraphs (2) and (3) of this Paragraph.

    Licence fees 2

    Within 30 days after the commencement of this Licence, the Licensee shall pay to the Authority’s account a Licence fee of Kes.«Grant_Fee_KesFigures»(Kenya Shillings «Grant_Fee_Kes_Words»).

    Licence fees 3

    In respect of the year beginning on the expiration of twelve calendar months from the Commencement Date of this Licence, and in every subsequent year, the Licensee shall pay to the Authority’s account an annual fee of Kes.«Annual_Fee_KesFigures»(Kenya Shillings «Annual_Fee_Kes_Words» Only).

    Licence fees 4

    The fee shall be paid by the Licensee to the Authority within thirty (30) days of the annual anniversary of the Commencement Date of this Licence until expiry.

    Payments to licensee 1

    The payments to be made to the Licensee in respect of electrical energy sold or ancillary or network services provided by virtue of this Licence shall be in accordance with the applicable Power Purchase Agreement (if any).

12. Licence notice 12

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    Payments 2

    (2) Except as stated in the Power Purchase Agreement or tariffs approved by the Authority, no rebate or reduction in the maximum prices will apply in consideration of any stated improvement in the conditions of the demand by reason of load factor, time of the demand or other circumstances of the demand.

    Accounts audit 1

    (1) In the event that the Licensee holds one or more Licences in addition to this Licence, unless specifically exempted by the Authority or treated as a single undertaking by the Authority, the Licensee shall ensure that the accounts of each undertaking under each licence shall be kept separate and distinct and in the manner and form prescribed by the Authority.

    Accounts audit 2

    (2) The Licensee shall maintain its books of accounts (relating to its undertaking by virtue of this Licence) in the form and particulars prescribed by the Authority under the Act.

    Accounts audit 3

    (3) The Licensee shall ensure that the accounts pertaining to the Licensee’s undertaking are examined and audited by such competent and impartial persons appointed by the Licensee.

    Accounts audit 4

    (4) The Authority may at any time, and at the Licensee’s expense, require auditors appointed by the Licensee and approved by the Authority, to investigate and report to it upon any such particular matter or things relating to or arising out of the accounts of the Licensee in respect of the undertaking to which this Licence relates.

    Accounts audit 5

    (5) The Licensee shall give to the auditor and his or her personnel access to such of the books and documents relating to the undertaking as are necessary for the purposes of the audit, and shall when required furnish to him/her and them all vouchers and information requisite for that purpose, and shall afford to them all facilities for the proper execution of their duty.

    Accounts audit 6

    (6) The Licensee shall ensure that any report made by the auditor, or such portion thereof as the Authority may direct, shall be appended to the annual statement of accounts of the Licensee.

    Fair competition 1

    (1) The Licensee shall:

    Fair competition 1 a

    (a) Not show undue preference to, or exercise unfair discrimination against, any person or other licensee, in respect of its undertaking;

    Fair competition 1 b

    (b) Not engage in any practice or enter into any arrangement that has the object or the likely effect of preventing, restricting or distorting competition in the generation, transmission, distribution or supply of electrical energy; and

    Fair competition 1 c

    (c) Comply with every direction issued by the Authority for the purpose of preventing any practice or arrangement that has the object or effect of preventing, restricting or distorting such competition.

    Fair competition 2

    (2) The Licensee shall not directly or indirectly acquire shares or interest in another electric power undertaking within the Republic of Kenya without the prior written consent of the Authority, which consent shall not be unreasonably withheld.

    Grid code 1

    (1) In planning, operating and maintaining the undertaking, the Licensee shall fully comply with the Grid Code.

    Grid code 2

    (2) In case the Licensee finds that it is, or will be, unable to comply with any provision of the Grid Code at any time, then it shall make such reasonable efforts as are required to remedy such non-compliance as soon as reasonably practicable and immediately notify the Authority.

    Grid code 3

    (3) The Authority may, following consultation with the Licensee and other licensees or users that may be affected, and for good cause shown, issue directives relieving the Licensee of its obligations to comply with specific provisions of the Grid Code in respect of such parts of the Licensee's undertaking and/or to such extent or duration as may be established in such directives.

    Performance standards 1

    (1) The Licensee shall conduct its undertaking in the manner which achieves Performance Standards and quality of supply and service levels to which he is subject, as may be established or approved by the Authority, or any other applicable standard established in Codes or Regulations issued under the Act.

    Performance standards 2

    (2) The Licensee shall prepare a report, within ninety (90) days after this Licence becomes effective, indicating the minimum Performance Standards and quality of supply and service levels as well as its plans to meet them as stipulated in sub-condition (1) hereof.

    Performance standards 3

    (3) The Licensee shall submit from time to time, as provided for in the Performance Standards or in Authority monitoring procedures, the information required to enable the Authority monitor its compliance with the Performance Standards and quality of supply and service levels.

    Performance standards 4

    (4) The Licensee shall not be in breach of its obligations under this Licence if he has failed to meet the Performance Standards or any other standard established in Codes directly due to Force Majeure, provided that the Licensee has used reasonable efforts, to the extent reasonably possible, to comply with the Performance Standards or any other applicable operating standard established in Regulations and Codes, as the case may be.

    Demand forecast 1

    (1) The Licensee shall submit to the Authority results of studies of demand forecasts for his area of supply in the prescribed format.

    Demand forecast 2

    (2) The Licensee shall inform the Authority of any demand forecast submitted to the System Operator or other Licensee for the purposes of assisting the latter with their long term planning.

    Distribution system 1

    (1) The Licensee shall provide non-discriminatory open access to its distribution system for use by any licensee, retailer or eligible consumer as provided for in the Energy Act, 2019.

    Distribution system 2

    (2) The Licensee shall not unduly discriminate between consumers or undertakings of the same category in offering terms and conditions for connecting or upgrading connection to or use of the distribution system.

    Distribution system 3

    (3) Subject to other Conditions in this Licence, on the application of the owner or occupier of any premises within the Licensee’s area of supply or an undertaking desiring to connect or upgrade an existing connection to the distribution system of the Licensee, and who is not in arrears of any amount due to the Licensee in relation to Licensee’s distribution and supply business, the Licensee shall;

    Distribution system 3 a

    (a). offer to provide connection or to provide modifications to an existing connection of the premises or undertaking to his distribution system; and

13. Licence notice 13

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    Connection 3 b

    (b). where the terms offered by the Licensee are accepted by the applicant and on payment to the Licensee of the relevant Connection Charges and compliance with the requirements specified by the Licensee in that regard pursuant to the Grid Code, the Licensee shall provide the connection or the modification of the connection to the Licensee’s distribution system to those premises or undertaking, including the laying of any required distribution mains, in accordance with the terms offered

    Connection 4

    (4) The application form, terms and procedures shall be in accordance with the timeframes, connection conditions and procedures established in the Grid Code.

    Connection 5

    (5) The cost payable for a connection to the distribution system of the Licensee shall be determined in accordance with the applicable Connection Charges.

    Connection 6

    (6) The agreement to connect an undertaking shall also include, when applicable, conditions for the use of the distribution system of the Licensee.

    Connection 7

    (7) The Licensee shall not be obliged to provide a connection in circumstances where:

    Connection 7 a

    (a). to do so would involve a breach of a technical, reliability or safety standard issued by the Authority, the Grid Code or the Distribution Code or the Act or this Licence; or

    Connection 7 b

    (b). connecting the undertaking or consumer who has made the application endangers the security and reliability of the distribution service.

    Connection 8

    (8) Where the Licensee refuses to connect an applicant, the Licensee shall inform without delay the applicant and the Authority providing the reasons for such refusal.

    System operation 1

    (1) The Licensee shall plan, expand or upgrade, maintain and operate the Licensee’s distribution system so as to ensure that, subject to the availability of adequate generating and transmission capacity, the distribution system is capable of providing consumers with a safe, reliable and efficient supply of electrical energy. In particular, the Licensee shall plan, develop and operate the Licensee’s distribution system in accordance with the standards established in the Grid Code and the Distribution Code, and the Performance Standards established from time to time by Authority.

    System operation 2

    (2) The Licensee shall keep a register of assets that constitute his distribution system, which must include the physical description of the distribution system and the location of equipment.

    System losses

    The Licensee shall achieve an efficient level of system losses (due to technical or any other reason) on his own system. In complying with this Condition, the Licensee may have standard levels of system losses established by the Authority as one aspect of the minimum Performance Standards.

    Supply interruption 1

    (1) In case the Licensee is undertaking any operation, maintenance, replacement, restoration or any other activity that may lead to interruption of supply to a specific area or areas, he shall, no later than two days prior to the date of the interruption of supply, advise through appropriate means, all consumers of the areas to be affected, the date and time when the supply is planned to be interrupted and the period within which it will be restored.

    Supply interruption 2

    (2) The Licensee shall not unduly discriminate against or unduly prefer any one individual or any category of consumers in favour of or as against any other individual or any other category of consumers in preparing and implementing curtailment and restoration plans when scheduling maintenance or other Demand Control measures, and shall endeavour that, as far as practicable and reasonable, the consumers are treated equitably in such Demand Control measures and plans, provided that exemptions may apply to vital and priority consumers.

    Supply interruption 3

    (3) Where applicable, the Licensee shall inform and send to the Authority copies of any Demand Control guiding principle, demand reduction plan or demand restoration plan to be agreed by the Licensee with the System Operator , in accordance to the Grid Code.

    Regulatory compliance 1

    (1) The Licensee shall fully comply with the regulations, rules, codes, standards, guidelines, directions, decisions or orders issued by the Authority in the discharge of its functions under the Act.

    Regulatory compliance 2

    (2) At the written request of the Authority, the Licensee shall participate to the extent specified by the Authority in the development and/or review of any regulations, rules, codes, standards and guidelines to be prescribed or prescribed by the Authority under the Act.

    Decision review 1

    (1) The Licensee shall have the right to apply to the Authority for review of its decisions in relation to revocation or amendment of this Licence or any other decision that affects the Licensee’s undertaking or its rights under this Licence.

    Decision review 2

    (2) If requested by the Licensee in the prescribed manner, the Authority may review its decisions that affect the Licensee’s undertaking or its rights under this Licence, including its decision in relation to revocation or amendment of this Licence.

    Adherence penalties 1

    (1) Where the Authority is satisfied that the Licensee has contravened any of the conditions of this Licence, the Authority may issue an order requiring the Licensee to take specific actions or to refrain from taking specific actions in order to rectify the contravention.

    Adherence penalties 2

    (2) Prior to issuing such order, the Authority shall inform the Licensee of its intention to issue the order and the grounds upon which the order will be issued and provide the Licensee an opportunity to make a representation in accordance with the procedure, including time period, specified by the Authority in a directive.

    Adherence penalties 3

    (3) Without limiting any other right or remedy available to the Authority under the Act, the Authority may specify in the order a penalty for each day the Licensee is in default of compliance. The penalty specified by the Authority shall not exceed the limits (if any) for such penalties set by the Act or other applicable legislation. If the Licensee fails to make payment on any amount of penalty to the Authority, interest shall accrue at the rate established by the Laws of Kenya.

    Revocation 1

    (1) Subject to Section 126 of the Act, the Authority may at any time revoke this Licence if:

14. Licence notice 14

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    Licensing authority

    Energy and Petroleum Regulatory Authority

    Revocation condition a

    The undertaking or the execution of the works related thereto has not commenced at the expiry of twenty four months from the date on which this Licence was granted, except where the Authority is satisfied that this occurred as a result of events beyond the reasonable control of the Licensee in which case the Authority shall substitute such period as it in its sole discretion considers reasonable in all the circumstances) or at the expiry of any extended period which the Authority may allow;

    Revocation condition b

    The Authority is satisfied that the Licensee is either willfully or negligently not operating in accordance with the terms and conditions of this Licence or the provisions of the Act or any regulations thereunder;

    Revocation condition c

    The Licensee at any time after the commencement of this Licence makes representation to the Authority that the undertaking cannot be carried on with profit, and ought to be abandoned, and, upon inquiry the Authority is satisfied that the representation is true;

    Revocation condition d

    The Licensee agrees in writing with the Authority that this Licence should be revoked;

    Revocation condition e

    Any amount (unless this is being contested in good faith by the Licensee with recourse to the appropriate administrative and judicial procedures) payable by the Licensee under any of the conditions of this Licence or Regulations prescribed under the Act is unpaid for thirty (30) days after it has become due and remains unpaid for a period of thirty (30) days after the Authority has given the Licensee notice that the payment is overdue;

    Revocation condition f

    The Licensee is unable to pay its debts (unless this is being contested in good faith by the Licensee with recourse to all appropriate judicial procedures and measures) or has any voluntary arrangement proposed in relation to it or enters into any scheme of arrangement (other than for the purpose of reconstruction or amalgamation upon terms and within such period as may previously have been approved in writing by the Authority);

    Revocation condition g

    The Licensee fails to comply with a final order of the Authority issued under the Act and such failure is not rectified to the satisfaction of the Authority within sixty (60) days after the Authority has given notice of such failure to the Licensee,

    Revocation proviso

    Provided that no such notice shall be given by the Authority before the expiration of the period within which an appeal under Section 24(1) of the Act may be made to the Tribunal;

    Revocation condition h

    The Licensee ceases to carry on the undertaking authorized by this Licence;

    Revocation condition i

    The Licensee goes into liquidation or makes arrangement with its creditors’ or an administrator or a receiver/manager is appointed over the whole or any material part of the Licensee’s assets or undertaking (other than by the Lenders);

    Revocation condition j

    The Licensee passes any resolution for winding up other than a resolution previously approved in writing by the Authority;

    Revocation condition k

    The Licensee becomes subject to an order for winding up by a court of competent jurisdiction;

    Revocation condition l

    It is established that the Licensee submitted information the Licensee knew or had reason to know to be false when making its application for this Licence, and

    Revocation condition m

    The Licensee purchases or acquires the undertaking of, or associates itself with, any public or local authority, company, person or body of persons generating or transmitting or distributing electrical energy under any Licence without the authorization of the Authority.

    Licence replacement

    This Licence may be replaced in accordance with Section 127 of the Act.

    Complaints condition 1

    The Licensee shall comply with applicable provisions of the Energy (Complaints and Disputes Resolution) Regulations, 2010, and in particular: -

    Complaints condition 1 a

    implement procedures, approved by the Authority, to receive, process and respond to complaints relating to the quality of supply and service;

    Complaints condition 1 b

    maintain a record of information about the identity of the complaint, type of malfunction or complaint, in case of interruptions the outage time and the time taken to connect or reconnect the complainant, and all such matters established in the Grid Code or in the Performance Standards; and

    Complaints condition 1 c

    submit to the Authority reports about malfunctions, interruptions, problems in the quality of supply and service and consumers’ complaints in the form and manner approved by the Authority.

    Complaints condition 2

    The Licensee shall, whenever requested to do so by the Authority, review the complaint resolution procedures, with a view to effect improvements.

    Complaints condition 3

    The Licensee shall make available free to his consumers a current copy of the applicable complaints resolution procedures, as from time to time revised, at all his office premises during normal working hours

    Grant clause

    This Licence was granted at Nairobi on «Date_Granted»«Date_Granted».

    Seal clause

    IN WITNESS WHEREOF the Common Seal of the Energy and Petroleum Regulatory Authority was hereto affixed pursuant to the powers of the Authority given on «Date_Granted»«Date_Granted».

    Witness block

    In the presence of xxxxxxx Director General and

15. Legislation notice 15

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    Application recipient

    The Director General

    Licensing authority

    Energy and Petroleum Regulatory Authority

    Schedule

    SIXTH SCHEDULE (r. 13 (1))

    Application form

    ELECTRIC POWER LICENCE TRANSFER/ CHANGE OF CONTROL APPLICATION FORM

    Application text

    I/We ………………………………………………………………………...................................hereby apply for (transfer of licence/change of control in our power undertaking) in accordance with the Energy (Electric Power undertaking Licensing) Regulations, 2022

    Form instruction

    (Underline as appropriate)

    Signature placeholder

    xxxxxx — Corporation Secretary

16. Legislation notice 16

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    Document issuer

    registrar of companies (Certified Form CR12), Kenya Revenue Authority (Valid tax compliance certificate)

    Registration instruction

    (Tick as appropriate)

    Ownership details instruction

    (Give full details of proprietors or partners owning business or directors/shareholders of the company, as applicable)

    Additional lines instruction

    (Insert additional lines as appropriate)

    Bankruptcy disclosure

    State if you are or any of your partners/directors is an un-discharged bankrupt. (If so, indicate the names)

    Supporting documents submission

    The application for transfer of electric power licence shall be accompanied by the following supporting documents. The documents shall be submitted online with two (2) paper/hard copies.

    Documents validity

    (The documents above shall be valid during the application).

17. Legislation notice 17

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    Court

    High Court of Kenya (An advocate of this court or a notary public is to certify the specified certificates of incorporation.)

    Body

    Competition Authority of Kenya (Its approval is listed among the supporting documents for change of control.)

    Shareholding details

    Give full details of proprietors or partners owning business or directors/shareholders of the company, as applicable

    Bankruptcy disclosure

    State if you are or any of your partners/directors is an un-discharged bankrupt. (If so, indicate the names)

    Additional lines

    Insert additional lines as appropriate

    Submission requirements

    The application for change of control of power undertaking shall be accompanied by the following supporting documents. The documents shall be submitted online with two (2) paper/hard copies.

    Applicant declaration

    I/we hereby declare that the information provided in this application is true to the best of my/our knowledge.

    Declaration fields

    Dated this ………………………day of ………………….20…………………………….. Name ……………………………………………………………………………………… Title………………………………………………………………………………………… Signature……………………………………………………………………………………….

    Offences and penalties

    1) A person found to be guilty of any of the offences listed in these regulations shall be liable to the fine or penalty indicated below:

18. Legislation notice 18

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    Order number template

    Order No.: [Order Number]

    Date template

    Date: [Date]

    Recipient template

    To: [Name of Licensee] [Address of Licensee] [License Number]

    Subject template

    Subject: Compliance Order for Violation of [Specify Regulation/License Condition/Act]

    Compliance order template

    Pursuant to the powers conferred upon the Authority under the [Section of the Act and/or Regulations], this Compliance Order is issued to you based on the findings of [an audit/inspection/enforcement action] conducted on [Date of Audit/Inspection]. The findings indicate that your power undertaking is in violation of the following regulation(s)/license condition(s)/Act:

    Violations identified template

    Violation(s) Identified: 1. [Detail of Violation 1] 2. [Detail of Violation 2] 3. [Detail of Violation 3]

    Required actions template

    Required Actions: You are hereby directed to undertake the following corrective actions to rectify the identified violations: 1. **[Action 1]**: **Deadline**: [Specific Date] 2. **[Action 2]**:- **Deadline**: [Specific Date] 3. **[Action 3]**: - **Deadline**: [Specific Date]

19. Legislation notice 19

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    Immediate measures

    You are required to immediately cease [specific activities/operations]. This cessation will remain in effect until full compliance with the above actions is achieved and verified by the Authority.

    Right to appeal

    You have the right to appeal this Compliance Order within [Specify Number of Days, e.g., 30 days] from the date of this order. Appeals must be submitted in writing to the Authority at the following address: [Authority's Address]

    Contact information

    For further information or clarification, please contact: [Name of Contact Person] [Title] [Phone Number] [Email Address]

    Template signature

    Yours sincerely, [Name of Authorizing Officer] [Title] [Authority's Name]

Schedule 291 rows

Rows 1 to 200 of 291.

Everyone named

Pages for private people, including the deceased and petitioners, are public, but we ask search engines not to list them.

Corrections 0

Corrected by

No corrigendum in the issues we hold.

Cites

Energy Act, Engineers Act, Kenya National Transmission and Distribution Code, Energy Act, Energy (Electric Power Undertaking Licensing) Regulations, 2022, FOURTH SCHEDULE, Interpretation and General Provisions Act, Kenya National Transmission Code, Kenya National Distribution Code, Constitution of Kenya, Grid Code, Power Purchase Agreement, Electric Power (Electrical Installation Works) Rules, 2006

Revokes

The Energy (Electricity Licensing) Regulations 2012

Cite

Permalink funua.com/notices/2025/2089/.

About this data

Source

Official PDF of Vol. CXXVII No. 36, from Kenya Law

Extracted by

AI models

Model audit

An independent model agreed with 98 to 99% of compared values for land and succession notices, 97% overall. Agreement between models, not verified accuracy.

Review flag

None on this notice