LAWS OF KENYA
ENERGY ACT
THE ENERGY (SOLAR WATER HEATING) REGULATIONS, 2025
LEGAL NOTICE 115 OF 2025
- Published in Kenya Gazette on 9 July 2025
- Commenced on 9 July 2025
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Energy (Solar Water Heating) Regulations, 2025.2. Interpretation
In these Regulations, unless the context otherwise requires—"Act" means the Energy Act (Cap. 314);"Authority" means the Energy and Petroleum Regulatory Authority established under section 9 of the Act;"engineer" means a person registered under the Engineers Act (Cap. 530) as a professional or consulting engineer and holds a valid licence;"Kenya Standard" means a specification or code of practice declared by the National Standards Council under section 9 of the Standards Act (Cap. 496);"licensee" means the holder of a valid licence issued under these Regulations;"person" means any natural or juridical person;"premises" means existing, new or alterations and extensions to existing residential or commercial buildings or structures, including—(a)small domestic houses as defined in the Building Code;(b)all domestic dwellings or residential houses;(c)commercial buildings including hotels, lodges, clubs, restaurants, cafeterias, laundries, eating places and similar premises;(d)health institutions including hospitals, health centres and clinics and similar medical facilities; and(e)educational institutions including universities, colleges, boarding schools and similar institutions;"solar water heating system" means a device or system that uses sunlight to heat water and comprises of solar collector, storage tank, control, installation hardware and fitting;"worker" means a person licensed under these Regulations to undertake solar water heating installation work;"contractor" means an entity licensed under these regulations to undertake solar water heating installation work;"Tribunal" means the Energy and Petroleum Tribunal established under section 25 of the Act; and"warranty", means an assurance or guarantee given to the purchaser by a manufacturer or his agent stating that a product will perform as stated, is reliable and free from known defects and that the manufacturer shall, without charge, repair or replace defective parts within a given time limit and under certain conditions.3. Purpose
The purpose of the Regulations is to promote the use of solar water heating systems by enforcing standard in the solar water heating value chain.4. Application
These Regulations shall apply to—Part II – LICENSING OF SOLAR WATER HEATING SYSTEM WORKERS
5. Licensing of solar water heating system workers
6. Classes of solar water heating system workers
The Authority may, on receipt of an application, grant the applicant one of the following classes of licences—7. Authority to examine applicants
The Authority shall examine an applicant who has applied for a licence under regulation 5 in such a manner as it may determine and upon any matter or thing in connection with the application for the purpose of ascertaining the applicant's qualification and suitability for grant of a particular class of licence.Part III – LICENSING OF MANUFACTURERS, IMPORTERS, VENDORS, AND CONTRACTORS
8. Requirement of licensing of manufacturers, importers, vendors and contractors
9. Classes of manufacturers, importers vendors and contractors' licences
10. Insurance cover
A licensee shall maintain an insurance cover for works to be undertaken pursuant to these Regulations.Part IV – GENERAL PROVISIONS REGARDING LICENCES
11. Application for licences
12. Validity of licence
A licence issued under these Regulations shall be valid for a maximum period of three years.13. Licence renewal
14. Upgrade of licences
15. Replacement of a licence
16. Suspension or revocation of a licence
Part V – DESIGN, INSTALLATION, TESTING, COMMISSIONING, REPAIR AND MAINTENANCE OF SOLAR WATER HEATING SYSTEMS
17. Provision for solar water heating systems
18. Demand calculation and minimum for water demand
19. Responsibility for compliance
20. Compliance with standards, technical, legal and regulatory requirements
21. System Design Declaration
22. Warranty, Certificates and Documentation
Part VI – REGISTER OF LICENSEES AND PROVISION OF DATA
23. Authority to Maintain Register of Licenses
The Authority shall maintain and publish on its website a register of all licensees under these Regulations.24. Provision of data
Part VII – POWERS OF INSPECTION AND PENALTIES
25. Powers of inspection
The Authority or its agent may carry out inspections, in relation to compliance with these Regulations.26. Compliance orders
Part VIII – LOCAL CONTENT REQUIREMENTS
27. Local content requirements
A licensee under these Regulations shall comply with the local content requirements in accordance with the provisions of section 206 - of the ActPart IX – OFFENCES, FINES AND PENALTIES
28. Practising without a licence
A person who, without a licence issued by the Authority undertakes the importation, manufacture, sale, testing, installation, commissioning, maintenance or repair of a solar water heating system; commits an offence and shall, upon conviction be liable to a fine not exceeding one hundred thousand shillings or to term of imprisonment not exceeding six months or both.29. Other Offenses and Fines
| First Column | Second Column | |
| Offence | Penalty | |
| (a) Practicing without a license | KSh. 1,000 for every day the violation occurs. | |
| (b) Providing false data to the Authority | Penalty provided in section 210 of the Act | |
| (c) Providing inaccurate or incomplete data to the Authority | KSh. 5,000.00 per incident | |
| (d) Failing to submit data to the Authority in the manner required | KSh. 5,000.00 | |
| (e) Failing to provide the system owner with warranty | 10% of the value of the solar water heating system or component. | |
| (f) Offering for sale solar water heating components that do not meet the relevant Kenya Standard | 50% of the value of every component that does not meet the Kenya Standard. | |
| (g) Failing to provide a system owner with a system design declaration prior to commencing installation works. | KSh. 20,000 per incident. | |
| (h) Failure to include provisions for solar water heating system | KSh. 20,000 per incident. | |
| (i) Failure to comply with Compliance Notices issued by the Authority | KSh. 20,000 per incident. | |
| (j) Preventing an officer or duly notified agent of the Authority during working hours, from entering into and inspecting any premises where a licensed activity taking place or suspected to be taking place. | KSh. 50,000 for every day that the incident persists. | |
Part X – COMPLAINTS, DISPUTES AND APPEALS
30. Complaints and Disputes to be Referred to the Authority
Any complaints or disputes between a system owner and a licensee or between two or more licensees shall be referred to the Authority for resolution in accordance with the Energy (Complaints and Disputes Resolution) Regulations (L.N. 42 of 2012).31. Appeals
Any person aggrieved by a decision or order of the Authority may appeal to the Tribunal in accordance with section 24 of the Act.History of this document
09 July 2025 this version
Commenced