The Energy (Integrated National Energy Plan) Regulations, 2025

Legal Notice 83 of 2025

The Energy (Integrated National Energy Plan) Regulations, 2025

Citation: Legal Notice 83 of 2025
Primary work: Energy Act
Date: 7 May 2025
Language: English
Type: Legal Notice
Original enactment: Download original enactment (PDF) (399.2 KB)

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LAWS OF KENYA

ENERGY ACT

THE ENERGY (INTEGRATED NATIONAL ENERGY PLAN) REGULATIONS, 2025

LEGAL NOTICE 83 OF 2025

Published in Kenya Gazette on 7 May 2025
Commenced on 7 May 2025

Part I – PRELIMINARY

1. Citation.

These Regulations may be cited as the Energy (Integrated National Energy Plan) Regulations, 2025.

2. Interpretation.

In these Regulations, unless the context otherwise requires—“Act” means the Energy Act (Cap. 314);“Cabinet Secretary” has the meaning assigned to it in the Act;“coal” has the meaning assigned to it in the Act;“Committee” means the Integrated National Energy Planning Committee established under regulation 5;“conservation” has the meaning assigned to it in the Act;"distribution" has the meaning assigned to it in the Act;“distributed generation” has the meaning assigned to it in the Act;“energy” has the meaning assigned to it in the Act;“energy access” means households, communities, industries, enterprises and institutions having reliable and affordable access to energy services, which is enough to supply a basic bundle of energy services initially, and then an increasing level over time to reach the regional average;“energy plans” means national energy service providers’ energy plans and county governments’ energy plans;“energy resources” means the estimated maximum capacity for energy production from all available resources which can be categorized as fossil fuel, nuclear fuel and renewable resources;“energy requirements” means the needs of a county government to facilitate realization of economic, social and political development objectives and goals;“household” means a person or group of persons who reside in the same homestead or compound but not necessarily in the same dwelling unit, have same cooking arrangements and are answerable to the same household head;“integrated national energy plan” means the energy plans consolidated and published by the Cabinet Secretary as the national energy plan in respect of coal, renewable energy and electricity pursuant to section 5 of the Act;“national energy service providers” means persons engaged in—(a)the provision of energy services including importation, exportation, generation, transmission, distribution and supply of energy;(b)the development of energy resources;(c)energy efficiency and conservation activitiesin more than one county and for the purpose of planning shall include persons engaged in policy making, licensing and regulation of energy services but shall exclude county governments;“national planning” means sectoral and multi-sectoral planning relating to the whole country;“outcomes” means expected changes, effects or benefits to the intended beneficiaries occurring as a result of the implementation of projects or programmes;“outputs” means direct products, services or results stemming from the implementation of projects or programmes;“person” means any natural or juridical person;"power" has the meaning assigned to it in the Act;“project” means a set of tasks or activities undertaken for the purpose of delivering specific products, services or results within a given budget, timeline and to a certain specified quality;“programme” means a set of policies, projects and other interventions within a certain sector that taken as a whole contribute together towards the achievement of an overall outcome or objective in the sector, national and county development plans;"public" has the meaning assigned to it in the Act;"renewable energy" has the meaning assigned to it in the Act;"supply" has the meaning assigned to it in the Act; and“transmission” has the meaning assigned to it in the Act.

3. Application of the Regulations.

These Regulations shall apply to the National Government and its entities; county governments and their entities, development partners, private-sector entities, public benefit organizations and any other relevant stakeholder that is involved in the identification, planning, implementation and financing of energy projects including the provision of energy services.

4. Object and purpose of the Regulations.

(1)The object of these Regulations is to provide guidelines on the preparation, content, timelines, publication and monitoring of energy plans and the integrated national energy plan.

(2)Without prejudice to the generality of the foregoing, these Regulations shall—

(a)provide clarity for a coordinated approach in energy planning within the country;

(b)guide in the identification of energy objectives, visions, and deliverables, and the reporting framework;

(c)set out the guidelines and timelines for the preparation and implementation of energy plans and integrated national energy plan;

(d)set out the guidelines to regulate the content of the energy plans and integrated national energy plan;

(e)provide guidelines for stakeholder consultations in the development, publication and review of energy plans and the integrated national energy plan;

(f)provide a framework for the consolidation of energy plans into the integrated national energy plan;

(g)provide guidelines for monitoring, evaluation and reporting on the implementation of energy plans and the integrated national energy plan;

(h)provide a mechanism for ensuring that energy planning is aligned with national planning; and

(i)define the roles and responsibilities of various stakeholders in the energy planning process and implementation of the energy plans and integrated national energy plan.

Part II – ESTABLISHMENT OF PLANNING COMMITTEES

5. Integrated National Energy Planning Committee.

(1)There is established the Integrated National Energy Planning Committee hereinafter referred to as the Committee which shall consist of the following members—

(a)Cabinet Secretary for the time being responsible for energy who shall be the Chairperson of the Committee;

(b)Principal Secretary for the State Department for Energy;

(c)Principal Secretary for the State Department for Petroleum;

(d)Chairperson of the Council of Governors;

(e)Chairperson of the Energy Committee in Council of Governors;

(f)Director General of the Energy and Petroleum Regulatory Authority;

(g)Managing Director and Chief Executive Officer of the Kenya Electricity Generating Company Public Limited Company;

(h)Chief Executive Officer of the Rural Electrification and Renewable Energy Corporation;

(i)Managing Director and Chief Executive Officer of the Kenya Power and Lighting Company Public Limited Company;

(j)Managing Director and Chief Executive Officer of the Kenya Electricity Transmission Company;

(k)Chief Executive Officer of the Geothermal Development Company; and

(l)Chief Executive Officer of the Nuclear Energy Power Agency.

(2)The Committee shall—

(a)develop a framework to guide the preparation of national energy service providers’ energy plans and county energy plans;

(b)consolidate the energy plans into an integrated national energy plan;

(c)prepare an annual report on the implementation of the integrated national energy plan;

(d)oversee the review of the integrated national energy plan after every three years;

(e)facilitate the development of a framework for the provision of data and information for energy planning;

(f)identify, propose and facilitate capacity building relevant to energy planning at national and county levels;

(g)mobilize resources to undertake energy planning; and

(h)undertake any other tasks that relate to energy planning as may be assigned by the Cabinet Secretary.

(3)The Committee may co-opt, not more than five members from state and non-state actors by virtue of their experience in the energy sector.

(4)The co-opted members of the Committee under sub regulation (3) shall be appointed by the Cabinet Secretary in consultation with the interest groups they represent, and shall have the following qualifications —

(a)possess a minimum qualification of a bachelor’s degree from a recognized university; and

(b)have at least three years experience in the energy sector; and

(c)satisfy the requirements of Chapter 6 of the Constitution.

(5)The Committee shall establish the following sub-committees to address specific areas in the integrated national energy plan—

(a)Electricity Sub-committee;

(b)Energy Access Sub-committee;

(c)Bio-energy Sub-committee;

(d)Energy Efficiency and Conservation Sub-committee; and

(e)Energy Resource and Development Sub-committee

6. County Energy Planning Committees.

(1)Each Governor shall establish a standing committee known as the County Energy Planning Committee.

(2)The County Energy Planning Committee shall—

(a)prepare and submit the county energy plan to the Governor;

(b)undertake monitoring, evaluation and reporting of county energy plans;

(c)prepare and submit an annual report on the status of implementation of the county energy plan;

(d)undertake a review of the county energy plan after every three years;

(e)identify, propose and facilitate capacity building areas relevant to energy planning at county level; and

(f)identify potential financing and funding sources for the preparation, oversight, monitoring and evaluation of the county plan.

(3)The County Energy Planning Committee shall consist of the following members—

(a)the County Executive Committee Member responsible for energy who shall be the Chairperson of the Committee;

(b)the County Chief Officer responsible for energy who shall be the alternate Chairperson of the Committee;

(c)the Director in the county responsible for energy who shall be the Secretary;

(d)the Director responsible for economic planning;

(e)the Director responsible for finance;

(f)directors responsible for agriculture, water, health, industrialization or education provided that a respective county may include a director based on their County Integrated Development Plan priorities; and

(g)a manager to represent the national energy service provider predominant in a county.

(4)The County Energy Planning Committee may co-opt, not more than four members from state and non-state actors by virtue of their experience in the energy sector.

(5)The co-opted members of the County Energy Planning Committee under sub regulation (4) shall be appointed by the Governor in consultation with the interest groups they represent, and shall have the following qualifications—

(a)possess a minimum qualification of a bachelor’s degree from a recognized university;

(b)have at least three years experience in the energy sector; and

(c)satisfy the requirements of Chapter 6 of the Constitution.

(6)The County Energy Planning Committee may establish a sub-committee to facilitate the development of the county energy plan.

(7)The sub-committee referred to in sub regulation (6) shall be chaired by the director responsible for energy in the county.

(8)The County Executive Committee Member responsible for energy shall submit the county energy plan for approval by the County Executive Committee and the County Assembly in accordance with the County Governments Act (Cap. 265).

Part III – ROLES AND RESPONSIBILITIES OF PERSONS INVOLVED IN INTEGRATED NATIONAL ENERGY PLAN PROCESS AND IMPLEMENTATION

7. Powers and functions of the national and county governments.

The powers and functions of the National and county governments are as set out in the Fourth Schedule of the Constitution and the Fifth Schedule of the Act.

8. Roles and responsibilities of the Cabinet Secretary

The Cabinet Secretary shall—

(a)provide policy priority areas for energy planning;

(b)provide leadership in the preparation, implementation and review of the integrated national energy plan;

(c)in collaboration with the national energy service providers and county governments, develop capacity for the preparation of energy plans and integrated national energy plan;

(d)mobilize resources for the preparation and implementation of the integrated national energy plan;

(e)provide leadership and guidance in energy data access and governance;

(f)publish the integrated national energy plan; and

(g)monitor, evaluate and report on the progress of the implementation of the integrated national energy plan.

9. Roles and responsibilities of the national energy service providers.

The national energy service providers shall—

(a)prepare and submit to the Cabinet Secretary their respective energy plans;

(b)undertake a review of their energy plans after every three years;

(c)prepare and submit an annual report on the implementation of their energy plan to the Cabinet Secretary within one month after the end of each financial year;

(d)consult with the Cabinet Secretary, the Council of Governors, other national energy service providers and other relevant stakeholders in the preparation of their energy plans;

(e)identify, propose and build capacities relevant to energy planning;

(f)mobilize resources for the implementation of their energy plans and the integrated national energy plan;

(g)provide data and information for the development of the national and county energy plans; and

(h)publish their energy plans on their websites; and

(i)implement, monitor and report on the progress of the implementation of their energy plans.

10. Roles and responsibilities of the county governments

The county governments shall—

(a)prepare and submit county energy plans to the Cabinet Secretary;

(b)undertake a review of the county energy plans after every five years;

(c)prepare and submit an annual report on the implementation of the county energy plan to the Cabinet Secretary within one month after the end of each financial year;

(d)consult with other county governments, national energy service providers and other relevant stakeholders in the preparation of the county energy plans;

(e)identify, propose and build capacities relevant to energy planning;

(f)provide data and information to inform the energy planning process;

(g)mobilize resources for the preparation and implementation of the county energy plan and integrated national energy plan;

(h)harmonize the county energy plan with the county integrated development plans;

(i)publish the county energy plans on their websites; and

(j)implement, monitor and report on the progress of the implementation of the county energy plans.

11. Roles and responsibilities of other national government ministries, departments and agencies.

Other national government ministries, departments and agencies shall—

(a)propose interventions in the energy plans and integrated national energy plan;

(b)provide resources for the implementation and interventions of integrated national energy plan that are relevant to their mandate;

(c)provide data and information to inform the energy planning process; and

(d)monitor and report on the progress of the implementation of integrated national energy plan relevant to their mandate.

Part IV – PLANNING PROCESS

12. Integrated national energy planning process.

(1)The integrated national energy planning planning process shall be in accordance with Part A of the First Schedule.

(2)The Cabinet Secretary shall in writing inform the national energy service providers and county governments of the commencement of the integrated national energy planning process.

(3)The communication by the Cabinet Secretary under subregulation (2) shall be in the form set out in the Second Schedule.

(4)The communication shall set out the following—

(a)timelines for submitting of energy plans;

(b)key policy issues to be addressed;

(c)roles and responsibilities of various stakeholders;

(d)timelines for key activities in the energy planning process;

(e)requirements for key activities in the energy planning process;

(f)format and content of the energy plans;

(g)energy planning data governance and access;

(h)identified cross-cutting issues;

(i)reporting period of past performance;

(j)public participation and stakeholder involvement;

(k)transition framework for existing energy plans; and

(l)preparation, submission and approval of energy plans.

(5)The national energy service providers and county governments shall develop and submit, to the Cabinet Secretary, their energy plans within the timelines specified in the communication by the Cabinet Secretary under sub-regulation (2).

(6)The energy planning process for national service providers and county governments shall be as set out in Part B and Part C of the First Schedule respectively.

(7)The Cabinet Secretary shall acknowledge receipt in writing of the energy plans submitted under regulation (5) within seven days of receipt.

(8)The Integrated National Energy Planning Committee shall, within ninety days, consolidate the energy plans submitted by the national energy service providers and county governments into a draft integrated national energy plan.

(9)The Cabinet Secretary shall, within fourteen days, publish and subject the draft integrated national energy plan to public participation for a period of twenty-one days.

(10)The Cabinet Secretary shall, within thirty days, consider and incorporate comments received during the public participation and publish the final Integrated National Energy Plan.

(11)Prior to a review as provided under section 5(4) of the Act, the Cabinet Secretary shall three months before the commencement of the financial year preceding the year of the review, inform in writing, the national energy service providers and county governments of a review.

(12)All energy programmes and projects shall be guided by the integrated national energy plan.

Part V – CONTENT OF THE ENERGY PLANS AND INTEGRATED NATIONAL ENERGY PLAN

13. Contents of the energy plans.

(1)The communication issued by the Cabinet Secretary under regulation 12(2) shall contain information on the contents of the plans for the national energy service providers and the county energy plans.

(2)The contents of the plans for the national energy service providers and the county government energy plans shall be as set out in the Third Schedule and the Fourth Schedule respectively.

(3)Public benefit organizations and private-sector entities shall prepare and submit their energy programmes or projects to the counties where they are domiciled or to the Cabinet Secretary if operations are national, for incorporation in the county energy plans and integrated national energy plan respectively.

(4)The contents of the energy programs or projects referred to in subregulation (2) shall be as set out in the Fifth Schedule.

(5)The outline and contents of the integrated national energy plan shall be as set out in the Sixth Schedule.

Part VI – GENERAL PRINCIPLES OF THE INTEGRATED NATIONAL ENERGY PLAN

14. Monitoring and evaluation of national energy service providers and county governments energy plans

(1)The national energy service providers and county governments shall have a monitoring and evaluation framework for tracking and reporting progress on the implementation and the impacts of the energy plans.

(2)The monitoring and evaluation framework shall be linked to the national and county monitoring and evaluation systems.

(3)The annual report on the implementation of the energy plans shall be prepared by the national energy service providers and county governments and submitted to the Cabinet Secretary within one month after the end of each financial year.

15. Mainstreaming of cross-cutting issues.

The national energy service providers and county governments shall during the preparation, implementation, monitoring, evaluation and reporting of their energy plans, take into consideration cross-cutting issues as shall be identified from time to time and advised in the written communication referred to under regulation 12.

Part VII – MISCELLANEOUS PROVISIONS

16. Public participation

The integrated national planning process shall comply with the Constitutional requirements of public participation.

17. Period

(1)The energy plans for the national service providers and the integrated national energy plan shall be valid for a period of twenty years and shall pursuant to section 5(4) of the Act be reviewed every three years.

(2)The county energy plans shall be for a period of ten years and shall be reviewed every five years.

18. Provision of information.

(1)The national energy service providers and county governments shall submit to the Integrated National Energy Planning Committee at such times and in such form and manner, such information as the Integrated National Energy Planning Committee may, in writing, require.

(2)Any information obtained under sub-regulation (1) shall be dealt with in accordance with section 211 of the Act, Access to Information Act (Cap 7M) and the Data Protection Act (Cap 411C).

(3)The energy plans, county energy plans and integrated national energy plan shall be posted on the websites of the ministry responsible for energy, national energy service providers and county governments.

19. Offences and penalties

(1)A person who is found to be guilty of any of the offences set out in the Seventh Schedule shall be liable to the penalty prescribed in that Schedule.

(2)Where any default or contravention of any of the provisions of these Regulations is made for which no penalty is expressly stated, the person so defaulting or contravening shall, on conviction, be liable to the penalty set out in section 221 of the Act.

20. Disputes and appeals.

(1)A complaints or disputes under these Regulations shall be referred to the Authority for resolution in accordance with the Energy (Complaints and Disputes Resolution) Regulations, 2012 (LN 42/2012).

(2)Any person aggrieved by a decision or Order of the Authority may appeal to the Tribunal in accordance with the provisions of section 24 of the Act.

21. Transition.

(1)The Cabinet Secretary shall, in issuing the written communication to county governments as outlined in the Second Schedule, provide a transition and alignment mechanism with the existing county energy plans.

(2)The Cabinet Secretary shall within one year of coming into effect of these Regulations, integrate all the existing energy plans for the national energy service providers and county governments into the Integrated National Energy Plan.

FIRST SCHEDULE (r. 12(1), (6))

A: INTEGRATED NATIONAL ENERGY PLANNING PROCESSThe integrated national energy planning process shall comprise the following sequential stages—Stage 1: PreliminariesStage 2: Constitute the Integrated National Energy Planning CommitteeStage 3: Identify and engage stakeholdersStage 4: Formulate a vision and re-assess objectivesStage 5: Conduct situational analysis of the energy sectorStage 6: Develop energy goals and strategiesStage 7: Identify and prioritize actionsStage 8: Develop funding and financing strategyStage 9: Develop a blueprint for the implementation of the integrated national energy planStage 10: Develop a monitoring and evaluation planStage 11: Refine, adopt and publicize the integrated national energy planB: COUNTY ENERGY PLANNING PROCESSThe county energy planning process shall comprise the following sequential stages—Stage 1: PreliminariesStage 2: Establish the County Energy Planning Committee.Stage 3: Identify and engage stakeholdersStage 4: Formulate a vision and re-assess objectivesStage 5: Conduct situational analysis of the energy sectorStage 6: Develop energy goals and strategiesStage 7: Identify and prioritize actionsStage 8: Develop funding and financing strategyStage 9: Develop a blueprint for implementation of county energy planStage 10: Plan to monitor and evaluateStage 11: Refine, adopt and publicize the county energy plan.C: NATIONAL ENERGY SERVICE PROVIDERS PLANNING PROCESSThe planning process for national energy service providers shall comprise the following sequential stages—Stage 1: PreliminariesStage 2: Establish an Internal Energy Planning CommitteeStage 3: Identify and engage stakeholdersStage 4: Formulate a vision and re-assess objectivesStage 5: Conduct situational analysis of the energy sectorStage 6: Develop energy goals and strategiesStage 7: Identify and prioritize actionsStage 8: Develop funding and financing strategyStage 9: Develop a blueprint for implementation of Energy PlanStage 10: Plan to monitor and evaluateStage 11: Refine, adopt and publicize the Energy Plan.

SECOND SCHEDULE (r. 12(3), 21(1))

OUTLINE OF COMMUNICATION ON INTEGRATED NATIONAL ENERGY PLANNING

C/S COMMUNICATION NO. …………………….TO: ALL GOVERNORS, COUNTY GOVERNMENTSALL CEO’s NATIONAL ENERGY SERVICE PROVIDERSREF: GUIDELINES FOR THE PREPARATION OF THE ENERGY PLANS AND INTEGRATED NATIONAL ENERGY PLAN FOR THE PERIOD (insert period here)

1.INTRODUCTION

(a)Purpose of the Communication

(b)Background information about Energy Planning.

2.Policy and regulatory framework supporting Integrated National Energy Plan

3.Energy policy objectives guiding energy planning.

4.SPECIFIC GUIDELINESThe following will guide the preparation of the energy plans and integrated national energy plan—

(a)timelines and requirements for key activities in the energy planning process;

(b)roles and responsibilities of key players in energy planning process;

(c)advisory on undertaking energy programmes or projects;

(d)linkages of energy planning with other plans.

(e)energy planning process—

(i)county energy planning process;

(ii)national service providers planning process; and

(iii)integrated national energy planning process;

(f)form and content of energy plans and integrated national energy plan—

(i)form and content of national energy service providers plans (Annex 2)

(ii)form and content of county energy plans (Annex 3)

(iii)Form and content for private sector and public benefit organization programme or projects reporting matrix for inclusion in either County Energy Plans or Integrated National Energy Plan (Annex 5)

(iv)Form and content of Integrated National Energy Plan (Annex 4)

(g)mainstreaming of crosscutting issues; and

(h)public participation and stakeholder involvement.

5.Transition framework for existing energy plans.

6.Preparation and Submission of Energy Plans.

7.ConclusionSIGNED BY THE CABINET SECRETARY RESPONSIBLE FOR ENERGY COPY TO RELEVANT STAKEHOLDERS.ANNEXESAnnex 1: Integrated National Energy Planning CalendarAnnex 2: Outline for National Energy Service ProvidersAnnex 3: Outline for County Energy PlanAnnex 4: Outline for Integrated National Energy PlanAnnex 5: Outline for private sector and public benefit organization programme/projects reporting matrixAnnex 6: Guidelines for preparation of annual progress reports by the national Service providers and the County Governments for implementation of their respective plansAnnex 7: Monitoring and reporting template.