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The Kenyan power sector is primarily regulated through the Energy Act, No. 12 of 2006 (the “Energy Act”), which gave effect to the Energy Policy as outlined in Sessional Paper 4 of 2004 (the “Energy Policy”). The Energy Policy covers the electricity, petroleum and renewable energy sub-sectors and is expected to be replaced by the draft National Energy and Petroleum Policy 2015.

The Energy Bill. No. 50 of 2017, published in December 2017 was recently passed by the National Assembly and is pending approval by the Senate and presidential assent (the “Energy Bill”). The new legislation seeks to repeal the current Energy Act and the Geothermal Resources Act, 1982, and to consolidate the regulation of energy under a single framework and a framework for national and county functions as they relate to the energy sector.