The Act consolidates laws relating to energy, provides for National and County Government functions in relation to energy, to provide for establishment, powers and functions of the regulator (EPRA).
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· The Act provides for the promotion of renewable energy; exploration, recovery and commercial utilization of geothermal energy; regulation of midstream and downstream petroleum and coal activities; regulation, production, supply and use of electricity and other energy forms.
· Section 188 provides that the Energy Petroleum Regulatory Authority (EPRA) shall designate factories and buildings and energy appliances by types, quantities of energy use, or methods of energy utilization for purposes of energy efficiency and conservation. The Authority can give instruction to the owner of such designated building to furnish information on energy utilization for purposes of inspection and to assure that energy conservation measures are in accordance with the standards, criteria and procedures laid down in regulations.
· There is currently in place the Kenya National Energy Efficiency and Conservation Strategy 2020 which provides an overarching policy framework for energy efficiency and conservation.
· Under section 189, there is an obligation on an owner of a designated factory or building to conserve energy, audit and analyze energy consumption in the building to ensure they comply with the set standards.
· It is the responsibility of the Cabinet Secretary responsible for Energy under section 190 of the Act, upon the recommendation of EPRA, to make regulations to specify the norms for processes and energy consumption standards for any equipment and appliances which consume, generate, transmit or supply energy. Currently, there are only two sets of regulations in force: the Energy (Energy Management) Regulations 2012 which provide for the regulation of energy efficiency in designated industrial, institutional and commercial facilities and the Energy (Appliances’ Energy Performance and Labeling) Regulations 2016 which call for testing and labelling of specified appliances for minimum energy performance standards.
· The Regulations envisaged under section 190 of the Act will effectively promote green buildings by ensuring energy conservation in buildings (houses). However, they are yet to be formulated or published.
· Under section 193 of the Act, county governments are given a role in ensuring efficient use of energy and its conservation. County governments may with the approval of EPRA, customize (national) energy conservation building codes to suit the local climatic conditions and may make rules to specify and notify energy efficiency and conservation building codes with respect to energy use in buildings; and direct every owner of occupier of a building being a designated consumer to comply with the provisions of the energy conservation building codes, among other roles.
· Further, under section 193(2) of the Act, the Cabinet Secretary is empowered to make regulations to provide for various matters some of which include: energy efficiency and conservation building codes; energy efficiency standards for specific technologies and buildings; and energy consumption norms and standards for designated consumers. These regulations/guidelines are yet to be prepared.
