THE ENRGY (AMENDMENT) BILL, (SENATE BILLS NO. 11 OF 2025)
Status Timeline
Proposed
Done · 15 Sep 2026
Public Review
Done
Debate
Done
Executive
Done
Rejected
Active now
Exemption from Cabinet Secretary Consent
The Bill proposes to amend Section 223 of the Energy Act, Cap 314, to exclude county governments from the list of public bodies that must obtain written consent from the Cabinet Secretary before charging levies on public energy infrastructure wayleaves.
Dedicated Funds for County Road Maintenance
Exempting counties from the consent requirement allows them to levy fees on wayleaves independently. The collected revenues are intended to fund the repair and general maintenance of county roads and public spaces hosting energy infrastructure.
Retention of Consent Rules for Other Public Bodies
While county governments gain full autonomy to levy these fees, the amendment preserves the written consent requirement for all other public entities seeking to levy charges on public energy infrastructure.
Bill No.
Senate Bills No. 11 of 2025
Gazette No.
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Sponsor
Senate Energy Committee
Background
Under Section 223 of the Energy Act, Cap 314, public bodies cannot charge levies on public energy infrastructure without the prior written consent of the Cabinet Secretary in charge of Energy. In practice, county governments are rarely granted this consent. Consequently, counties have had to bear the financial burden of repairing and maintaining local roads and spaces disrupted by public energy sector installations without a corresponding revenue stream.
Key Amendments
- Section 223 of the Energy Act (Cap 314): The Bill amends this section to exempt county governments from requiring written consent from the Cabinet Secretary before levying charges on wayleaves within their jurisdictions. This enables counties to exercise their revenue-raising powers under Article 209 (3) of the Constitution.
New Obligations
- County Autonomy in Fee Levying: County governments will have the authority to directly levy charges on public energy infrastructure wayleaves.
- Maintenance of Infrastructure Corridors: Monies collected from these levies must be directed toward the repair and maintenance of county roads and public spaces where energy infrastructure is laid.
Gazettement
The Energy (Amendment) Bill (Senate Bills No. 11 of 2025) was published in Kenya Gazette No. 117 on 16th July 2025.
First Reading
The Bill was read a First Time in the Senate on 23rd September 2025.
Committed to Committee
The Bill was referred to the Senate Standing Committee on Energy on 23rd September 2025.
Bill Rejected / Withdrawn
The Bill was withdrawn on 10th March 2026 pursuant to Standing Order 159.