The Energy (Amendment) Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Exemption from Cabinet Secretary Consent
Amends Section 223 of the Energy Act (Cap 314) to state that the restriction requiring written consent from the Cabinet Secretary before a public body charges levies on public energy infrastructure does not apply to county governments.
Independent Wayleave Levy Collection
Empowers county governments to independently charge and collect levies on wayleaves laid by energy sector entities, assisting counties to raise independent source revenue under Article 209(3) of the Constitution.
Funding for County Road Repairs
Enables counties to utilize the collected wayleave levies to repair, cover, and maintain county roads and spaces that are frequently left excavated and unattended during energy infrastructure installations.
Bill No.
No. 11 of 2025
Gazette No.
Supplement No. 117 of 2025
Sponsor
Oburu Oginga
Background
Under Section 223 of the Energy Act (Cap 314), public bodies are prohibited from charging levies on public energy infrastructure without obtaining written consent from the Cabinet Secretary in charge of Energy and Petroleum.
Energy infrastructure, such as underground wayleaves, is frequently laid along county roads. The excavation works often leave trenches unattended, placing the financial and physical burden of road repair and maintenance on county governments. Currently, counties are constrained from raising revenue from these installations due to the requirement for Cabinet Secretary approval.
Key Amendments
Amendment of Section 223 of Cap 314
The Bill proposes to amend Section 223 of the Energy Act by:
- Renumbering the existing provision as subsection (1).
- Inserting a new subsection (2) which explicitly states: "Subsection (1) shall not apply to county governments."
This amendment exempts county governments from the requirement to seek written consent from the Cabinet Secretary before levying charges on public energy infrastructure within their jurisdictions. This enables counties to exercise their revenue-raising powers under Article 209(3) of the Constitution to maintain county roads and infrastructure.
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Updates will be visible here once they are approved and applied to this bill.