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State Moves to Regulate Companies Generating Private Electricity

The proposal is part of the amendments proposed by Ichung'wah in a new Bill.

Ndungu ChiuribyNdungu Chiuri
November 22, 2023
Reading Time: 3 mins read
Energy Cabinet Secretary Davis Chirchir (Third From Right) And Epra Director General Daniel Kiptoo (Third From Left) Join Other Leaders In Unveilling The

Energy Cabinet Secretary Davis Chirchir (third from right) and EPRA Director General Daniel Kiptoo (third from left) join other leaders in unveiling guidelines for e-mobility charging on September 14 in Nairobi.

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Independent Power Producers (IPP) seeking to generate power exceeding 500 Kilowatts could soon be required to seek approval from the Energy Petroleum and Regulatory Authority (EPRA).

This is after a proposal by Leader of Majority Kimani Ichung’wah in the Statute Law (Miscellaneous Amendments) Bill 2023 tabled in parliament.

Currently, the law stipulates that any company or individual generating power beyond 1 Megawatt for private use should seek approval from EPRA.

But Ichung’wah in his proposal wants the limit of the maximum power companies can generate without the authorization lowered to 500 Kilowatts.

President William Ruto (Right) Shares A Moment With Kiharu Mp Ndindi Nyoro (Left) And Majority Leader Kimani Ichung'Wah. Ichung'Wah Has Proposed New Law Seeking To Regulate Ipp Companies.
President William Ruto (right) shares a moment with Kiharu MP Ndindi Nyoro (left) and Majority Leader Kimani Ichung’wah.

If approved, the proposal would see entities or individuals in the power generation business affected.

So far, companies including tea factories and cement manufacturers have already ventured into power production.

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Besides using the self-generated power for their operations, the companies also sell the surplus to the Kenya Power and Lighting Company (KPLC) grids as independent producers.

IPPs have lately contributed significant power to the national grid used by the KPLC.

Growing Number of IPP Companies

In 2022, Kenya Power reported that IPP contributed 37% of the total power in the national grid.


Also Read: EPRA Announces New Fuel Prices


Of concern, however, has been the disparities between the cost of power supplied to KPLC by the IPPs and that generated by the state-owned Kenya Electricity Generating Company (KenGen)

Lack of a proper framework to govern the IPPs has been named as a leading factor causing transparency concerns. 

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Ichung’wah further proposed a review of EPRA functions said to be overlapping with the functions of the Ministry of Energy.

Additionally, the Bill tabled by Leader of Majority recommended a 100% increase of the levy charged on electricity and petroleum.

The increment, if passed, would see fuel and electricity charges in the country surge further.

“Delete the phrase “half of a (percent)” appearing in paragraph (a) (of Section 20(1) of the Act),” the Bill presented by Ichung’wah read.  

What’s more the Kikuyu legislator proposed the inclusion of the Kenya Power and Lighting Company (KPLC) in the membership of the Rural Electrification and Renewable Energy Corporation.


Also Read: EPRA Entices Kenyans with Incentives to Ditch Petrol, Diesel Cars 


Other recommendations in the amendment bill include winding up the Nuclear Power and Energy Agency and transferring its functions to the Ministry of Energy.

EPRA’s role in the regulation of crude oil business is also set to be expanded with Bill.

Preident William Ruto (Left) And Epra Director General Daniel Kiptoo Shake Hands At A Past Event.
President William Ruto (left) and EPRA Director General Daniel Kiptoo shake hands at a past event.
Tags: EPRAIPPsKimani Ichung'wahKPLC
Ndungu Chiuri

Ndungu Chiuri

Robinson is a digital journalist for The Kenya Times, dedicated to informing the public and telling compelling stories that impact people's lives. I am passionate about politics, current affairs, and feel-good stories that cover the achievements of individuals in society. With a skill set of modern trends in journalism, I am committed to upholding accuracy, independence, and objectivity in my practice to fit in the dynamic media space. You can reach me at [email protected].

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