The enactment of the new Energy Act 2019 in March this year paved the way for the energy sector to further steps towards its modernization and development. It has several amendments to the repealed Energy Act intended as set out in the preamble; to consolidate the laws relating to energy; to properly delineate the functions of the national and devolved levels of government in relation to energy; promote renewable energy; promote exploration, recovery and commercial utilization of geothermal energy; regulate midstream and downstream petroleum and coal activities, among others. The Act repeals the Energy Act (the repealed Energy Act), the Geothermal Resources Act and the Kenya Nuclear Electricity Board Order No. 131 of 2012. It is also expected to create an enabling environment for the Government’s Big Four Agenda.

The legislation calls for an integrated national energy plan every three years; a progressive energy plan that takes into account all viable energy supply options to ensure delivery of reliable energy services at least cost, and which is guided by appropriate technology. It also mandates county governments to prepare county energy plans informed by their respective energy needs as well as the establishment of SEForALL technical committees. Although the law does not mention climate change directly, it is understood that climate change and energy are two sides of the same coin since energy is a solution and a contributor to climate change. Kenya shall play its role according to global protocols and obligations which the country has signed such as the Paris Agreement and SDG implementation. The Act comes at a time when nations across the world are making efforts to enhance their ambition through revising their Nationally Determined Contributions by making more ambitious commitments so as to ensure that global temperatures are kept well below 1.5^oC.

The Sustainable Energy Access Forum therefore intends to seize this opportunity by taking part in the implementation of the Energy Act as well as providing meaningful contributions in the national and county energy policy processes. A rapid assessment of the Energy Act 2019 will be conducted in order to identify key opportunities and entry points for SEAF-K’s engagement. The activity will also be aimed at creating awareness to the SEAF-K members on the Key Provisions of the Act.

Purpose of the workshop

The main challenge is to design and implement a coherent policy framework that levels the playing field for energy utilization, internalizes external costs, provides specific and targeted incentives for market development of energy efficient fuels and appliances and encourage energy service supply for productive end-users for poverty reduction. The enactment of the new Energy Act 2019 provides a good entry point for SEAF-K to analyze its provisions and assess if it addresses the needs of key actors in the energy space including those at the base of the pyramid. It’s in view of this that the governance, Research and Development thematic groups seek to hold a 2days review workshop on the same. In addition, SEAF-K will leverage on the meeting to launch the Kitui County Energy outlook which was prepared in 2017 whose content is currently being used by CAFOD in support Kitui County in preparing the county energy plan.

Key Objectives

1. To create awareness to the SEAF-K members on the key provisions of the Energy Act
2. To review the energy Act
3. To identify key entry points/opportunities for SEAF-K’s engagement in the implementation of the Energy Act
4. To propose recommendations for effective implementation of the Act
5. To launch Kitui Energy Outlook

Expected outcomes

1. Sufficient understanding of the key provisions of the Act
2. Key Opportunities for SEAF-K’s engagement identified and prioritized
3. key recommendations on effective implementation of the Act
4. A reviewed draft/ memo
5. Kitui Energy Outlook is launched

Methodology, timelines and participants

This will be a 2 day workshop to be held at Green Africa Center of Excellence in Kitui County, on 16^th and 17th September 2019. Participants will include thematic group members and representatives from the Ministry of energy.