Marsabit County Energy Development Act, 2015 (No. 2 of 2016)

3. The objects of this Act are to— ensure uninterrupted supply of energy to the County; promote diversity of supply of energy and its sources; facilitate effective management of energy demand and its conservation; promote energy research; 4 No.2 Marsabit County Energy Development 2016 promote appropriate standards and specifications for the equipment, systems and processes used for producing, supplying and consuming energy; ensure collection of data and information relating to energy supply, transportation and demand; provide for optimal supply, transformation, transportation, storage and demand of energy that are planned, organised and implemented in accordance with a balanced consideration of security of supply, economics, consumer protection and a sustainable development; provide safety, health and environment matters that pertain to energy; facilitate energy access for improvement of the quality of life of the people; commercialise energy related technologies; (k) ensure effective planning for energy supply, transportation and consumption; and (1) contribute to sustainable development of the County's economy. Implementation of the National Energy Policy and Plan

4. The County Government shall implement the National Energy Policy and Plan in the County to achieve the following objectives - sustainable energy supply, taking into account protection and conservation of the environment; access to energy services and supply; efficient functioning of energy markets; fair competition in the energy sector; secure and reliable supply of energy; energy efficiency and conservation; adequate attention to all forms of energy; development of renewable and indigenous forms of energy; targets for clean energy; interconnection and integration of energy networks; regional and international co-operation in energy trade, investments and development; 5 2016 Marsabit County Energy Development No.2 (1) enhance research, development and demonstration; facilitation of local manufacture of energy plant, equipment and appliances; protection of consumer and local community interests; elaborate disaster response and management strategy; involvement of citizens, communities and county governments in policy formulation integrated national energy plan. Obligation to Provide Energy in all Areas

5. (1) The County Government shall endeavour to facilitate the provision of affordable energy services to all areas in the County. (2) Where the County Government determines that a supply of energy in any area is necessary and upon assessment it is established to be uneconomical or commercially inexpedient to provide for the necessary reticulation by any licensee, the Member of the Executive Committee, may, with the approval of the County Assembly, undertake the provision of any such works or provide the funds necessary for the development of such works. (3) In endeavouring to provide affordable energy services to all, the County government shall support the development and use of modern and efficient emerging technologies. (4) The County Government shall endeavour to provide and facilitate the acquisition of necessary facilities for research and adoption of these new and emerging technologies. Energy Access by Households

6. (1) The Member of the Executive Committee with the approval of the County Assembly shall adopt measures that provide for the universal access to appropriate forms of energy or energy services for all the people of the County at affordable prices. (2) The measures contemplated in subsection (1) must take into account— the safety, health and environmental suitability of such energy; the availability of energy resources; the optimisation of existing energy infrastructure; the need for new infrastructure; the provision of information and training regarding energy and its optimal utilisation; 6 No.2 Marsabit County Energy Development 2016 the sustainability of the energy provision; affordability; cost effectiveness; and the County's commitment to provide free basic electricity to poor households. Safety, Health and Environment The member of the Executive Committee may, after consultation with the Member of the Executives Committees responsible for Trade and Industry, Labour , Environmental Affairs and Tourism, adopt measures not contemplated in any other legislation, to minimise the negative safety, health and environmental impacts of energy carriers. Integrated Energy Planning (1) The Member of the Executive Committee shall develop and, on an annual basis, review and publish the Integrated Energy Plan in the Kenya and County Gazette. (2) The Integrated Energy Plan shall deal with issues relating to the supply, transformation, transport, storage and demand of energy in a way that accounts for— security of supply; economically available energy resources; affordability; universal accessibility and free basic electricity; social equity; employment; the environment; international commitments; consumer and local community protection; and contribution of energy supply to socio-economic development. (3) The Integrated Energy Plan shall— (a) take account of plans relating to transport, electricity, petroleum, water, trade, macro-economy energy infrastructure development, housing, air quality management, greenhouse gas mitigation within the energy sector and integrated development plans of sub-counties and villages; 7 2016 Marsabit County Energy Development No.2 inform and be informed by plans from all supply, production and demand sectors whose plans impact on or are impacted by the Integrated Energy Plan; and be based on the results of the energy analysis. (4) The development of the Integrated Energy Plan shall take into account— sustainable development; optimal use of indigenous and regional energy resources; balance between supply and demand; economic viability; environmental, health, safety and socio-economic impacts; and developmental requirements of the National Government. (5) The Integrated Energy Plan shall have a planning horizon of no less than 10 years and subject to review as per the provisions of Section 109 of the County Government Act. (6) The Integrated Energy Plan shall - serve as a guide for energy infrastructure investments; take into account all viable energy supply options; and guide the selection of the appropriate technology to meet energy demand. (7) Before finalising the Integrated Energy Plan, the Member of the Executive Committee shall invite public views and take into considerations such views. (8) Any Integrated Energy Plan developed or reviewed shall be subject to the approval of the County Assembly. Investment in and Maintenance of Energy Infrastructure

9. The Member of the Executive Committee may, for the purposes of ensuring security of supply, direct any state-owned entity, in a prescribed manner, to— undertake security of supply measures; provide for adequate investment in energy infrastructure; invest in critical energy infrastructure; and ensure upkeep of all critical energy infrastructure. 8 No.2 Marsabit County Energy Development 2016 Exploration of Renewable Energy sources and Fiscal and Non-fiscal Incentives

10. (1) The County Department of Energy shall Accelerate the exploration and development of renewable energy resources in the County to - achieve energy self-reliance; reduce the county's dependence on fossil fuels; minimize the county's exposure to price fluctuations; Ensure the adoption of clean energy to mitigate climate change; and promote socio-economic development in rural areas. (2) The Member of the Executive Committee shall liaise with the Cabinet Secretary responsible for energy to adopt short-term, medium- term and long-term measures to increase the utilization of renewable energy in the County by providing fiscal and non-fiscal incentives to investors. Implementation of Renewable Projects in the County

11. The County Department of Energy shall oversee the implementation of the Large-scale Renewable Energy and the Small-scale Renewable Energy Schemes to encourage generation of electricity from renewable energy sources in the County Obligation to Implement National Standards and Guidelines

12. The County Department of Energy shall take appropriate legal and administrative measures to implement in the County national government standard and guidelines on— Portfolio Standard; Feed-In-Tariff; Net Metering; Green Energy Option; Such other prescribed standards for the development of renewable energy. The exploitation of Renewable Energy Resources

13. (1) The County Department of Energy shall adopt legal, regulatory measures to ensure good governance and transparency in the exploitation of renewable energy resources through- 9 2016 Marsabir County Energy Development No.2 Establishment of multi-sectoral partnerships; Community-level participation; and Country-wide development. The County Department of Energy may enter into partnership or collaboration with any private investors for the exploitation of renewable energy resources within the County. Where the County Department of Energy enters into partnerships referred to in subsection (2) above, the Public Private Partnerships Act ( Act No. 15 of 2013) and any other legislation by the County Assembly shall apply to such partnership. Regulations

14. The Member of the Executive Committee may, after consultation with those Members of the Executive Committee whose areas of responsibility will be affected by the proposed regulations, without derogating from his or her general regulatory powers, by notice in the County Gazette make regulations with respect to renewable energy development regarding - the publication of energy statistics or information; the type, manner and form of energy data and information that must be provided by any person; the form and manner of the link between the energy database and information system to any other system within the public administration; minimum contributions to national energy supply from renewable energy sources; the nature of the sources that may be used for renewable energy contributions to the county energy supply; (0 measures and incentives designed to promote the production, consumption, investment, research and development of renewable energy; minimum levels of energy efficiency in each sector of the economy; steps and procedures necessary for the application of energy efficiency technologies and procedures; labelling for energy efficiency purposes of household appliances, devices and motor vehicles; 10 No.2 Marsabit County Energy Development 2016 prohibition of the manufacture, or importation or sale of electrical and electronic products and fuel burning appliances for reasons of poor energy efficiency; standards and specifications for energy carriers; (1) energy efficiency standards for specific technologies, processes, appliances, devices, motor vehicles and buildings; (m) holding of strategic energy feedstocks and carriers, including financing mechanisms for such stocks; (n) energy conservation measures to be used during energy shortage, which may include but not limited to the amount of energy to be saved, the duration for such measures and penalties associated with non-compliance to such measures; (o) measures to ensure adequate provision of energy-related infrastructure; (p) measures to ensure operating reliability of all key energy infrastructure, to the minimum standards as may be determined by the Member of the Executive Committee; (q) measures to promote security of supply through access to common infrastructure by any party, where not provided for under any other legislation; (r) the prohibition of disposal methods of certain fuels or post- combustion residues; (s) the safe, healthy and sustainable use of energy, standards and specifications, not elsewhere legislated or regulated, for- the composition, colouring, labelling and form of energy carriers; low-smoke fuels; the prohibition of the sale or combustion of polluting fuels; cooking, heating, lighting and other energy consuming household appliances; transport of energy carriers; the storage and packaging of energy carriers; and any other energy-consuming appliance in all sectors of the economy. (t) any other matter that may or has to be prescribed, determined or provided for by regulation in terms of this Act. 11 2016 Marsabit County Energy Development No.2 Before promulgating regulations, the Member of the Executive Committee shall invite public views and take considerations of such views on such regulations. The Member of the Executive shall seek the approval of the County Assembly before promulgating any regulations made under this Section.