Public invited to submit views on Energy Act amendments exempting counties from CS approval on wayleave charges

Kenyans have been invited to submit their views on proposed amendments to the Energy Act that aim to exempt county governments from seeking Cabinet Secretary approval before levying wayleave charges.

The move aims to streamline the process for counties, reduce bureaucratic delays and enhance local revenue collection for infrastructure projects.

The Energy (Amendment) Bill (Senate Bills No. 11 of 2025) was read a First Time in the Senate on Tuesday, September 23, 2025, and subsequently referred to the Standing Committee on Energy for consideration. The Committee is mandated, under Standing Order 145(5) of the Senate Standing Orders, to facilitate public participation and take into account the views and recommendations of the public when preparing its report to the Senate.

“The principal object of this Bill is to amend section 223 of the Energy Act, to exempt county governments from the group of public bodies that need to seek consent from the Cabinet Secretary in charge of Energy and Petroleum before levying charges on wayleaves,” Senate Clerk Jeremiah Nyegenye said.

The Bill is intended to increase avenues for counties to raise revenue in exercise of their powers under Article 209(3) of the Constitution. According to the memorandum, the Bill does not delegate legislative powers nor limit fundamental rights and freedoms.

Committee Chairperson Oburu Oginga explained that the Bill specifically concerns county governments because it affects their powers under Article 209, which allows counties to impose charges and levies for services they provide, thereby increasing local revenue. Wayleaves often involve underground infrastructure that can damage county roads.

“The trenches left after wayleaves are laid are often unattended to by the laying entity, leaving counties responsible for covering and maintaining those roads and spaces. By allowing counties to charge levies for wayleaves, counties can use the monies collected to repair and maintain county roads, in addition to raising revenue,” he said.

In line with Article 118 of the Constitution and Standing Order 145(5), the Standing Committee on Energy has invited interested members of the public to submit written memoranda on the Bill.

Memoranda can be submitted to the Clerk of the Senate, P.O. Box 41842-00100, Nairobi, hand-delivered to the Office of the Clerk of the Senate at the Main Parliament Buildings, Nairobi, or emailed to [email protected], with a copy to [email protected].

Nyegenye noted that all submissions must be received on or before Thursday, October 16, 2025, at 5:00 pm.

The full Bill and a digest summarising its contents and context are accessible on the Parliament website.

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