CS Wandayi, senators clash over county wayleave fees in Energy Bill debate
This change would allow counties direct control over fees from electricity lines, substations, and other state-owned infrastructure running through public land.
A tense exchange unfolded at the Senate Energy Committee on Monday as Energy Cabinet Secretary Opiyo Wandayi faced scrutiny over a bill that would allow county governments to collect wayleave fees from Kenya Power and other state entities.
Wandayi cautioned that the proposed Energy (Amendment) Bill, 2025, if enacted, could push electricity prices higher and complicate regulation of the sector.
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“The effect of the proposed amendment would be to create unplanned levies at the county level, thereby increasing the cost of electricity and undermining affordability,” Wandayi told the senators.
He emphasised that the current framework ensures uniformity in charges, which he said protects consumers from sudden electricity cost hikes.
Senators, however, accused the national government of denying counties their rightful revenue streams.
Committee chairperson Oburu Oginga contended that Kenya Power generates substantial income by leasing its wayleave corridors to telecom firms, and that counties should receive part of these earnings.
“Kenya Power is making money which rightfully belongs to the counties. The company is earning extra revenue that is not due to it — that money should go to the counties,” Oburu stated.
The Energy (Amendment) Bill seeks to remove the requirement for counties to obtain written consent from the Energy CS before levying wayleave charges.
This change would allow counties direct control over fees from electricity lines, substations, and other state-owned infrastructure running through public land.
Nairobi Senator Edwin Sifuna pressed Wandayi to clarify whether the ministry was aware of alternative revenue streams KPLC has developed.
Wandayi defended the ministry’s position, warning that giving counties unrestricted authority could create inconsistencies in pricing and complicate monitoring of the sector.
Nominated Senator Beatrice Ogolla criticised the ministry’s stance, describing it as undermining the principles of devolution, a view echoed by Kilifi Senator Danson Mungatana.
Kakamega Senator Boni Khalwale, in contrast, supported Wandayi, expressing concern that devolved fees could weaken accountability at the county level and invite misuse.
Wandayi urged that all stakeholders in the energy sector be engaged in discussions, noting the sensitivity of the matter.
“This issue should not rest solely with the ministry; it requires a collaborative approach,” he said.
The committee paused briefly before starting the session to honour the late Raila Odinga with a minute of silence. Senators are expected to continue deliberations in the coming weeks before issuing a final recommendation on the bill.
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