Post-Legislative Scrutiny of the Energy Act, 2019

The Energy Act, 2019, Cap. 314 consolidated Kenya's energy sector legislation, repealing the Energy Act, 2006, the Kenya Nuclear Electricity Board Order, 2012, and the Geothermal Resources Act, 1982. It defines the roles of national energy entities in generation, transmission, distribution, oversight, and policy, while promoting renewable energy, regulating midstream and downstream petroleum and coal activities, and advancing universal energy access. Despite this legal and institutional framework, implementation gaps persist, and Section 4(1)'s requirement for a five-yearly national energy policy review has already lapsed, raising questions about the Act's operational effectiveness.

This proposal sets out a Post-Legislative Scrutiny (PLS) of the Energy Act, 2019, Cap. 314, grounded on Article 153(4)(b) of the Constitution, Standing Order 209(2)(b) of the National Assembly Standing Orders, and Strategic Objective 4 of the Parliamentary Service Commission's Strategic Plan 2019–2030. The main objective of the study is to assess the Act's implementation status and to contextualize Kenya's progress on electrification, tariffs, and institutional governance. The specific objectives of the study are to: assess the extent of implementation of the Act by national and county governments, gather stakeholders' feedback on the effects of the Act, and identify areas for improvement.

Methodologically, the study adopts a descriptive research design targeting Chief Executive Officers (CEOs) of energy entities (EPRA, KENGEN, KPLC, GDC, KPC, and REREC), County Executive Members for energy, and sampled consumers across 10 representative counties (multi-stage sampling; target n=4,000, via Taro Yamane's formula). Data collection will include the Key Informant Interview Guides and questionnaires, which will be administered electronically. A mixed-methods analytical approach will be employed; whereby quantitative data will be subjected to statistical analysis and qualitative data will undergo thematic analysis. This triangulation of methods is intended to strengthen the validity and richness of the study's interpretation.

The study is expected to generate evidence-based recommendations to strengthen the implementation of the Energy Act, 2019, and to inform future legislative and policy interventions in Kenya's energy sector.