The Energy and Petroleum Regulatory Authority (EPRA) has introduced a new set of fines under the proposed Energy (Electric Power Undertaking Licensing) Regulations, 2024. The regulations outline penalties for violations, including constructing or operating a power generation facility without EPRA’s approval.
The regulations developed by EPRA apply to individuals or entities engaged in or intending to engage in the exportation, importation, generation, transmission, distribution, or retail supply of electrical energy. However, exemptions apply to those generating electricity for personal use, provided the capacity does not exceed 1 megawatt (MW).
Additionally, the regulations will not apply to those generating power for backup purposes.
According to the newly published penalties in the Gazette notice, any person found guilty of providing false information to EPRA regarding energy generation activities will face a fine of Ksh10 million, imprisonment for up to five years, or both.
Persons found constructing or operating a power generation or importation undertaking without a licence from the Authority will be subjected to a fine of Ksh 100,000 for each day the undertaking operates without a licence.
EPRA has also announced in the regulations that any person found preventing an officer or agent of the Authority from conducting a technical audit or inspection will be subjected to a fine of Ksh 50,000 for every day that the obstruction persists.
Furthermore, failure to pay the necessary fees for undertaking projects prescribed in the regulations will result in a fine of Ksh 10,000 for each day the fee remains unpaid. Additionally, the licensee may face suspension or revocation of the licence if fees remain unpaid for more than 90 days.
Failure to comply with a compliance order issued by the Authority will attract a fine of Ksh 100,000 for each day the order is not adhered to.
Additionally, EPRA will suspend or permanently revoke the licences of individuals who fail to comply with such orders.
Meanwhile, the regulations came less than a month after Energy Cabinet Secretary Opiyo Wandayi revealed that he recently signed a raft of petroleum and gas regulations that once ratified by the relevant government agencies, will seek to regulate the gas and petroleum industry.
This, according to Wandayi, was a response to instances where the public has been exposed to dangerous establishments, such as gas refilling plants within residential estates.
"I have just signed regulations to deal with Liquefied Petroleum Gas (LPG) distribution and the supply chain generally," Wandayi announced.
