NAIROBI, Kenya – Kenyans have until October 16 to submit their views on a proposed law that seeks to free county governments from bureaucratic hurdles when charging wayleave fees on energy and infrastructure projects.
The Energy (Amendment) Bill, 2025, which was tabled in the Senate on September 23, proposes to exempt counties from seeking approval from the Cabinet Secretary for Energy and Petroleum before imposing such levies.
According to Senate Clerk Jeremiah Nyegenye, the Bill seeks to amend Section 223 of the Energy Act, effectively giving counties more autonomy in collecting wayleave charges — fees imposed for laying power lines, fibre cables, or other utilities across public land.
“The Bill’s principal object is to exempt county governments from the group of public bodies that must seek consent from the Cabinet Secretary before levying charges on wayleaves,” Nyegenye said in a notice inviting public views.
The Standing Committee on Energy, chaired by Senator Oburu Oginga, is overseeing the public participation process as required under Article 118 of the Constitution and Senate Standing Orders.
The Committee will compile a report reflecting the submissions before the Bill proceeds to the next stage.
Oburu said the proposed changes are intended to empower counties to generate revenue and manage road maintenance more effectively.
“Wayleave activities often damage county roads, and counties are left to restore them. Allowing counties to collect levies will enable them to fund repairs and enhance local revenue,” he explained.
If passed, the Bill could significantly reduce bureaucratic delays that currently slow infrastructure rollout, especially in sectors such as energy and broadband connectivity.
Written memoranda can be sent to the Clerk of the Senate, P.O. Box 41842-00100, Nairobi, hand-delivered to the Main Parliament Buildings, or emailed to clerk.senate@parliament.go.ke and energycommittee.senate@parliament.go.ke before 5:00 pm on October 16, 2025.
The full Bill and a summary digest are available on the Parliament of Kenya website.
