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"speaker_name": "Hon. Kamau",
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"legal_name": "Jamleck Irungu Kamau",
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"content": "“The Cabinet Secretary shall prepare a renewable energy resources inventory and resource map in respect of each renewable energy area and thereafter prepare updates biennially”. The stakeholders were in agreement with this clause, but they were not comfortable with the updates being biannual. However, after many deliberations, the Ministry agreed to adopt the Kenya Private Sector Alliance (KEPSA) amendments, which will come before the House. I hope the Members will be in agreement with that. The others were well covered by the Mover of the Bill. I will touch on just two issues that were of concern to the stakeholders. Clause 147(5) states that:- “The Authority shall, within fifteen days after the receipt of the application, inform the applicant in writing whether the application is complete”. This is the application that is going to be made to the authority. The stakeholders wanted the authority, within 15 days after receipt of the application, to inform the applicant in writing whether the application is complete and process all complete applications for a licence within 30 days. We are saying that the entire process immediately after application should and must be complete within 45 days. The Ministry rejected the KEPSA proposal to merge confirmation of completeness and processing of an application within 60 days. They said that they would not agree to that because it is neither practical nor efficient to start processing an application that is not materially complete. In other words, if the application is not complete within 15 days and somebody is notified, there is no way the same can start to be processed. That made some sense to us. The only new clause which is not in this Bill and which the private sector stakeholders and the Ministry were in agreement with is the provision that after a representation by the Constitutional Implementation Oversight Committee (CIOC) of the National Assembly with regard to the quality supply of Kenya Power and the need to provide compensation where there are damages to any equipment or property. When power outages affect our electrical appliances, there is that provision that compensation should be made only when damages are as a result of negligence by Kenya Power. Therefore, there was a proposal that we address this by inserting a new clause after Clause 169. If Members are in agreement, this clause will read: “Subject to any agreements which may be entered into between a licensee and a consumer as provided under this Act, whenever the licensee makes default in supplying electrical energy to any consumer: (1) the licensee shall be liable to, in respect of each default, a penalty as prescribed by the regulations in that behalf. (2) The licensee shall be liable to pay compensation to any person who incurs damage to his/her property, injury or loss of life due to failure, poor quality or irregularity of electricity supply as a result of negligence of avoidable default by the licensee”. In this case, the licensee is the Kenya Power and the consumer is the person who has a contract with Kenya Power. It goes on further to say that:- “(3) For avoidance of doubt, the licensee shall not be liable to pay any compensation pursuant to sub-section (2) if the failure, poor quality or irregularity of the supply was caused by third party interference of the licensee electric supply lines”. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}