Business

Senators express unease over planned solar laws

Thursday, December 10th, 2020 00:00 | By
Kenya Power. Photo/Courtesy

Lewis Njoka @LewisNjoka

Attempts to regulate solar energy hit headwinds after the Senate Committee on Energy termed the regulations unnecessary and punitive to those seeking to join the renewable energy sector.

Speaking during a meeting with Ministry of Energy officials to discuss the Draft Energy (Solar Photo Voltaic System) Regulations 2020, committee members expressed reservations about the regulations, saying they suspected it was just a ploy to protect the struggling utility firm, Kenya Power.

“You can tell us the whole story but we are still doubtful,” said Ephraim Maina, the committee chairman.

The utility firm which has since said it does not see any problem as corporates such as Total and individual consumers opt for solar, is however, bleeding with firms eyeing alternative energy, as profits plummet.

Members of the Senate committee said they did not see the urgency to regulate the solar sector which is doing just fine by introducing additional costs for solar installers and other sector players.

“I am worried about setting regulations where there is no need for them. The cost of getting the certifications is punitive for a country with a poverty index as high as ours,” said nominated Senator, Abshiro Halake.

She said the new regulations would only serve to impede market access and control the market warning that they could have unintended negative consequences on the sector as a whole.

These sentiments were supported by Ephraim Maina and Narok Senator, Ledama ole Kina, who said prohibitive cost would increase the cost of doing business and discourage people seeking to create jobs in this sector.

“Our view is that they (costs) should not be there (high), the status quo should remain,” said Maina.

Under the regulations, people involved in the design, installation and commissioning of solar PV systems will require to be licensed by Epra.

The regulations also introduce a continuous professional development requirement for those licensed.

Additionally, they will be required to take professional indemnity cover against risks that may occur in the course of their work.

Corresponding Acts

Ministry of Energy officials, however, defended the proposed regulations, saying they are not meant to protect Kenya Power from competition but rather seek to ring-fence the gains already made in the solar sector and align regulations with the corresponding Acts.

Energy Principal Secretary, Joseph Njoroge said considering that Kenya was a free-market enterprise the government could not deter people from utilising solar energy.

He said the Energy Act has already been reviewed ending up with the Energy Act 2019, meaning there was need to align the corresponding regulations with the Act, hence the development of the Draft Energy (Solar Photo Voltaic System) Regulations 2020.

“For the record, chair, I authoritatively state that there is no attempt to protect Kenya Power.“Be assured there is no such intention of stopping people from using the solar system,” he added.

The PS said the regulations were developed in good faith and are meant to support the good progress witnessed in the renewable energy sector.

Njoroge’s sentiments were echoed by the Energy and Petroleum Regulatory Authority (Epra) chief executive, Pavel Oimeke, who said the new laws sought to incorporate some new standards for sector developed by the Kenya Bureau of Standards and safeguard the gains already made in the sector.

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