ADVOKS GLOBAL · KENYA
Energy Act
142. Obligation to extend network to persons requiring supply of electrical energy
Edition: 2022-12-31 · In force
142. Obligation to extend network to persons requiring supply of electrical energy
(1)It shall be the duty of a distribution licensee to plan and construct the requisite electric supply lines to enable any person in the licensee's area of supply receive a supply of electrical energy either directly from the licensee or from a duly authorized electricity retailer as the case maybe.(2)A person requiring a supply of electrical energy shall apply to the duly authorized retailer, but where there is no such retailer, to the distribution licensee:Provided that where the supply is to be provided at medium or high voltage the retailer may advise the applicant to apply directly to the distribution licensee.(3)A person making application under subsection (2) shall specify the premises in respect of which the supply is required and the maximum power required to be supplied, and a reasonable date when the supply is required to commence.(4)Upon receipt of the application made under subsection (2) the retailer or the distribution licensee, as the case may be, shall within the period specified in the licence and any regulations made under this Act, notify the person by whom the application is made, of the terms and conditions, which may include payments of whatever nature, to be complied with by the applicant before the supply is availed:Provided that the licensee may in its discretion allow an applicant under this subsection to pay the cost of the installation in instalments over such periods and on such terms and conditions as may be agreed upon between the licensee and such person.(5)Notwithstanding any payments made in accordance with subsection (4)—(a)all electric supply lines shall be the property of the distribution licensee and may be used to supply other persons provided that such use does not prejudicially affect the supply of electrical energy to the person who first required such electric supply lines to be laid down or erected;(b)such person shall be entitled to reimbursement by the licensee of a fair and just proportion of the cost originally paid by such person from payment made by each person subsequently connected to such electric supply lines provided that a claim for such reimbursement shall be made within six years; and(c)the licensee shall determine the fair and just proportion of the cost to be reimbursed in accordance with regulations made under this Act.(6)If any difference arises under this section as to the amount to be reimbursed by any person, that difference shall, upon the application of any person, be determined by the Authority.(7)A licensee shall keep at its office forms of requisition, embodying a suitable note drawing attention to the provisions of this section, and a copy shall, on application, be supplied free of charge to any person within the area of supply, and any requisition so supplied shall be deemed valid in point of form.Rural Electrification