ADVOKS GLOBAL · KENYA
Energy Act
190. Power of Cabinet Secretary to enforce efficient use of energy and its conservation
Edition: 2022-12-31 · In force
190. Power of Cabinet Secretary to enforce efficient use of energy and its conservation
The Cabinet Secretary may, upon recommendation by the Authority make regulations to—(a)specify the norms for processes and energy consumption standards for any equipment, appliances which consumes, generates, transmits or supplies energy;(b)specify equipment or appliance or class of equipment or appliances, as the case may be, for the purposes of this Act;(c)prohibit manufacture or sale or purchase or import of equipment or appliance specified under paragraph (b) unless such equipment or appliances conform to minimum energy efficiency performance standards;Provided that no notification prohibiting manufacture or sale or purchase or import of equipment or appliance shall be issued within a period of six months from the date of notification issued under paragraph (a):Provided further that the Cabinet Secretary may, having regard to the market share and the technological development having impact on equipment or appliance, and for reasons to be recorded in writing, extend the said period of six months referred to in the first proviso by a further period not exceeding six months;(d)direct display of such particulars of label on equipment or on appliance specified under paragraph (b) and in such manner as may be specified by regulations;(e)specify and update, any user or class of users of energy in the energy intensive industries and other establishments having regard to—(i)the intensity or quantity of energy consumed;(ii)the amount of investment required for switching over to energy efficient equipment and capacity of industry to invest in it; and(iii)availability of the energy efficient machinery and equipment required by the industry;(f)establish and prescribe such energy consumption norms and standards for designated consumers as it may consider necessary:Provided that the Cabinet Secretary may, upon recommendation by the Authority, prescribe different norms and standards for different designated consumers having regard to such factors as may be prescribed;(g)direct, having regard to quantity of energy consumed or the norms and standards of energy consumption specified under paragraph (a) the energy intensive industries specified in regulations to get energy audit conducted by an accredited energy auditor in such manner and intervals of time as may be specified by regulations;(h)direct, if considered necessary for efficient use of energy and its conservation, any designated consumer to get energy audit conducted by an accredited energy auditor;(i)direct any designated consumer to furnish to the Authority, in such form and manner and within such period, as may be prescribed, the information with regard to the energy consumed and action taken on the recommendation of the accredited energy auditor;(j)direct any designated consumer to designate or appoint energy manager or energy auditors in charge of activities for efficient use of energy and its conservation and submit a report, in the form and manner as may be prescribed, on the status of energy consumption at the end of the every financial year to the Authority;(k)prescribe minimum qualification for energy auditors and energy managers to be designated or appointed under paragraph (j);(l)direct every designated consumer to comply with energy consumption norms and standards;(m)direct any designated consumer, who does not fulfill the energy consumption norms and standards prescribed under paragraph (f), to prepare a scheme for efficient use of energy and its conservation and implement such scheme keeping in view of the economic viability of the investment in such form, the time within which and the manner as may be prescribed;(n)prescribe energy efficiency and conservation building codes for efficient use of energy and its conservation in the building or building complex;(o)amend, in consultation with other statutory authorities, the energy efficiency and conservation building codes to suit the regional and local climatic conditions;Provided that the powers under this paragraph shall be exercised in consultation with the concerned County.(p)direct every owner or occupier of the building or building complex, being a designated consumer to comply with the provisions of energy efficiency and conservation building codes for efficient use of energy and its conservation;(q)direct, any designated consumer referred to in paragraph (l), if considered necessary, for efficient use of energy and its conservation in his building to get energy audit conducted in respect of such building by an accredited energy auditor in such manner and intervals of time as may be specified by regulations; and(r)specify energy intensive industries.