ADVOKS GLOBAL · KENYA
Energy Act
80. Cabinet Secretary may grant a geothermal resources licence
Edition: 2022-12-31 · In force
80. Cabinet Secretary may grant a geothermal resources licence
(1)The Cabinet Secretary may, on receiving an application for the extraction of geothermal resources in respect of any land, and in consultation with the Renewable Energy Resource Advisory Committee grant a licence over part or the whole of a geothermal resources area under such terms and conditions as the Cabinet Secretary may determine in accordance with Article 71 of the Constitution.(2)An application for a licence to be issued under this section shall be in the approved form and be accompanied by the prescribed fees.(3)The Cabinet Secretary in granting a licence under this section shall do so in an open, competitive and transparent manner.(4)A licence may be granted under this section for such term, not exceeding thirty years, as the Cabinet Secretary may determine and shall be in the prescribed form.(5)Where the Cabinet Secretary, rejects the application for a licence under this section, the Cabinet Secretary shall provide the applicant with the reasons for such refusal within fourteen days.(6)Any decision made under this section shall be upon the advice of the Renewable Energy Resource Advisory Committee.(7)An applicant who is dissatisfied with the decision of the Cabinet Secretary, under this section may appeal to the Tribunal within thirty days of receipt of the decision.(8)An applicant aggrieved by a decision of the Tribunal under subsection (7) may appeal to the High Court against the decision of the Tribunal.(9)Within one hundred and twenty days after an applicant files an appeal under subsection (8), the High Court shall hear and determine the appeal.(10)If the High Court fails to hear and determine the appeal within the period referred to under subsection (9), the decision of the Tribunal shall be final.