The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026, Legal Notice 79 of 2026, commenced 8 May 2026, as published by Kenya Law at https://new.kenyalaw.org/akn/ke/act/ln/2026/79/eng@2026-05-08/source.pdf . Regulation 24 covers bulk supply to eligible consumers, and regulations 33 to 37 open access and wheeling, with a threshold of one megavolt-ampere on the distribution system (regulation 35).

Contributed as a source for Greater Mombasa Greenfield Energy Investment.

Contents of the file

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LAWS OF KENYA THE ENERGY (ELECTRICITY MARKET, BULK SUPPLY AND OPEN ACCESS) REGULATIONS, 2026 NO. 79 OF 2026 Revised and published by the National Council for Law Reporting with the authority of the Attorney-General as gazetted by the Government Printer www.kenyalaw.org

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Kenya Energy Act The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 Legal Notice 79 of 2026 Legislation as at 8 May 2026 By Kenya Law and Laws.Africa. Share widely and freely. www.kenyalaw.org | [email protected] FRBR URI: /akn/ke/act/ln/2026/79/eng@2026-05-08 There is no copyright on the legislative content of this document. This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC- SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following elements: • BY: credit must be given to the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely.

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Contents Part I – PRELIMINARY … 1

1. Citation … 1
2. Interpretation … 1
3. Application … 2
4. Objective of these Regulations … 2 Part II – THE ELECTRICITY MARKET … 2
5. Establishment of electricity market … 2
6. Participants in the electricity market … 2
7. Participation in the electricity market … 3
8. Categories of electricity markets … 3
9. Electricity market structure or design … 3
10. Market governance … 3
11. Operation and performance security … 3
12. Functions of the system operator … 3
13. Functions of a generation licensee in the electricity market. … 4
14. Functions of a transmission licensee in the electricity market … 4
15. Functions of a distribution licensee in the electricity market … 4
16. Functions of a retail supply licensee in the market … 4
17. Role of a consumer and an eligible consumer … 5
18. Regulation on pricing … 5
19. Regional electricity trade (import and export) … 5
20. Provision of system ancillary services … 5
21. General market provisions … 5
22. Transitional phase … 5
23. Breach of Market rules … 5 Part III – BULK SUPPLY … 6
24. Bulk supply … 6
25. Application for bulk supply … 6
26. Bulk supply contract … 6
27. Multiple suppliers … 6
28. Metering of electrical energy supplied … 7
29. Bulk supply and network services tariffs … 7
30. Quality of supply … 7

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31. Obligations of the participants … 7
32. Environment, Health and Safety … 7 Part IV – OPEN ACCESS … 7
33. Open access principles … 7
34. Open access application to the network service provider … 7
35. Eligibility to seek open access … 8
36. Categories of open access contracts … 8
37. Network services provision … 8
38. Energy Accounting … 8
39. Imbalance charges … 8
40. Energy losses … 8
41. Compliance with the Grid Code … 9
42. Congestion Management … 9 Part V – MISCELLANEOUS … 9
43. Complaints and disputes to be referred to the Authority … 9
44. Appeals … 9
45. Offences and penalties … 9 FIRST SCHEDULE (r.9) … 10 SECOND SCHEDULE (r. 20(4)) … 11 THIRD SCHEDULE (r. 25(1)) … 11 FOURTH SCHEDULE (r. 26) … 13 FIFTH SCHEDULE (r. 34(1)) … 14 SIXTH SCHEDULE (r. 34(4)) … 19

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya ENERGY ACT THE ENERGY (ELECTRICITY MARKET, BULK SUPPLY AND OPEN ACCESS) REGULATIONS, 2026 LEGAL NOTICE 79 OF 2026 Published in Kenya Gazette on 8 May 2026 Commenced on 8 May 2026 Part I – PRELIMINARY

1. Citation These Regulations may be cited as the Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026.
2. Interpretation In these Regulations, unless the context otherwise requires — “Act” means the Energy Act (Cap. 314); “ancillary services” has the meaning assigned to it under section 138(11) of the Act; “bulk supply” has the meaning assigned to it under the Act; “Eastern Africa Power Pool” means the regional institution established to coordinate cross-border power trade and grid interconnection among nations of the Eastern Africa region; “electricity market” means the market where licensees who are authorized to generate, import or export electric power offer to sell electrical energy to retail licensees for resale to consumers through the power systems operated by licensees who are authorized to carry out transmission and distribution of electricity and includes all the rules and regulations governing transactions between licensees, the system operator and consumers; “energy accounting” means accounting for the different energy supplied to and drawn from the grid by various licensees; “firm capacity” means dispatchable power; “forward contract” means a contract between two market participants to buy or sell electrical energy, capacity power, ancillary services and other use of network services at an agreed price on a specified date for delivery on a future date; “Grid Code” means the Kenya National Transmission Grid Code and the Kenya National Distribution Grid Code published on the Authority’s website; “network” means transmission system or distribution system; “network services” means a transmission or distribution services associated with the conveyance of electricity through the grid; “network service provider” means a transmission or distribution licensee; “non-firm capacity” means non-dispatchable power; “open access” means the non-discriminatory provision for the use of an electric transmission or distribution system by any licensee or consumer; 1

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya “spot market” means an electricity market where electrical energy, capacity power, ancillary services and other use of network services are traded for immediate delivery; “system operator” means a person designated as such by the Authority pursuant to section 138 of the Act; “Transitional Phase” means the period between the first review of electricity market and the next review; and “wheeler” means the person using the transmission system or distribution system of a transmission licensee or distribution licensee, as the case may be, for the conveyance of electricity on payment of wheeling charges. 3. Application These Regulations shall apply to generation, importation, exportation, transmission, distribution, retail supply, sale of electrical energy and provision of system ancillary services. 4. Objective of these Regulations The objective of these Regulations shall be to— (a) provide a framework for establishment of a competitive electricity market; (b) promote an efficient management and operation of electricity market; (c) provide a framework for review of electricity market; (d) promote reliability and security of supply, and quality of service in the electricity market; (e) provide a non-discriminatory open access to transmission and distribution system by licensees and consumers; (f) encourage investment in generation, transmission, distribution and retail supply; and (g) ensure accountability and transparency in the operations of the electricity market. Part II – THE ELECTRICITY MARKET 5. Establishment of electricity market Pursuant to section 131(2) of the Act, there is established an electricity market for retail and bulk supply of electrical energy and power, provision of ancillary services, and for access to network services. 6. Participants in the electricity market The electricity market shall consist of the following participants— (a) system operator; (b) generation licensees; (c) transmission licensees; (d) distribution licensees; (e) retail licensees; (f) eligible consumers; (g) consumers; (h) exporters of electricity; and 2

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya (i) importers of electricity. 7. Participation in the electricity market A participant in the electricity market shall participate through a bilateral contract, spot market or forward contract. 8. Categories of electricity markets The electricity market shall be categorised as follows— (a) generation market which shall provide both capacity contracts and energy contracts; (b) capacity market which shall deal with power from firm capacities; and (c) energy market which shall deal with power for both firm and non-firm capacities. 9. Electricity market structure or design Pursuant to section 131(1) of the Act, the first electricity market structure following the first review of the electricity market shall be as set out in the First Schedule. 10. Market governance The system operator shall develop electricity market operational procedures with the approval of the Authority. 11. Operation and performance security (1) Each market participant shall submit a performance security in the electricity market as may be guided by the system operator from time to time. (2) The percentage of performance security shall be provided in the electricity market operational procedures. 12. Functions of the system operator (1) In addition to the functions specified in section 138 of the Act, the system operator shall undertake market operational activities in line with section 138(11) of the Act. (2) The market operational activities referred to in subregulation (1) include the following— (a) registration of market participants; (b) establishing and managing an online market portal to enable sharing of orders for buying and selling between or amongst licensees and consumers; (c) providing services and systems for facilitating the matching of supply and demand, and clearing and settlement of transactions; (d) subject to the approval of the Authority, charging processing fees and related trading commissions for market operations on the buy or sell orders submitted through the market; (e) collecting and disseminating market data; (f) establishing and managing the accounts for performance security, as may be required by parties; (g) co-ordinating market activities with other market participants; 3

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya (h) submitting periodic reports to the Authority including reports relating to — (i) demanded capacity and supplied capacity; (ii) market capacity prices; (iii) demanded energy and supplied energy; (iv) wheeling capacity; and (v) wheeled energy. 13. Functions of a generation licensee in the electricity market. In addition to the obligations specified in section 132 of the Act, the generation licensee in the electricity market shall— (a) supply the electrical energy in accordance with the market contract; (b) participate in activities aimed at maintaining system stability and security; (c) trade generated electrical energy in the electricity market; and (d) comply with the conditions of the generation licence. 14. Functions of a transmission licensee in the electricity market In addition to the functions specified in section 136 of the Act, the transmission licensee in the electricity market shall— (a) provide its transmission system to wheel the purchased bulk electrical energy in an efficent, reliable and safe manner in the electricity market; (b) participate in the activities aimed at maintaining system stability and security; and (c) comply with the conditions of the transmission licence. 15. Functions of a distribution licensee in the electricity market In addition to the functions specified in section 140 of the Act, the distribution licensee in the electricity market shall be to— (a) provide its distribution system to wheel the electrical energy in an efficient, reliable and safe manner; (b) to participate in activities aimed at maintaining system stability and security; and (c) comply with the conditions of the distribution licence. 16. Functions of a retail supply licensee in the market The functions of a retail supply licensee in the electricity market, include— (a) purchase bulk electrical energy in the electricity market pool for supply to the consumers and eligible consumers in accordance with the electricity supply contract; (b) bill for the power supplied, collect the revenues and make payments to the respective licensees; (c) comply with the directions of the system operator; and (d) comply with the conditions of the retail licence. 4

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya 17. Role of a consumer and an eligible consumer (1) An eligible consumer shall comply with the directions of the system operator. (2) An eligible consumer and a consumer in the electricity market shall make payment for the electrical energy consumed. 18. Regulation on pricing The applicable tariffs and tariff structures shall be determined in accordance with the applicable electricity tariff regulations and guidelines. 19. Regional electricity trade (import and export) (1) Electricity trading within the Eastern Africa region shall be conducted in the manner set out in the bilateral agreements or the applicable rules of the Eastern-Africa Power Pool. (2) The co-ordination of the system operation shall be conducted by system operators of the countries whose electric power systems are interconnected with the Kenyan system or Eastern-Africa Power Pool system operator. 20. Provision of system ancillary services (1) The provision of system ancillary services shall be in accordance with the Grid Code and the applicable regulations on system operations. (2) The system ancillary services providers shall comply with the directions and instructions of the system operator. (3) The system ancillary services tariffs shall be as approved by the Authority. (4) The ancillary service contracts shall be in the format set out in the Second Schedule. 21. General market provisions (1) Subject to section 145(4) of the Act, a consumer shall choose his retail supplier: Provided that two supply contracts shall not run concurrently for the same metering point. (2) A consumer with an existing supply contract with a retail licensee who intends to change to a new retailer shall notify the existing retailer in writing on when the existing contract shall terminate. (3) Licensees connected to the grid system, other than retail supply licensees shall provide ancillary services. 22. Transitional phase In the Transitional Phase, the participation in the electricity market by a licensee shall be voluntary: Provided that a licensee entering into a contract, bilateral, spot or forward in the Transitional Phase shall disclose to the system operator the price, quantity of electrical energy and power traded between parties. 23. Breach of Market rules (1) A system operator may impose sanctions to a market participant who breaches market rules and procedures. (2) The breaches and corresponding sanctions shall be in accordance with the Act and shall include suspension and revocation of a licence. 5

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya (3) The following shall constitute breach of market rules and procedures by market participants — (a) failure to deliver goods and services within the contracted timelines; (b) failure to pay for goods and services within the contracted timelines; (c) failure to declare volume and prices of transactions; or (d) breach of the Grid Code. Part III – BULK SUPPLY 24. Bulk supply (1) A generation licensee may supply electrical energy in bulk to another licensee for purposes of resale to consumers. (2) An eligible consumer may buy electrical energy in bulk from a generation licensee for own use subject to approval of a bulk supply contract by the Authority. (3) The load for the eligible consumer shall not be less than one megavolt-amperes in the distribution system or ten megavolt-amperes in the transmission system. 25. Application for bulk supply (1) A licensee or an eligible consumer shall apply to a bulk supplier in the format set out in the Third Schedule. (2) The generation licensee offering bulk supply of electrical energy shall respond within thirty days of receipt of the application notifying the applicant in writing of acceptance or rejection of the application. (3) Where the application is accepted, the parties shall initial a bulk supply agreement and submit to the Authority for approval. (4) The Authority shall communicate its decision within sixty days of receipt of the initialed bulk supply agreement. (5) Where the application is declined, the generation licensee offering bulk supply shall give the reasons for refusal to both the applicant and the Authority in the notice under subregulation (2). (6) A licensee or an eligible consumer aggrieved by the decision of the generation licensee under subregulation (5) may lodge a complaint with the Authority within fourteen days of receipt of the notice of refusal. (7) A person aggrieved by a decision of the Authority may appeal to the Energy and Petroleum Tribunal in accordance with the Act. 26. Bulk supply contract A bulk supply contract shall be in the format set out in the Fourth Schedule. 27. Multiple suppliers The licensee requiring bulk supply of electrical energy may enter into multiple bulk supply contracts with other generation licensees. 6

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya 28. Metering of electrical energy supplied The amount of electrical energy supplied to a licensee by a bulk supplier shall be metered in the manner specified in the bulk supply agreement pursuant to Part VI of the Act. 29. Bulk supply and network services tariffs The Authority shall approve bulk supply tariffs and network services tariffs in accordance with the Act and the applicable regulations on electricity tariffs. 30. Quality of supply The quality of supply of the electrical energy shall be in accordance with the Grid Code and the Act. 31. Obligations of the participants (1) The obligations of the generation, transmission, distribution, retail supply licensees and system operator in the bulk supply arrangements shall be as provided for in the Act. (2) The obligation of an eligible consumer who buys electrical energy in bulk shall include making of payments for the electrical energy consumed, transmission charges or distribution system charges. 32. Environment, Health and Safety A licensee shall comply with the applicable environment, health and safety laws. Part IV – OPEN ACCESS 33. Open access principles A network service provider shall provide non-discriminatory open access to its transmission or distribution system to a licensee or an eligible consumer. 34. Open access application to the network service provider (1) A licensee or an eligible consumer who intends to access a transmission or distribution system of a network service provider shall submit an open access application to the network service provider in the form set out in the Fifth Schedule. (2) The network service provider shall undertake technical assessment of the application within thirty days of receipt of the application and submit the technical assessment report to the system operator for no objection. (3) The network service provider shall make a decision on the application under subregulation (1) within forty-five days of receipt of the system operator’s no objection in subregulation (2). (4) Where the network service provider approves an application under this regulation, the network service provider shall forward to the applicant a draft wheeling agreement in the form set out in the Sixth Schedule. (5) Where the network service provider rejects the application under this regulation, the network service provider shall provide the applicant and the Authority with the reasons for such refusal. (6) The parties shall submit the initialed wheeling agreement to the Authority for approval. (7) The Authority shall communicate its decision on the initialed wheeling agreement within sixty days of receipt of the agreement. 7

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya (8) Where the initialed wheeling agreement is approved, the network service provider shall submit a copy of the approved wheeling agreement to the system operator. (9) A party aggrieved under this regulation may appeal to the Energy and Petroleum Tribunal. 35. Eligibility to seek open access (1) The conditions for access to a network by a wheeler shall be as stipulated by the network service provider and approved by the Authority in line with the Grid Code. (2) The network service provider shall grant open access to the wheeler: Provided that the load shall not be less than one megavolt-ampere in the distribution system or ten megavolt-amperes in the transmission system. (3) An eligible consumer shall be granted open access subject to the condition that the eligible consumer shall agree to rostering restrictions including power cut imposed by the licensee for the purposes of maintenance of the feeders and the lines. (4) Each licensee or eligible consumer shall pay applicable open access charges and fees for grant of open access to a network in accordance with the applicable regulations on fees and charges. 36. Categories of open access contracts The open access contracts may be categorised as follow— (a) long term open access contract which shall be for a period of five years or more; (b) medium term open access contract which shall be for a period between one and five years; (c) short term open access contract which shall be for a period of upto one year; or (d) a day ahead or contingency. 37. Network services provision (1) Each transmission licensee and distribution licensee shall undertake its responsibilities as provided for under these Regulations and the Act. (2) Each transmission licensee and distribution licensee shall undertake its responsibilities as provided for under these Regulations and the Act. (3) The network service provider shall charge licensees and eligible consumers wheeling charges or use of system charges or both in accordance with the applicable regulations on fees and charges. 38. Energy Accounting The network service provider shall undertake billing and energy accounting in accordance with the wheeling agreement. 39. Imbalance charges The imbalance charges shall be as pre-determined in the contractual agreement. 40. Energy losses (1) The parties to the bulk supply agreement shall be responsible for recovering the allowable system losses specified by the Authority. (2) The network service provider shall be responsible for the losses above the allowable system losses. 8

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya 41. Compliance with the Grid Code The licensee and eligible consumer shall comply with the provisions of the Grid Code. 42. Congestion Management Pursuant to section 138(2) of the Act— (a) in the event of congestion in the network, the system operator shall determine the priority of dispatch of the electrical energy. (b) the system operator may curtail power on any network by cancelling or rescheduling any dispatch of electrical energy, if in its opinion cancellation or curtailment will relieve the congestion. Part V – MISCELLANEOUS 43. Complaints and disputes to be referred to the Authority Any complaints or disputes between parties under these Regulations shall be referred to the Authority for resolution in accordance with the applicable regulations on complaints and disputes resolution. 44. Appeals A person aggrieved by a decision of the Authority may appeal to the Energy and Petroleum Tribunal. 45. Offences and penalties (1) A person who wilfully gives false or misleading information in relation to any application under these Regulations commits an offence and shall on conviction be liable to the penalties prescribed under section 210 of the Act. (2) A person who commits an offence under these Regulations where no specific penalty is prescribed, shall on conviction be liable to the penalties prescribed under section 221 of the Act. 9

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya FIRST SCHEDULE (r.9) KENYA ELECTRICITY MARKET STRUCTURE AND DESIGN A. The Kenya Electricity Market Structure and Design B. Explanatory Notes for the Kenya Electricity Market Structure and Design

1. There is established a Kenyan Electricity Market structure and design (“the Electricity Market”) in accordance with section 131 of the Energy Act (Cap. 314) (“the Act”).
2. The Electricity Market shall have two segments; the wholesale market and retail market. The Electricity Market segments shall be for both capacity and energy.
3. The Electricity Market participants shall comprise of; System Operator, Power Generating Companies, Transmission Network Service Providers (TNSP), Distribution Network Service Provider (DNSP), Retailers, Consumers and Eligible Consumers.
4. The System Operator shall coordinate the Transmission Network Service Providers and Distribution Network Service Providers to ensure optimal scheduling and dispatch of electrical energy, and shall, in the transitional phase, also coordinate operations of the Electricity Market.
5. The Power Generating companies shall make available capacity and energy through the Wholesale Electricity Market, or through Bilateral agreements with Eligible Consumers. 10

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya 6. Transmission Network Service Provider (TNSP) and Distribution Network Service Providers (DNSP) shall be the owners of their specific transmission and distribution network, and shall operate the network in coordination with the System Operator. 7. Retailers shall purchase capacity and energy in bulk from the Electricity Market for re-sale to Consumers and Eligible Consumers. 8. Eligible Consumers shall be as defined in the Act and shall access capacity and energy through bilateral agreements with Power Generators, Retailer(s), and the wholesale market. 9. Consumers shall have access to electrical energy through Retailers. 10. The Electricity Market participants shall transact through; Bilateral contracts, Spot Contracts or Forward contracts. SECOND SCHEDULE (r. 20(4)) FORMAT OF ANCILLARY SERVICES AGREEMENT

1. Duration.
2. Tariffs.
3. Capacity.
4. The type of ancillary services.
5. Obligation of the parties.
6. Personnel.
7. Access to the infrastructure.
8. Invoicing and payment.
9. Metering.
10. Compliance with the directions of the Authority and system operator.
11. Grid Code.
12. Operating standards.
13. Third party rights.
14. Termination.
15. Force majeure.
16. Governing law.
17. Dispute resolution. THIRD SCHEDULE (r. 25(1)) BULK SUPPLY APPLICATION FORMAT
18. SUPPLY INFORMATION 11

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya Expected Effective Date Duration of supply Physical Address of the Supply Account Number Meter Number

1. APPLICANT’S INFORMATION Name of Applicant P.O. Box Phone Number Email Address Business Type Use of Supply Re-sell or own use Re-sell Name of customer(s) Physical address of customer(s) Phone of customer(s) Authorized Name: representative of Phone Number the applicant
2. TECHNICAL INFORMATION Type of supply New meter installation or Change of load application Total load required 12

| Duration of supply | |

|---|---|

| Physical Address of the Supply | |

| Account Number | |

| Meter Number | |

| 1. APPLICANT’S INFORMATION | |

| Name of Applicant | |

| P.O. Box | |

| Phone Number | |

| Email Address | |

| Business Type | |

| Use of Supply | Re-sell or own use |

| Re-sell | Name of customer(s) Physical address of customer(s) Phone of customer(s) |

| Authorized representative of the applicant | Name: Phone Number |

| 2. TECHNICAL INFORMATION | |

| Type of supply application | New meter installation or Change of load |

| Total load required | |

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya DECLARATION The applicant hereby declares as follows:

1. By applying for the bulk supply or by obtaining or using electricity from the licensee, I/We agree to be bound by the provisions of the Act and the regulations thereof and the Grid Code and the terms and conditions of the licensee.
2. This is to confirm that the undersigned is the applicant (or the applicant’s authorized representative) and that the details provided in this form are true and accurate and that the applicant shall not hold the licensee responsible for any fraudulent act on the applicant’s part.
3. I hereby agree to keep the licensee indemnified at all times and undertakes to indemnify, defend and save the licensee harmless from any and all damages, losses, claims and actions relating to injury to or death of any person or damage to property, demands, suits, recovering costs and expenses, court costs, attorney fees, and all obligations by or to third parties, arising out of or resulting from the transactions under his approval.
4. I shall execute the bulk supply agreement within fourteen days of receipt failing which the licensee has right to cancel the approval without any further notice. Signature of the Applicant:… Name:… Designation:… Place:… Date:… Encl: Copy of necessary documents. COPY TO: System Operator For Official use Date & Time of Receipt of Application (To be filled by the licensee) FOURTH SCHEDULE (r. 26) FORMAT OF BULK SUPPLY AGREEMENT
5. Duration.
6. Tariffs.
7. Maximum capacity.
8. Obligation of the parties.
9. Source of supply.
10. Area of supply.
11. Connection point. 13

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya 8. Metering. 9. Connection and use of system conditions. 10. Compliance with the directions of the Authority and system operator. 11. Grid Code. 12. Power procurement procedures. 13. Operating standards. 14. Rights of third parties. 15. Performance security. 16. Termination. 17. Insurance. 18. Liability. 19. Force majeure. 20. Governing law. 21. Dispute resolution. FIFTH SCHEDULE (r. 34(1)) APPLICATION FORM FOR GRANT OF OPEN ACCESS (To be submitted by Open Access Applicant) Application No… Dated:…

1. Name of the Applicant: Postal Address & Physical Address Phone Numbers E-Mail PIN Licence Number (in the case of a licensee) Certificate of Registration
2. Address of the Licensee: Postal Address & Physical Address Phone Numbers E-Mail Licence number (in the case of a licensee) Certificate of Registration
3. Applicant Type & Power Supply Agreement Details: (Licensee/Eligible consumer) 14

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya Name of Licensee/ Reference No. Date Valid up to Contracted Eligible consumer capacity (MVA) 4. Applicant’s contact person details: Name: Designation: Phone Numbers: Office Residential Mobile E-mail 5. Type of Open Access: Long Term. Medium Term. Short Term. Day Ahead. Contingency. 6. Details of power transfer requirement (i) Quantum of power to be transmitted (MW) (ii) Peak load to be transferred (MW) (iii) Average load to be transferred (MW) 7. Expected date of commencement of open access:………………. 8. Open access period required: Period Time Capacity (MVA) From Date To Date From Hours To Hours 15

| Name of Licensee/ Eligible consumer | Reference No. | Date | Valid up to | Contracted capacity (MVA) |

|---|---|---|---|---|

| Name: | | |

|---|---|---|

| Designation: | | |

| Phone Numbers: | Office | Residential |

| | Mobile | |

| | E-mail | |

| Period | | Time | | Capacity (MVA) |

|---|---|---|---|---|

| From Date | To Date | From Hours | To Hours | |

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya 9. Details at entry point: Name of Licensee Type and generating capacity (MVA) Voltage level Point of injection (Name of sub-station distribution Licensee/ transmission Licensee) Name of location Metering arrangementMeter details a. Class of accuracy b. TD interval c. Maximum demand d. Power factor e. Import / export units f. Parameters: 10. Details at exit point (Licensee/Eligible consumer details): Name of user Point of exit Voltage level Source of feeding for exit point (Name of sub-station distribution Licensee/transmission Licensee) Name of location Metering arrangementMeter details 16

| Name of Licensee | | |

|---|---|---|

| Type and generating capacity (MVA) | | |

| Voltage level | | |

| Point of injection (Name of sub-station distribution Licensee/ transmission Licensee) | | |

| Name of location | | |

| Metering arrangementMeter details | | |

| a. | Class of accuracy | |

| b. | TD interval | |

| c. | Maximum demand | |

| d. | Power factor | |

| e. | Import / export units | |

| f. | Parameters: | |

| Name of user | |

|---|---|

| Point of exit | |

| Voltage level | |

| Source of feeding for exit point (Name of sub-station distribution Licensee/transmission Licensee) | |

| Name of location | |

| Metering arrangementMeter details | |

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya a. Class of accuracy b. TD interval c. Maximum demand d. Power factor e. Import / export units f. Parameters: i. (to obtain detail from large power experts) 11. Is the consumer at the exit point an existing consumer of distribution Licensee: (Yes or No) …………. (If Yes provide the consumer number and Contracted Maximum Demand (CMD), Category, state whether the open access is for partial load or for full load) 12. Details of supply contracts (i) For power to be injected (ii) For power to be drawn (iii) For balancing and mismatch power requirement (iv) For transmission open access if involved (v) Agreement with traders (if any) in the above transaction 13. In case of generating Licensee i. Name of Licensee ii. Generation capacity iii. Location of the generation plant iv. No. of units & capacity of each unit v. Type of fuel vi. Base load station or peaking load station vii. If peaking load, then what is the estimated hours of running viii. If it is a hydro plant, then whether is a run of the river/reservoir/ multi-purpose/pump storage ix. Maximum units generation in an year in case of hydro plant x. Specify the step-up generation Voltage 132kV or 220 kV or any other voltage 14. Details of application fee (non-refundable): 17

| b. | TD interval | |

|---|---|---|

| c. | Maximum demand | |

| d. | Power factor | |

| e. | Import / export units | |

| f. | Parameters: | |

| i. | (to obtain detail from large power experts) | |

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya i. Name of the bank ii. Draft no. & date iii. Amount (Ksh.) iv. Payable at bank 15. Any other information: … … … … DECLARATION The applicant hereby declares as follows:

1. I shall abide by the provisions of the Act and the regulations thereof and the grid code.
2. The information provided herein in this application are correct and accurate.
3. I have entered into commercial agreement for the proposed transaction. I shall make the payment of the open access charges.
4. I hereby agree to keep the network service provider indemnified at all times and undertakes to indemnify, defend and save the network service provider harmless from any and all damages, losses, claims and actions relating to injury, to or death of any person or damage to property, demands, suits, recovering costs and expenses, court costs, attorney fees, and all obligations by or to third parties, arising out of or resulting from the transactions under his approval.
5. I shall execute the open access agreement after receiving the approval from the network service provider within fourteen days failing which the network service provider has right to cancel the approval without any further notice. Signature of the Applicant:… Name:… Designation:… Place:… Date:… Encl: Copy of agreement and necessary documents. COPY TO: System Operator For Official use Date & Time of Receipt of Application (To be filled by the Licensee) 18

| i. | Name of the bank | |

|---|---|---|

| ii. | Draft no. & date | |

| iii. | Amount (Ksh.) | |

| iv. | Payable at bank | |

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The Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice 79 of 2026) Kenya SIXTH SCHEDULE (r. 34(4)) FORMAT OF WHEELING SERVICES AGREEMENT

1. Duration
2. Tariffs (wheeling or use of system charges)
3. Authorization
4. Maximum Capacity
5. Obligation of the parties
6. Source of Supply
7. Area of supply
8. Connection point
9. Metering and energy accounting
10. Connection and use of system conditions
11. Compliance with the directions of the Authority and system operator
12. Grid Code
13. Operating standards
14. Rights of third parties
15. Termination
16. Insurance
17. Liability
18. Force majeure
19. Governing law
20. Dispute Resolution 19