Kenya: Parliament annuls solar water heating systems penalty

Kenyan Parliament has annulled the $9 970 fine or one-year jail term for property developers and homeowners failing to install solar water heating systems in their buildings.

When introduced, home owners and property developers were given until May 25, 2017 to comply with the new regulations. Members of parliament have since argued that the penalties, introduced as part of the Energy Regulatory Commission to vet buildings for compliance with the solar heating rules, would increase costs for landlords and tenants and thus undermine efforts to work towards increasing access to affordable housing.

According to reports by Business Daily, the National Assembly’s Committee on Delegated Legislation threw out the Energy Regulatory Commissions’ rules on grounds that the fine contravenes the section of the Statutory Instruments Act that limits fines payable under the Act to a maximum of Sh20,00 ($199) or a prison tern not exceeding six months in default.

In a report tabled at Parliament, Gladys Shollei who chairs the National Assembly said: “The committee recommends that pursuant of Standing Order 210 (4) (b) and Section 15 (1) of the SI Act, the Energy (Solar Water Heating) Regulations 2012 be annulled in entirety for the aforementioned reasons.”