Electric Power Act Cap 314

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LAWS OF KENYA

\Electric Power Act

Revised Edition 1986 (1972)

Printed and Published by the Government PrinterNairobi

CHAPTER 314



2AP. 314lectric PowerRev . 1986

CHAPTER 31 4

THE ELECTRIC POWER ACT

A R R A N G E M E N T O F SE C T IO N S

Section

1— Short t i t le.2—Interpretation.3—Application of Act.4—Restrictions on supply and use of electricity.

5— Mode o f application for l icence and object ion.6— Applicat ion of pub l ic or local authori ty to have p recedence.7— Licence for area within l imits of econom ical transmission from

existing works.8—Licensee may obtain other licences.9— When l icence may be t ransferred.

10—Bulk supply licence.11— Provision as to agreement to take supply for certa in per iod and

as to min imum payment .12— Further use of works ins talled subject to agreem ent for supply

to particular authorized distributor.13—Guarantee.14— Power of M inister to provide e lectr ic l ines or funds therefor .15— Bulk supply licensee responsible for electric lines.16—Bulk supply l icensee may require agreement to take supply of

certain minimum for two years .17— Penal t ies payable by bulk supply l icensee to authorized dis t ri -

butor for fa i lure of supply.18—Distributing licence for local area.19— Purchase of w orks of authorized dis t ributor by local authori ty .20— Power to vary terms of sale contained in section 19.2I—D istributing mains to be la id down.22— Laying of electric lines under special agreemen t.23— If l icensee fai ls to lay down m ains, etc. , licence may be revoked.24— Manner in which requis it ion to be made.25— Requisit ion by owners or occupiers .26— Requisi tion by p ublic or local authority .27—Authorized distributor to furnish sufficient supply to owners

and occupiers within area of supply.28— Whe n electrical energy shall not be supplied.29—Maximum power to consumers.

30— Notice to be given to l icensee before removing.31— Supply of energy to public lamps.32— Price for supply to public lamps.33— Penalty for fai lure to supply.34—Local generating licence.35—Application for local generating licence for area within or

adjacent to bulk supply area.36— Minister may alter areas or vary l icences where equitable to a l l

parties.37— Consolidation of licences held by same licensee.

38— Obligation to purchase works on po rt ion of area t ransferred.



Rev. 1986]lectric PowerAP. 314 Section

39—Licensees may co-operate for purposes of their licences.40— Licensee not to purchase other undertakings.41— Area of supply and regulation of supply beyond area.42— Security for execution of works.43— Separate accounts for each undertaking.44—Form of accounts .45— Audit of accounts .46— Appl ica t ion o f m oney rece ived by p ub l ic o r loca l au thor ity as

licensee.

47— Appl ica t ion o f m oney rece ived by l i censee no t be ing a pub l i cor local authority.

48— Purchase and use of land by local authority.49—Authority for compulsory acquisition of land for generating

station.50— Public not ice before construct ion of generat ing s tat ion.51—All works to comply with standards of British Standards

Institution.

52— Minister m ay authorize instal lations on roads, rai lways, etc .53— Minis ter m ay authorize telephone or s ignal l ing l ines for opera-

t ion of supply system.

54— Powers for execution of works.55—Power to construct works in streets, etc.56— Street boxes.57— Overhead works. Notices to be given by l icensee.58— Notice of works to be served on pub lic or local authority.59—Execut ion by licensee of works affecting public or local

authority.

60—Street authority, etc., may give notice of desire to break upstreets, etc., on beh alf of licensee.

61— Alteration of pipes, wires, etc., in streets.

62— Laying of elect r ic supply l ines or works nea r sewers , pipes orother electric lines.

63— Protect ion of l i fe, property and conveniences.64— Power to lop trees and hedges.65— Protect ion of telegraphs and telegraph l ines.66— Restric tions on placing of electric l ines and works.67— Fencing, light ing and reinstatement of works.68—Licensee responsible for damage.69— Liability of licensee, etc., for nuisance.70— Methods of charge.

7I—Maximum pr ices .72— Revision of maximum p rices or methods of charge.73—Publication of scale of prices.74— Other charges by agreement.75— Conditions which may affect prices.76— No undue preference as to charge.77— Supply may be cut off on fai lure to pay charges.78—Power to refuse to supply electrical energy in certain cases.79—Appointment of electrical inspectors.80— Duties of electrical inspectors.81— Notice of accidents and inquiries by Minis ter.

82— Testing of electric lines.



4AP. 314lectric PowerRev. 1986

Section

83— Testing of works and supply on consumer's premises.

84— Authorized distributor to establish testing stations.85— Licensee to keep instruments on his premises.86— Reading of instruments .87— Electrical inspector may test licensee's instruments.88— Representation of licensee at testing.89— Licensee to give facilities for testing.90— Report of resul t of tes ting.91— Expenses of electrical inspector.92— Meter to be used except by agreement.93— Certification of meters.94—Inspector to certify meters.

95—Licensee to supply meters.96— Use of two or three meters .97— Meters not to be connected or disconnected without consent or

notice.

98— Meters not to be adjusted without not ice.99— Consumer to keep meter in proper order.

100—Licensee to keep meters in repair.101— Disputes as to accuracy of meter to be set t led by inspector.IO2—Licensee to pay expenses of providing new meters where

method o f charge al tered.

103—Licensee may install meters to measure supply or checkmeasurement.

104— Modification of certa in provisions of Act by agreement.105— Licensee to keep m eter-test ing apparatus and records of tests.106— Power to enter prem ises for ascertaining quanti t ies of e lectric ity

consumed or to remove fittings, etc.

107— Works not to be subject to dis tress .108—Electric lines and works let on hire to remain property of

licensee.

109—Unauthorized connexion or disconnexion, and fraudulent orimproper use of electrical energy.

110—Wilful extinguishing of public lamps, waste of energy andaccidental dam age.

111—Wilful injury to works, tampering with meter and fraudulentuse of energy.

112— Licensee may cease supply if used detrimentally to system.113—Standardization.

114— Map of area of supply to be made.115— Notices may be printed or wri t ten.116— Service of notices.117— Revocation of licence where licensee insolvent.118— Revocat ion of l icence where undertaking cannot be carried on

with profit.

119—Revocation where public or local authority is licensee andworks not executed.

120—Revocation of licence with consent.121— If l icensee discontinues supply, Minister may operate sam e.



Rev. 19861

lectric Pow erAP. 314 Section

122— Rev ocat ion not to absolve l icensee from l iabi l ity for damagesand penalties.

123—Provisions where licence revoked.124—Where public or local authority is licensee and licence is

revoked.125—Defective works or contravention of rules.

126— Nature and amoun t of securi ty .I27—D elegat ion of powers to Power Board.

128— Approval of Minis ter.129—Notice of application for extension of time, revocation of

licence or alteration of area.130—Notice of application for licence.131—Draft l icence.

132— Articles and part iculars to be deposi ted with the appl icat ion.133— Procedure on considerat ion of and grant ing l icence.

134— Procedure when land to be acquired compulsori ly .

135—Procedure on application for licence to construct generatingstation.

136— Form of applicat ion and fees.

137— Grant or revocat ion of l icence to be advert ised.138— Price of works may be determined by arbi trat ion.

139—Arbitration.

140—Mortgaging undertaking.

141— Licensee not to engage in other business .142— Recovery of penal ties .

143—Saving of general Acts.144— Saving concerning shores and land under water.

145—Rules.146— Procedure for making rules.147— Inquiries on proposed rules.148— Licensee to keep certified copy of rules.149—Power of licensee to make by-laws.150— Appointment of Power Board.151— Appointment of Licensing Officer or Licensing Board.

152— General penal ty.

153— Yearly report respect ing Act.

154— Licensee to furnish statistics.155—Certain licences deemed to have been granted to the East

African Power and Lighting Com pany Limited.

S C H E D U L E S .




CHAPTER 314

THE ELECTRI C POWER ACT

Commencement: 30th March, 1920

An Act of Parliamen t to facil itate and regu late the generation,transmission, transformation, distribution, supply and use

of electric energy for l ighting and o ther purp oses, and forpurposes connected therewith

1 . This Act may be cited as the E lectric Power Act.

2 . In this Act, unless the con text otherwise requires—

"Act" inc ludes any subsidiary legis la tion m ade there-under;

"apparatus" means electrical apparatus, and includes allma chines, apparatus and fittings in which con ductors are usedor of which they form part;

"area of supply" means the area within which the licenseeis for the t ime being au thorized to supply electr ical energyunder the licence;

"authorized distributor" means a public or local

author ity , company, person or b ody o f persons l icensed bya distributing licence to distribute or supply electrical energyfor any purpose;

"Bri t ish Standard s Inst itut ion" mean s the B ri tish Stan-dards Institution of the United K ingdom ;

"bulk supply" m eans the supply o f electr ical energy inbulk by a bulk supply licensee to another bulk supply licenseeor any authorized distributor;

"bulk supply area" means the area within which the bulksupply licensee is for the time being a uthorized to give a bu lksupply under a bulk supply licence;

"bulk supply licence" means a licence granted to a publicor local author ity , company , person or body of persons , inthis Act referred to as a bulk sup ply licensee, to generate andsupply electrical energy to other bulk supply licensees or

authorized distributors within the area defined therein;

Cap. 174 (1948),32 of 1950,65 of 1950,27 of 1952 ,39 of 1956,15 of 1961 ,L.N. 36/1961,L.N. 256/1963,

L.N. 649 / 1963,1 9 o f 1 9 6 4 ,L.N. 365/1964,L.N. 374/1964,

5 of 1965,21 of 1966,II of 1970.

Short title.

Interpretation.27 of 1952 ,ss. 2 and 13,15 of 1961, Sch.,L.N. 256/1963,L.N. 649/1963,5 of 1965, s. 2.



Rev. 19861lectric PowerAP. 314 "circuit" m eans an electrical circuit form ing a system or

branch of a system;"compan y" mean s a compan y regis tered in the Un i ted

Kingdom or a company w ithin the meaning of the Companies Cap. 486

Act:"compulsory acquisition" of any land by a licensee means

acquisition of that land, whether perm anently or temp orarily,through the agency of the Gov ernm ent or any other publ icbod y exercising statutory pow ers of acquisi tion or set t ingapart;

"comp ulsory area" means the area of supply defined in alicence as being an area within which the sup ply of electricalenergy is compulsory;

"conductor" means an e lectrical conductor connected orarranged to be electrically connec ted to a system;

"consumer" means any pu bl ic or local author ity , com-pany, person or bo dy of person s supplied or enti t led to besupplied with electrical energy by a licensee;

"dai ly penal ty" means a pen al ty for each day o n whichany offence is con tinued after conviction therefor;

"danger" means danger to the health, life, person orproperty of anyone from shock, from fire or otherwise arisingfrom the generation, transforma tion, conversion, transm ission,distribution, supply or u se of electrical energy;

"deposi ted m ap" means the m ap of the a rea of supplydepos ited with the Minister by the licensee togeth er with the

licence and signed b y the Minister;"distr ibut ing area " mean s the area of supp ly specifiedin a distributing licence;

"distributing licence" mean s a licence granted to a pub licor local author ity , company , person or body of persons ( inthis Act referred to as an authorized distributor) to distributeor supply e lec tr ical energy for the purposes an d w i thin thearea defined therein; such licence shall also entitle theauthorized distr ibutor to receive a bulk supply from a bulksupply licensee;

"distributing m ain" mea ns that port ion of any electricsupply l ine which is used or i s in tended to be used to g iveorigin to service lines for the purpose of the general supply;

"earthed" means connected to the general m ass of ear thin such a m anner as to ensure at al l t imes an imm ediate andsafe discharge to earth of electrical energy;

"electric line" means an electric supply line and includesa telegraph line;




"electric supply line" means an y wire, conductor or otherm eans used or intended to be used for the purpose of con-

veying , transm itting, distributing, serving or using electricalenergy, together with any casing, coating, covering, tube, pipe,insulator or support enclosing, surrounding or supportingthe same or any part thereof, or any apparatus (includingapparatus for switching, controlling, transforming, conv ertingor otherwise reg ulating electric energy) ancillary thereto, forthe purpose of conveying, transmitting, distributing, servingor using electrical energy, but does not include any telegraphor telegraph line;

"elec t rical energy" means energy invo lving the use o felectricity, electric current or any like agency, which m ay beproduced either by m echanical or chemical means;

"factory" means any prem ises or site in which, or withinthe close or curtilage of which, any person wo rks for hire ori s employed wh ether for wages or not in connexion w ith orincidental to the purposes of any trade or process, and inwhich electrical energy is used, and includes workshop;

"general supply" means the general supply of electricalenergy to ordinary consumers or for public lamps;

"generating stat ion" means an y stat ion for generatingelectricity, including any buildings and plant used for thepurpose, and the si te thereof and a si te intended to be usedfor a generating station, but does no t include an y station fortransforming, conv erting or distributing electrical energy;

"licence" means any docum ent or inst rum ent in wri t inggranted under this Act authorizing a public or localauthori ty, company , person or body o f persons to undertakethe gen eration, supply or distribution of electrical energy inthe mann er descr ibed in such docum ent or inst rum ent ;

"licensee" me ans the public or local authority, company ,person or body of persons to who m a licence is granted;

"local generat ing l icence" m eans a l icence autho rizingan authorized d istributor, in this Act for the purpose s of that

licence referred to as a local generating licensee , to generateelectrical energy for the purpose s of the distributing licenceof such authorized distributor;

"meter" mean s any and ev ery kind of machine, deviceor instrument used for the measurement of the supply ofelectrical energy, and includes such au xi l iary appl iances asresistors, shun ts, reactances, current t ransform ers, vol tagetransformers and tim e switches, external and necessary to the

meter;



Rev. 19861lectric PowerAP. 314 "mine" has the meaning assigned to it in the Mining Cap. 306.

Act, and includes quarry;

"ordinary consumer" mean s any consum er other than aconsumer under special agreement;

"overhead system" m eans an electr ical system in w hichthe electric supply lines, condu ctors or other apparatus usedor which may be used for conveying, transmitting, transform-ing, distributing or su pplying electrical energy are placedabove g round and in the open air , and includes any port ions

of a system so placed above ground and in the open air,except ing within premises in the sole occupat ion or controlof the l icensee, and excepting so m uch of any service l ine asis necessarily so placed for the purpose of supply, and includesan aerial line as defined in the Electric Supply Lines

Act;

"plan" means a plan drawn to a horizontal scale ofat least one o ne-thousan dth of full size and w here possible a

sec t ion d rawn to the sam e hor izontal scale as the plan a ndto a vert ical scale of at least one on e-hundred th of ful l s izeor to such other scales as the Minister may direct for bothplan and section, together with such detail plans and sectionsas may be required;

"power" me ans e lec t r ical power o r the ra te per un i t oftime at which electrical energy is supp lied;

"pressure" mean s the effect ive difference of electr icalpotential between any two conductors, or between aconductor and the ear th, and is said to be—

(a)"low" when i t does not exceed 250 vo lts under norm alconditions, subject however to the percentagevariation allowed by any rules made under this

Act;

(b)"medium" when it exceeds 250 volts but does notexceed 650 vol ts under norm al condi t ions, subjecthowever to the percentage variation allowed by anyrules made u nder this Act;

(c) "high" when i t normal ly exceeds 6 50 vol t s but doesnot exceed 3,000 volts;

(d)"ext ra high" when i t normal ly exceeds 3 ,000 vo l ts ;

"public authority" means the Government or theCom mun ity or any department or branch of the Governm ent

or of the Comm unity;

Cap. 315




"public lamp" means any electric lamp used for thelighting of any street which is under the control of a public orlocal authority;

"railway" means any railway maintained as a publicservice for the transport of passengers or goods;

"service line" means any portion of any electric supply

line through which electrical energy is or is intended to besupplied by a licensee—

(a) to a consumer either from a distributing main or

immediately from the premises of the licensee; or

(b ) from a distributing main to a group of consumers onthe same premises or on adjoining premises supplied

from the same point of the distributing main,

up to the point where such electric supply line reaches thesupply terminals;

"special agreement" means any agreement for supply of

electrical energy made between a licensee and a consumer

which, by reason of any peculiarity in supply or demand,

contains some special term or condition as to the nature orpower factor of the load, time of supply, price, quantity to be

consumed, period or otherwise, which term or condition is not

reasonably applicable and acceptable to every consumer ofany general class of supply;

"street" includes any way, road, lane, square, court,alley, passage or open space, whether a thoroughfare or not,

over which the public have a right of way, and also the

roadway and footway over any public bridge or causeway;

"substation" means any premises or enclosure or part

thereof, being large enough to admit the entrance of a person

after the apparatus therein is in position, containing apparatus

for transforming or converting electrical energy to or from

a pressure above medium pressure (other than transforming

or converting solely for the operation of switchgear orinstruments) with or without any other apparatus for

switching, controlling or otherwise regulating the electricalenergy, and includes the apparatus therein;

"supply terminals" means the ends of the electric supply

lines upon any consumer's premises at which the supply of

electrical energy is delivered from the service lines of thelicensee, and is situated—

( a ) in any case where the supply of electrical energy is

measured by a meter, at the point at which theconductor from the service line enters the meter, or,



Rev. 19861

lectric PowerAP. 3141in respect of a conductor from the serv ice l ine whichdoes not pass through the meter, the point on such

conductor nearest to the meter;

(b ) in any other case, at the point at which the conductor

from the service line enters the consumer's mainswitch, or, if there is more than one main switch,

that main switch on the consumer's premises which

is nearest to the source of supply;

(c) in any case in which the supply of electrical energyis made to a street lamp, at the point of attachment

to the distributing main of the electric supply lineserv ing such lamp;

"switch station" means any premises or enclosure or

part thereof, being large enough to admit the entrance of aperson after the apparatus therein is in position, containing

apparatus for switching, controlling or otherwise regulating

electrical energy at a pressure above medium pressure, but

not for transforming or converting electrical energy (other

than transforming or converting solely for the operation ofswitchgear or ins truments) , and includes the appara tus there in ;

"system" means an electrical system in which all the

conductors and apparatus are electrically connected to a

common source of electrical energy;

"telegraph" means any system or means of conveying

telegraph, telephone or other signs, signals, sounds orcommunications by the agency of electricity, magnetism,

electro magnetism or by any agency of a like nature, with or

without the aid of wires, including the systems commonly

known as wireless or radio telegraphy and wireless or radio

telephony or etheric signalling, and any improvements or

developments of those systems, and also includes anyapparatus used in conveying any such signs, signals, sounds

or communicat ions;

"telegraph line" means the conductors and theirsupporting or containing structures which are or may be

used in connexion with or for the purpose of any public orprivate te legraph;

"tramway" means any tramway maintained as a public

service for the transport of passengers or goods;

"undertaking" means any business of generation, supply

or distribution of electrical energy undertaken pursuant to a

licence, and includes all the assets and liabilities from time

to time constituting or belonging or appertaining to such

bus iness ;



1 2AP. 314lectric PowerRev. 19$6

Application ofAct.

Restrictions onsupply and use

of electricity.27 of 1952, Sch.,L.N. 36/1961,5 of 1965, s. 3.Cap. 315.

"use of electrical energy" means the conversion ofelectrical energy into chemical energy, m echanical energy,

heat or light, or the use or application of electrical energy toor for any of the purposes for which i t may be or becom e orbe found to be adapted;

"works" mean s electric supply l ines, machinery, lands,buildings, structures, earth works and water works, andincludes an y apparatus or things of whatsoever descr iption,required for the generation, transmission, transformation,distribution, supply or use of electrical energy.

3. The provisions of this Act shall apply, as hereinafterspecified, to every pub lic or local authority, comp any, personor body of persons generating, transmitting, distributing,supplying, or using electrical energy, and to all works orapparatus for any o r all of these purpose s.

4. (1) No public or local authority, company, person

or body of persons not being a bulk supply l icensee or localgenerating licensee under this Act shall generate, or, notbeing a bulk supply licensee or an authorized distributor,shal l , subject to the provisions of the Electr ic Supply LinesAct, transmit, a supply of electrical energy or construct,maintain or operate works for such gen eration or transmissionof electrical energy :

Prov ided that a licensee sup plying electrical energy to a

consumer may, in the sole discretion of the licensee andsubject to this Act and to the Electric Supply Act, consen t tothe supply by that consum er, to any person or persons, of a l lor any part of that electrical energy received by that consum erfrom the l icensee; and such consent shall be given in writ ingand m ay st ipulate such condi t ions as the l icensee m ay thinkf i t .

(2) N otwithstanding the provis ions of subsect ion (1)-

(a ) the Minister may authorize any public or localauthor i ty , comp any, person or body o f persons inany place not within the area of supply of anyauthorized dis t ributor and who se pr imary businessor occupa tion is not the supply o f electrical energyto supply such energy for sale or any other con-sideration to one or m ore particular public or localauthorities, com panies, persons or bodies of persons

not within any such area of supply;



Rev. 19861lectric PowerAP. 3143(b ) the Minister may authorize any public or local

authority, company, person or body of persons,whethe r within any such area of supp ly or not, togenerate or, subject to the provisions of the E lectricSupply Lines Act, to transmit a supply of electricalenergy for its or his own use, and to erect,maintain and o perate the works necessary therefor;but no such authorization shall be given to anypublic or local authority within any such area ofsupply for any purpose other than stand-by plantor special technical apparatus required for the

m aintenance of essential comm unications or militaryservices, without the consent in writing of theauthorized distr ibutor fi rst had and obtained; but ,i f in the opin ion of the M inis te r any such consentis unreasonably withheld, the Minister, notwith-standing the provisions of this paragraph, mayproceed as i f such consent had been given:

Provided that where-

(i) the ra ted capaci ty of the generat ing plant doesnot exceed 25 kilowatts in the case of a publicor local authority and 100 k ilowatts in the caseof a compan y, person or body of persons andthe pressure in any part of the system connectedthereto does not exceed m edium pressure; and

(ii)no part of such system is outside the close orcurtilage of the premises in which the electricalenergy is generated,

no licence or authorization shall be necessary.

(3) N o public or local authority within the area of supplyof an authorized distributor m ay, after having be en offered asupply of electrical energy by such a uthorized distributor, useany form o f energy for power or lighting purposes (exce ptingportable power and po rtable lighting purposes ) other than

electrical energy without the approv al of the Minister, whichapproval shall not be refused in a ny case in w hich the Ministeris satisfied that the pub lic or local authority concerned will beunduly prejudiced by such refusal :

Provided that nothing in this subsection sh all prevent theuse of s team or internal combu st ion eng ines for locom otivepurposes, or the gen eration of electrical energy for the lightingof such vehicles.



1 4AP. 314lectric PowerRev. 1986

(4) No public or local authority, company or personwhich is not l icensed as a bulk sup ply l icensee or authorizeddistributor shall receive a supply of electrical energy from a

bulk supply l icensee, nor shall a bulk su pply l icensee supplyelectrical energy except to another bu lk supply licensee or toan authorized distributor.

Mode ofapplication forlicence andobjection.L.N. 36/1961.

Application ofpublic or localauthority tohave precedence ,

L.N. 36/1961.

Licence for areawithin limits ofeconomicaltransmissionfrom existingworks.L.N. 36/1961.

Licensee mayobtain otherlicences.

When licencemay betransferred.L.N. 36/1961.

5. Eve ry application for a licence or for any autho rity,consent or approval under this Act, and every objectionto the grant of any such licence, authority, consent or approvalor any representat ion to b e m ade w ith respect to any m at terunder this Act, shall be made in the manner hereafter

prescribed in that behalf.

6 . Where two or more applicants make applications forl icences und er this Act for the supply o f electrical energyfor the same area and one of such applicants is a publicor local authority having jurisdiction for other purposesin such area or pa rt thereof, the application of suc h authorityshall take precedence of any other application.

7 . No l icence shal l be granted for any area which maybe within the limits of economical transmission from anyexisting or authorized wo rks for the generation of electricalenergy u nti l the l icensee for such works ha s been given anoppor tuni ty for objec t ion to the grant of such l icence, andfor application for extende d pow ers for the supply of the areain question from the existing or authorized works aforesaid;whereup on the Minister, after inquiry as hereinafter provided,m ay deal with such app lication or applications as he sees fit,

provided that notwithstanding the purpose an d intent ion ofthis Act as expressed in this section nothing containedin th is Act or in any l icence sha l l be deemed or const ruedto hinder or restrict the powers of the Minister to grant,if the necessity arises and having due regard to the saidpurpose and intention as expressed in this section, any otherlicences under this Act in respect of the area (if any)or any part of the area (if any) nam ed or defined in any suchlicence.

8 . No thing in this Act shall prevent a licensee applyingfor and, subject to this Act, obtaining other l icences for thegeneration, supply or distribution of electrical energy in anyarea.

9 . (1) A l icensee shal l not t ransfer or otherwise dive sthim self of any of the powers, rights or obligations conferredor imposed u pon him by this Act or by his l icence otherwise



Rev. 19861lectric PowerAP. 3145than under and in accordance with a provision containedin the licence authorizing such d ivestiture, or the authority of

the Minister.(2) W here any l icence i s au thor ized to be t ransferred ,

any m oney to w hich the l icensee i s en t i tled or rece ives orwhich may be paid to him on or for the transfer of suchlicence shall not exceed the amount of his reasonableexpenses in obta ining the l icence as may be decided by theMinister.

(3) W here any l icence i s au thor ized to be t ransferred ,any m oney to which the l icensee i s en t it led or rece ives orwhich m ay be paid to him in respect of the purchase of hi sworks u nder the l icence and any m atter relat ing to the saleor purchase of any such works shall be subject to theprovisions of this Act.

10. (1) The Minister may grant a bulk supply licence Bulk supply

licen.to any pub lic or local authori ty or com binat ion of any such L.N.

ce3 6 / 1 9 6 1 ,

authori t ies or to any co m pany o r person to supply electr ical 5 of 1965, s. 4.energy in bulk to b ulk supply l icensees or authorized dis t r i-butors within any area presc ribed in such l icence, and theMinister in any such l icence m ay authorize the generation ofelectr ical energy an d the do ing of al l such other acts as arenecessary in connexion wi th the supply of such e lectr ica lenergy in bulk.

(2) A bulk supply licence may be for any period not

exceeding fifty years, and the bulk supply licensee may,within ten years of the date nam ed in a bulk supp ly l icencefor i ts term ination, mak e application to the Minister for arenewal of such bulk supply licence, provided that suchapplication shall be made n ot less than three years before thedate nam ed for the terminat ion of the l icence.

(3) W ithin s ix m onths after the receipt of such appl ica-tion and after such inquiry as he thinks necessary, theMinister may grant the application on such terms andcondit ions and for such period as he thinks f it , or may refusethe application :

Provided that the Minister m ay, in his absolute discret-ion, where the circumstances are such as in his opinionrender such a cou rse necessary, exercise the powers conferredupon him by this section notwithstanding that more thansix mo nths after the receipt of the application have exp ired.




Provision as toagreement totake supply forcertain periodand as to

minimumPayment.27 of 1952, Sch.,L.N. 36/1961,5 of 1965, s. 5.

(4) A bulk supply l icence may, subject to the p rovisionsof this Act, be granted to a public or local authority orto a com binat ion o f any su ch author i t ies author iz ing them

to generate or to supply electrical energy within any areaalthough the same or som e part thereof m ay not be includedwithin the jurisdiction for other purposes o f any such pu blicor any such local authority.

(5) A bulk supply licence under this Act for thesupply of electrical energy s hall convey an d secure to thelicensee the right, subject to the provisions of this Act,to generate, transmit and supply electrical energy over,

through or within the area defined by the bulk supplyl icence, only to other bulk supply l icensees or autho rizeddistr ibutors, and m ay state the l imits within which and theconditions under w hich the supply of electrical energy by thelicensee named in the licence shall be compulsory orpermissive.

(6) In prescribing a bulk su pply area, the Minister shallhave regard to the m ethods or proposed m ethods of gene-

ra t ion or di s t r ibut ion and to a l l mat ters and c i rcum stanceswhich have ar i sen, or which may ar i se , and which have o rmay have re la t ion to the econom ical product ion, supply orcontinuan ce of an efficient service of electrical energy ov erand w ithin the area so prescr ibed.

11. (1) Where any demand is made by an authorizeddistributor for a supply of electrical energy within a com pul-sory area, or otherwise where the bulk supply licensee is

authorized by the Minister to give a supply of electricalenergy w i thin a com pulsory area , the bu lk supply l icenseewithin a reasonable time or within such time as may bestated in the licence or as m ay be authorized by the Min isteras provided for by section 12 9, shall lay, erect and install allthe electric supply lines and w orks necessary for the supply ofthe electrical energy in terms of the dem and or of the authorityof the Minister, as the case may b e.

(2) Where any such dem and i s made by an author izeddistr ibuto r, the bulk sup ply l icensee ( if he thinks fi t ) may ,within thirty days, or such other per iod as the M inister m ayapprove, af ter the service of the dem and upo n him , serve anot ice on the author ized d is t ributor by whom the deman dis signed, stating that he declines to be bound by the dem andunless the auth orized distr ibutor wil l bind him self to take,or will guarantee that there shall be taken, a supply ofelectr ical energ y for a period of seve n years at the least of



Rev. 19861lectric Powe rAP. 3147such am ount in the aggregate ( to be specified by the bulksupply licen see in the no tice) as will, at the rates of charge

for the time b eing charged by the bulk supply licensee for asupply of electrical energy to other authorized d istributorsunder com parable conditions, produce annu ally such reason-able sum as is specified by the bu lk supply licensee in thenotice :

Provided that-(i) in the notice the bulk sup ply licensee shall not without

the authority of the Minister specify any sum exceed-

ing twenty per centum upon the expense of providingand erecting or laying down the electric supply linesand works n ecessary for the supply of e lec tr ica lenergy in terms of the dem and;

(ii)such expense shall not include any expenditure mad efor any transforming m achinery or plant, electr icsupply lines, apparatus or equipme nt which havebeen erected o r installed for a period of seven yearsat the t im e of the demand being com plied with, orfor any transforming m achinery or plant, electr icsupply lines, apparatus or equipme nt which havebeen or m ay be erected or instal led as renewals ofany such transforming machinery o r plant, e lectricsupply lines, apparatus or equipment, which havebeen erected or installed for a period of seven years,or for any expenditure made o r which may becom enecessary for any gen era t ing m achinery, p lant,

apparatus or buildings.(3) Where such a notice is served, the dem and shal l not

be binding on the bu lk supply licensee unless within thir tydays or such o ther period as the Minister may approve afterthe service of the no tice on the authorized distributor signingthe dem and ha s been effected, or in case of difference withinthirty days or such other period as the Minister may a pproveafter the delivery of the arbitrators ' award o r other settle-me nt, there is tendered to the bulk supply licensee an agree-m ent executed by the authorized distributor binding him totake or guaranteeing that there shal l be taken a supply ofelectrical energy for a period of seven years at the least ofsuch an am ount as will in the aggregate at the rates of chargeabove, specif ied produce an annual sum amou nt ing to thesum specified in the notice or determined by arbitration orother sett lem ent und er this section, as the case m ay be, orwhere the authorized distributor making the dem and is not

a public or local autho rity, unless sufficient security for the




payment to the bulk supply licensee of all moneys which

may become due to him from the authorized distributor

under the agreement is offered to the bulk supply licensee (if

required by him by such notice as aforesaid) within the

period prescribed for the tender of the agreement as afore-said.

Further use

of works

installed subject

to agreement

for supply to

particular

authorized

distributor.

5 of 1965, s. 6.

(4) If the bulk supply licensee considers that thedemand is unreasonable, or that, under the circumstances of

the case, the provisions of this section ought to be varied,

he may, within thirty days or such other period as theMinister may approve after the service of the demand upon

him, appeal to the Minister, and the Minister, after suchinquiry (if any) as he thinks fit, may, by order, eitherdetermine that the demand is unreasonable and shall not be

binding upon the bulk supply licensee or authorize the bulk

supply licensee by his notice to require a supply of electrical

energy to be taken for such longer period than seven years,

or to specify such sum or percentage, whether calculated as

hereinbef ore provided or otherwise, as is directed by the

order, and the terms of the above-mentioned agreement shall

be varied accordingly.

(5) In case of any appeal to the Minister under thissection, any notice by the bulk supply licensee under thissection may be served by him within thirty days or such

other period as the Minister may approve after the decisionof the Minister.

(6 ) If any difference arises between the bulk supply

licensee and any authorized distributor signing any suchdemand as to any such notice or agreement, that difference

shall, subject to the provisions of this section and to the

decision of the Minister upon any such appeal as aforesaid,be determined by arbitration.

12 . In the event of any demand being made on a bulksupply licensee by an authorized distributor in a compulsory

area for electrical energy for the supply of which any works,

already installed for the supply of electrical energy to anyother authorized distributor and in respect of which such

authorized distributor is bound by agreement as in section

11 of this Act provided, or any part thereof are suitable

and adequate, such works or part thereof shall be so used,

and the agreement or agreements to which the bulk supply

licensee is entitled by that section shall be made or if made

shall be modified in such manner that the obligations imposed

on the authorized distributors by such agreements shall be



Rev. 19861lectric PowerAP. 3149pro rata with the value of the electric supply lines and worksor such port ion or port ions thereof as are necessary for th e

supply of electrical energy to su ch authorized distributorsrespectively.

13. Ex cept in the cases of pub lic or local autho rities, abulk supply licensee may require, and shall be entitled toreceive, from an authorized distr ibutor, before taking stepsto com ply with a dem and for the supply of e lectrical energy,a guarantee for the due performance of any agreemententered into for the e rect ion a nd instal lat ion o f any e lectr ic

supply l ines, apparatus and equipment.14. In any case where in the opinion of the Minister

a supply of electr ical energy should be obtained from a bulksupply licensee, and after investigation it is consideredimpo ssible or inexpedient to provide for the necessary worksas herein specified in that behalf, the Minister, with theconsent of the Nat ional Assembly, may un dertake in wholeor in part the provision of any such works or of the funds

necessary to def ray the charges thereon or m ay guaranteesuch payments, upon such terms and conditions as theMinister m ay consider necessary or expedient.

15. The bulk supply l icensee shal l be whol ly respon-sible for the proper m aintenance, repair and safe condit ionof al l electr ic supp ly l ines, apparatus an d equipm ent up tothe point at which the bulk supp ly is made, effected, deliver-ed or made available to any authorized distributor as

approved by the Minister, irrespective of the manner inwhich any capita l sums for or charges in respect of the samemay be provided.

16 . The bulk supply licensee may require anauthorized distributor within a compulsory area wh o dem andsa supply of electrical energy, and before com m encing to givesuch supply, to enter into an ag reemen t to take del ivery ofand to pay for such supply or p art thereof for a period of not

leas than two years, or for such longer period as the Ministerm ay approve, or , fai l ing the authorized d is tr ibutor 's accept-ance or use of such supply of electrical energy, to pay for theprovision mad e by the bulk supply l icensee for such supplyof electrical energy, to the following extent—

(a ) the authorized distributor shall agree to pay to thebulk supply licensee such minimum annual sum asi s equiva lent to the sum which would b e payablefor four hundred hours' consumption of the

Guarantee.

Power ofMinister toprovide electriclines or fundstherefor.L.N. 36/1961.

Bulk supplylicenseeresponsible forelectric lines.27 of 1952,a. 13 .

Bulk supplylicenseemay requireagreement totake supply ofcertain minimumfor two years.L.N. 36/1961,5 of 1965, s. 7.




Penalties

payable by bulk

supply licensee

to authorized

distributor for

failura ofsupply.

Distributing

licence for

local area.

L N. 36/1961.

maximum demand of electrical energy at a priceper kelvin not exceeding the maximum price fixed

in the schedule of prices provided in the licence of

the bulk supply licensee; or

(b ) in such other manner as the Minister may approve.

17. (1) Subject to any agreement which may be entered

into between a bulk supply licensee and an authorizeddistributor, as provided for by section 74, for any and

every failure of a bulk supply licensee to supply or to

continue to supply, or for any interruption to any supply

of, electrical energy which is being or should be made bysuch bulk supply licensee under any of the provisions of this

Act through or because of any defect in, or absenceof, any provision made, or which should have been made,

by such bulk supply licensee, or over which such bulk supply

licensee has control, or for which the responsibility, or of

which the repair or maintenance, is vested in such bulk supply

licensee, the bulk supply licensee shall pay to the authorized

distributor as liquidated damages a sum equal to one one-

thousandth part of the annual minimum sum or fixed charge

payable by the authorized distributor to the bulk supply

licensee, for every hour or part thereof of such failure,non-continuance or interruption of the supply as aforesaid.

(2 ) The payment of such damages by the bulk supply

licensee shall not indemnify him against the infliction of any

penalties to which he may be liable under this Act.

(3 ) Whenever the bulk supply licensee makes default in

supplying electrical energy in accordance with the terms of

the rules he shall be liable to such penalties as are prescribed

by the rules in that behalf.

18. (I) The Minister may grant a distributing licence to

any public or local authority, company, person or body of

persons to distribute or supply electrical energy for any

purpose within any area, whether within or without thejurisdiction for other purposes of any such public or local

authority, and may state the limits within which and the

conditions under which the supply of electrical energy bythe licensee shall be compulsory or permissive.

(2) The granting of a distributing licence shall authorize

the authorized distributor to receive a bulk supply of electricalenergy .



Rev. 19861lectric PowerAP. 314 (3 ) A distributing licence may be for any period, whether

limited or unlimited.

(4 ) Where the duration of a distributing licence is limited,the licensee may, within a period of not more than five years

(or such greater period as the Minister may in any particular

case permit) and not less than three years from the date fixed

for the termination of the licence, make application to the

Minister for a renewal of such distributing licence; such

applica t ion shal l be m ade after publ ic adver t isemen t in mannerprescribed by section 129.

(5) W ith in s ix m onths after the receipt of such appl ica t ionand after such inquiry as he may dee m necessary , the Minis termay grant the application on such terms and conditions and

for such period as he may deem fit, or he may refuse the

application:

Provided tha t the M inis ter may, in h is absolu te d iscre t ion ,where the circumstances are such as in h is opin ion render such

a course necessary, exercise the powers conferred upon himby this section notwithstanding that more than six months

after the receipt of the application have expired.

(6 )Where no such application for renewal of the licence

has been made by the licensee or where such application has

been refused, subsequent proceedings shall be in accordance

with the provisions of sections 123 and 124, as the case may

be, and as if the licence terminated had been revoked and the

date of revocation were the date of expiration of the licence.

19. Where any authorized distributor is authorized by

a distributing licence to supply electrical energy within an

area of supply which is situated either wholly or partly withinthe jurisdiction for other purposes of any local authority, and

such local authority desires to undertake the supply ofelectrical energy in such area of supply or any part thereof,

the following provisions shall apply—

(a) within six months after the expiration of a period of

forty-two years from the date of such distributing

licence, or such shorter period as is specified in that

behalf in such distributing licence, or within sixmonths after the expiration of every subsequent

period of seven years, or such shorter period as isspecified in that behalf in such distributing licence,

such local authority may make an application to the

Minister for the revocation of such distributing

Purchase of

works of

authorized

distributor by

local authority.

L.N. 649/1963.

When local

authority may

apply for licence




licence as to the whole or part of the area of supply,

and for the simultaneous issue to such local

authority of a distributing licence for the whole ofthe area to which such revocation would extend;

and, in addition to any notices required to be given

by this Act, such local authority shall serve copies

of any such application upon such authorized distri-

butor, together with such further particulars as theMinister may direct:

Provided that, in the event of renewal of any

such distributing licence under section 18, thesaid period of forty-two years, or any shorter

period specified as aforesaid in such distributing

licence, may be the terms and conditions ofsuch renewal be specifically altered to run from

the date of such renewal or otherwise specifically

shortened or extended within the limit of forty-two

years from that date; but, in default of and subject

to any such specific alteration as aforesaid, the saidperiod of forty-two years, or any shorter period

specified as aforesaid in such distributing licence,

shall continue to be calculated from the original date

of commencement of such distributing licence, and

every subsequent period of seven years as aforesaid,

or any shorter period specified as aforesaid in such

distributing licence, shall be calculated accordingly,

in like manner in all respects as if such distributing

licence had originally been granted for a period toinclude the period of such renewal, and so that the

original period of duration of such distributinglicence (whether greater or less than forty-two years)

shall be altogether disregarded in the application of

the provisions of this paragraph;

(b ) where such area of supply is situated wholly within

the jurisdiction for other purposes of such localauthority, any application as aforesaid by such local

authority shall be granted on such terms andconditions as the Minister may think fit;

(c ) where such area of supply is situated partly within

and partly without the jurisdiction for otherpurposes of such local authority, any application as

aforesaid by such local authority may be granted on

Where area ofsupply whollywithin localauthority's

jurisdiction,application shallbe granted.

Where area ofsupply notwholly withinlocal autho rity'sjurisdiction,application maybe granted.



Rev. 19861lectric PowerAP. 3143such terms and conditions as the Minister may thinkfit, or may b e refused :

Provided that, where the granting of suchapplication would entail the division of such area ofsupply, and such au thorized distributor has objectedto such division, but, nothwithstanding such or anyother objec tion which may have been lodg ed, theMinister is disposed to consider such applicationfurther-

(i) the Minister shall cause written notice of his

disposition to consider such application furtherand of any terms or conditions of grant thenunder considerat ion to be g iven to such autho-r ized dis tr ibutor and, save with the con sent ofsuch autho rized distributor, shall not grant suchapplication before the expiration of a period oftwelve mon ths f rom the d a te of such wri t tennotice;

(ii)such authorized distributor shall be entitled,within such period of twelve months, unless hehas consented to the prior granting of the app li-cation, to require by written notice to such localauthority and to the Minister that such applica-tion be amended to effect such alternativedivision of such area o f supply, if any, with suchal ternat ive or add i tional terms an d con di t ions,if any, as such authorized distributor may insuch notice specify;

(iii)within ninety days or such long er per iod as theMinister may a pprove, after receipt of any suchnotice as aforesaid from such a uthorized distri-butor, such local authority may, by writtennot ice to the Minis ter and to such author izeddist ributor , amend such appl icat ion in a ccord-ance with such no tice of such authorized distri-

butor or to include the whole of such area ofsupply; but , in defaul t of any such am endm entwithin such period, such app lication sha ll berefused;

(iv)the Minister shal l remain free, notwithstandingany su ch no t ice as aforesaid of h is disposi tionto consider such ap plication further, at any timethereafter in his absolute discretion to refuse

such application or any am endm ent thereof; and




Consumers notto be prejudiced.

Effect of grantof applicationto be deferred.

Cap 486.

Sale andpurchase ofworks whereapplicationgranted.

(v) the provisions of section 129 shall not

apply to any requisition or notice made or given

by the authorized distributor or by the local

authority under this paragraph;

(d ) notwithstanding any provisions of this section, no

application entailing the division, transfer oralteration of any area of supply or part thereof shall

be granted with or without amendment or

modification unless it is shown to the satisfaction of

the Minister that such grant will not unduly preju-

dice the consumers in any portion of the area pro-

posed to be divided, transferred or altered;

(e ) in the event of any such application as aforesaid by

such local authority being granted, with or with-

out amendment or modification, such grant shall

be made to take effect at such later date as theMinister then directs; but such local authority shall,

as from the date of such grant and up to the date of

the same taking effect, advance to such authorized

distributor, by way of loan carrying interest at therate of four per centum per annum or such other

rate as may be prescribed under section 67 of the

Companies Act, all such moneys as he may from

time to time reasonably require for capital expendi-

ture to ensure the continued development of his

undertaking in relation to such area of supplyduring that period, and such advances shall be

repaid on or before the date upon which the finalpayment of any purchase money which becomes due

under this section is received from the localauthor i ty :

Provided that, if and so often as any difference

arises between such local authority and suchauthorized distributor as to whether any moneys

are or are not reasonably required by the authoriz-

ed distributor for capital expenditure as aforesaid,

or as to the particular purpose or purposes forwhich such moneys are required, or as to theamount of any moneys so required, such difference

shall be determined by arbitration;

(f l where the application as aforesaid by such localauthority is granted by the Minister under thissection, with or without amendment or modification,

such local authority shall buy from the authorized



Rev. 19861lectric PowerAP. 3145distributor and such authorized distributor shall sell

to the local authority all works suitable for and

used or in possession for use by such authorizeddistributor under his distributing licence for the

distribution of electrical energy within the area

defined in the distributing licence granted to such

local authority, and such sale shall be completed

accordingly on the date upon which the grant of

such app lication is to take effect :

Provided that-

(i) where the grant ing of such appl ica t ion enta i ls thedivision of the original area of supply or where

such authorized distributor holds any other

distributing licence or licences, such authorizeddistributor shall be entitled, by written notice

in that behalf to such local authority at any

time not later than ninety days from the publi-

cation of the notice advertising the granting of

such application, to exclude from such sale and

purchase any specified part or parts of the saidworks, whether suitable or unsuitable for the

distribution of electrical energy within the area

defined in the distributing licence then granted

to such local authority, which he might reason-

ably require for the purposes of his distributing

licence in respect of the remaining portion of

such area of supply or such other distributing

l icence or l icences;(ii) any question which may arise in relation to such

sale and purchase, or with regard to the ex-

clusion of any specified works therefrom, shall

in default of agreement be determined inaccordance with the provisions of section 138;

(g ) subject to paragraph (d) , in any case where the supply Purchase of

of electrical energy for the purposes of the said works under

distributing licence of such authorized distributor is l o c a lgenerating

obtained under a local generating licence held by licence ofautho

such authorized distributor, then, on the grantingdi rized

stributor.

of any such application as aforesaid of such local

authority, the provisions of subparagraph (i), (ii) or

(iii), as the case may be, shall apply to such local

generating licence and the works thereunder, whereversituated-

(i) if the supply o f electrical energy for the purpose s Where bulk

of the distributing licence then granted to such

supply available




local authority, and also for the purposes of thesaid distributing licence of such authorized

distributor (if and so far as remaining un-revoked), could, in the opinion of the Minister,be provided m ore econom ically , and wi thoutprejudicing the consumers in any area con-cerned, by any then existing bulk supply licenseeunder an y of the provis ions of thi s Act , then,notwithstanding the provisions of subpara-graph (0 of paragraph (b ) of subsection (4) ofsection 35 as to the periods at which

the bulk supply licensee may apply for therevocat ion of the local generat ing l icence andpurchase the works of the local generatinglicensee, such local generating licence shall berevoked and such bulk supply licensee shall, onthe date upon w hich the grant of such applica-tion as aforesaid is to take effect, purchase theworks un der such local generating licence, and

shall thereafter give a supply of e lectrical energyto such local authori ty and to such authorizeddistributor for such respective purposes asaforesaid, subject to the provisions o f the saidsubsect ion and to an y other authorized distr i-buto r, subject to the provisions in that beha lfcontained in this Act or the bulk supply licence;

Where bulk

supply not

available and

original area

of supply not

divided.

(ii) where a su pply of electrical energy co uld not, inthe opinion of the M inister , be provided by abulk supply licensee as aforesaid, and whe re thegrant ing of such appl ication as aforesaid doe snot entail the division of the original area ofsupply, or where such autho rized distributoragrees to sell such works, such local autho rityshall , on the date upon which the grant of such

application is to take effect, purchase the wo rksunder such local generating licence in like m an-ner in all respects as if such local authority werea bulk supply l icensee and purchasing for thepurposes of a bulk supply licence, and therevocation of such local generating licence andthe price to be paid by such local authori ty inrespect of the purchase of the said works and inrespect of com pensation (if any) for depreciation



Rev. 19861lectric PowerAP. 3147shall accordingly be effected and determined inthe man ner prescribed in that behalf by para-

graphs (b ) and (c ) of subsection (4) o f section35, and there shal l be granted to such localauthority such new local gen erating licence asmay be deemed requisite or proper in the

circumstances;

(iii) where a supply of e lectrical energy co uld not, inthe opinion of the Minister , be provided by abulk supply licensee as aforesaid, and where the

granting of such application as aforesaid entailsthe division of the original area of supply, andsuch autho rized distributor does no t agree tosell such works, such autho rized distributorshall , from and after the date upo n wh ich thegrant of such application takes effect and solong as he continues to hold such local gene-rating licence, give a supply o f electrical energyto such local authority, for the purposes of the

distributing l icence then gran ted to i t , fromsuch of his works under such local generatinglicence and his then subsisting distributingl icence as may b e useful to that end, on suchterms and conditions and for such price orpr ices as m ay be agreed upon be tween suchauthorized distributor and such local authorityor, failing such agreement, as may be de-

termined by an arbitrator in the mannerprescribed in subparagraph s (vi) and (vii) ofparagraph (c ) of subsect ion (4) of section 35:

Provided that , in every case wh ere the supplyof electrical energy for the pu rposes o f the saiddistributing licence of such authorized distr ibutoris obtained under a local generating l icence whichis held by such authorized distributor also inrelation to o r for the purposes of any other distr i-buting licence or licences, then, for all purposes o fthis paragraph, the said d istributing licence shall beregarded as including such other distributinglicence or licences, and the original area of supp lyshall be regarded as including the area or areas ofsupply of such other distributing licence or licences,and any separation of such respective areas ofsupply shall be regarded as a division of the original

area of supply.

Where bulksupply notavailable andoriginal areaof supply

divided.




Power to vary

terms of sale

contained in

section 19.

L.N. 36/1961.

Distributing

mains to be

laid down.

L.N. 36/1961.

20. Notwithstanding anything contained in section 19or section 138, the Minister may by any distributing licence to

be granted by him under this Act, if he thinks fit, vary the

terms upon which any local authority may require theauthorized distributor to sell, and upon which the authorized

distributor shall be required to sell to such local authority,

his undertaking or so much of the same as is within the

jurisdiction for other purposes of such local authority, in such

manner as may have been agreed upon between such local

authority and the authorized distributor.

21. (1) The authorized distributor shall, within a periodof two years or such other period as may be specified in the

distributing licence after the commencement of the distribu-

ting licence, or as may be authorized by the Minister asprovided for by section 129, subject to any agreement

to the contrary at his own expense lay down or erect

suitable and sufficient distributing mains for the purpose

of general supply throughout every street or part of astreet specified in that behalf in the distributing licence, and

shall thereafter maintain those distributing mains.

(2 ) In addition to the distributing mains hereinbeforespecified, the authorized distributor shall, at any time after

the expiration of eighteen months after the commencement

of the distributing licence, subject to any agreement to the

contrary at his own expense lay down or erect suitable and

sufficient distributing mains for the purposes of general

supply throughout every other street or part of a street within

the area of supply upon being required to do so in mannerprovided by the distributing licence, or by this Act.

(3 ) All such distributing mains as are mentioned in sub-

section (2) (unless already laid down or erected) shall

be laid down or erected by the authorized distributor

within six months after any requisition in that behalfserved upon him in accordance with the provisions of the

distributing licence or this Act has become binding upon

him, or within such further time as may in any case beapproved by the Minister.

(4) Where any requisition is made in respect of any

street which the authorized distributor is not speciallyauthorized to break up, or in or along which he is not autho-

rized to erect and construct works of an overhead system, he

shall (unless all authorities and persons owing or controlling

such street, or responsible for the repair thereof, consent to



Rev. 19861

lectric PowerAP. 3149such breaking up or to the erection of such overhead system,as the case m ay be) for thwi th apply to the Minis ter for his

written consent authorizing and em powering the au thorizeddistr ibutor (sub ject to the provisions o f the E lectric Supply Cap. 315.

Lines Act) to break up that street, or to erect and con-st ruct therein works o f an overhead system , as the case maybe, and the requisition shall not be binding upon theauthorized director if the Minister refuses his con sent in thatbehalf.

22 . W here a public or local authority is not the author-ized distributor, the authorized distributor shall, withintwenty-eight days or such other per iod as the Minister mayapprove before commencing to lay underground in any streetany electric supply line which is intended for supplyingelectrical energy to any particular consumer, and not forthe purposes of gen eral supply, serve upon the local authority,and upon the owner or occupier of all premises abuttingon so m uch of the s t reet as l ies between the p oints of or iginand termination of the electric supply line so to be laid, a

notice stat ing that the authorized d istributor intends to laythe electric supply l ine, and sett ing forth the effect of thissection, and, if within that period any such owner oroccupier requi res in accordance wi th the provis ions of thedistributing licence that a tupply shall be given to hispremises, the necessary distributing m ain shall be la id by theauthorized distributor at the sam e time as the electric supplyl ine intended for the part icular consum er.

23.(1) If the au thorized distr ibutor, not being a pub lic

or local authori ty, m akes defau l t in laying d own or erect ingany d istr ibut ing m ains in accordance with the provisions ofthe distributing licence or of this Act within the periodsprescribed in that behalf respectively, he shall be liablefor each default to a penalty not exceeding one hundredand fifty shillings for each day du ring which the default con-tinues, and if the Minister is of opinion in any case thatthe default is wilful and unreasonably prolonged he may,

after considering any represen tation of the pub lic or localauthority, deal with the distributing licence in mannerprovided by this section.

(2) If a public or local authority is the authorizeddistributor, and m akes default in laying down or erecting anydistributing main in accordan ce with the provisions of thedistributing licence or of this Act within the periods prescribedin that behalf respect ively, the M inister m ay de al with thedistributing licence in ma nner provided b y this section.

Laying ofelectric linesunder specialagreement.L.N. 36/1961.

11 licensee tails

to lay downmains, etc.,licence maybe revoked.L.N.649/1963.




Manner in whichrequisition tobe made.27 of 1952, s. 3.

(3) Wh ere the Minister is authorized un der this sectionto deal with a distributing licence, he may either revokethe distributing licence as to the whole or any part of the

area of supply or, if the authorized distributor so desires,suffer it to remain in force as to that area or part thereof,subject to such conditions as he thinks fit to impose , and anyconditions so imposed shall be binding on and observed by theauthorized distributor, and shall be of the like force and effectin every respect as though they were contained in the distribut-ing licence :

Prov ided that the Minister shall not revoke the d istri-

buting l icence as to part only of the area of supply wherethe authorized distributor makes a representation that hedesires to be relieved of h is l iabili t ies as respects the rest o fthe area of supply, and in that case the Minister shall notunder this sect ion revok e the d is tr ibut ing l icence otherwisethan as to the whole of the area of supply.

24. (1) Any requisit ion requiring the authorized distri-butor to erect or lay down a distributing main to be

operated at low or medium pressure for the purposesof general supply throughout any street or part of a street maybe m ade by any o wner or occupier of premises a long tha tstreet or part of a street, or by a group of such owners oroccup iers, either joint ly or several ly, or , where a pu blic orlocal authori ty is not the autho rized distributor and h as thecont rol and m anagem ent of the publ ic lam ps in that s treetor part of a street, by the pub lic or local authority:

Provided that the prov isions of this subsection shall apply

only to premises on wh ich the building or any part thereoffor which a supply of electrical energy throug h the distribut-ing m ain to which the requisition relates is situated not mo rethan two hundred y ards from the street.

(2) Every such requisi t ion shall be signed by the personor persons m aking i t , or by the pub l ic or local authori ty (asthe case may b e) , and shal l be served upon the author izeddistributor.

(3) Forms of requis it ion em body ing therein a sui tablenote drawing attention to the provisions of this sectionand of sections 25 and 26 shall be kept by the authorizeddistributor at his office, and a copy shall on applicationbe supplied free of charge to any owner or occupier ofpremises within the area of supply and , where necessary, to thepublic or local authority, and any requisition so supplied shallbe deemed valid in point of form.



Rev. 19861

lectric PowerAP. 314125. (1) Where any such requisit ion is made by any such

owner or occupier or group of ow ners or occupiers as afore-

said, the authorized distributor (if he thinks fit) may, withinfourteen days or such other period as the Minister mayapprove after the service of the requisition upon him,serve a not ice on al l the persons by w hom the requisit ion issigned, stating that he declines to be bo und by the requisitionunless those persons or som e of them wi l l b ind themselvesto take, or wil l guarantee that there shal l be taken, a supp lyof electrical energy, for such period no t being less than twonor more than seven years (as in such requisition may be

specified by such owner or occupier or agreed and specifiedby such owners or occupiers, as the case may be) of sucham ount in the aggre gate as will, at the rates of charge for thet im e being charged by the author ized dis tr ibutor as appro-priate to the nature and circum stances of the supply to suchperson or persons respectively, produce annually such sum asis specified by the authorized distributor in such notice :

Provided that-

(i) in such notice the authorized d istributor sha ll not,withou t the autho ri ty of the Minister , specify anyannual sum exceeding the following percentages uponthe expense of providing and erecting or layingdown the required distributing m ains, viz.—

(a )in respect of a guarantee for two y ears, sixty percentum;

(b)in respect of a guarantee for three ye ars, forty-

five per centum ;(c)in respect of a guarantee for fou r years, thir ty-

five per centum;

(d)in respect of a gua rantee for five years, thirty percentum;

(e )in respect of a g uarantee for s ix years , twenty-five per centum;

(f)in respect of a guarantee for seven y ears, twen ty

per centum;

(id in calculating such annual sum as aforesaid, any otheritem of outlay (including the cost of additional worksfor generation, transmission or distribution) in-volved in com plying with such requisit ion and therequisi tion under sect ion 27 may also be taken intoaccount i f and so far as the Minis ter ma y approveaccording to the circumstances of each case.

Requisition byowners oroccupiers.27 of 1952,

ss. 13 and 14and Sch.,L.N. 36/1961.



CAP. 314lectric PowerRev. 1986

(2 ) Where such a notice is served, the requisition shall

not be binding on the authorized distributor unless within

fourteen days, or such other period as the Minister may

approve, after the service of the notice on all the personssigning the requisition has been effected, or in the case of

difference within fourteen days, or such other period as the

Minister may approve, after the delivery of the arbitrator's

award or other settlement, there is tendered to the authorized

distributor an agreement severally executed by those persons

or some of them binding them to take or guaranteeing that

there shall be taken a supply of electrical energy, for the

period specified in the requisition, of such amount as will in

the aggregate, at the rates of charge above specified, produce

an annual sum amounting to the sum specified in the notice

or determined by arbitration under this section, or unless

sufficient security for the payment to the authorized distribu-

tor of all moneys which may become due to him from those

persons under the agreement is offered to the authorized

distributor (if required by him by such notice as aforesaid)

within the period prescribed for the tender of the agreement

as aforesaid.(3) If the authorized distributor considers that the requisi-

tion is unreasonable, or that under the circumstances of the

case, the provisions of this section ought to be varied, he may,

within fourteen days or such other period as the Minister may

approve after the service of the requisition upon him, appeal

to the Minister, and the Minister, after such inquiry (if any)

as he thinks fit, may, by order, either determine that the requi-

sition is unreasonable and shall not be binding upon the

authorized distributor, or authorize the authorized distributor

by his notice to require a supply of electrical energy to be

taken for such longer period than that specified as aforesaid,

and to specify such sum or percentage, whether calculated as

hereinbefore provided or otherwise, as is directed by the order,

and the terms of the above-mentioned agreement shall bevaried accordingly.

(4) In case of any appeal to the Minister under this

section, any notice by the authorized distributor under thissection may be served by him within fourteen days or such

other period as the Minister may approve after the decisionof the Minister.

(5) Notwithstanding any payments made in accordance

with any such agreement or guarantee as aforesaid, the distri-

buting mains shall be the sole property of the authorized

distributor, and may be used by him for any purpose



Rev. 19861lectric PowerAP. 3143authorized by his l icence, so long as such use does n ot pre-judicially affect the supply of electrical energy to any con-

sum ers who have entered into such agreem ent or guarantee.(6 ) W here, during the period of any such agreem ent or

guarantee as aforesaid, the authorized distr ibutor uses anydistributing main the subject thereof for the supply of elec-t r ical energy to any consum er or consum ers other than thosewho h ave already entered into such ag reement or guarantee,he shall first require every such additional consum er, andevery such addit ional consumer shall be bound as from thedate of comm encement of such user, to become a further party

to such agreement or guarantee for the rem ainder of suchperiod, jointly and severally with the consum er or consum erswho h as or have a l ready entered into such agreem ent orguarantee an d with liability to contribute accordingly.

(7 ) If any difference arises between the authorized distri-butor, the person or persons signing any such requisition asaforesaid, and addit ional consum ers as aforesaid, or any ofthem respectively, as to any such notice, agreement or g uaran-

tee or as to the effect or application of subsection (6),that difference shall, subject to the provisions of thissection and to the decision of the Minister upon such ap pealas aforesaid, be determined by arbitration.

26. Wh ere any such requisit ion is m ade by a public orlocal authority it shall not be binding on the authorized distri-butor unless at the time w hen the service is effected, or withinfourteen days or such other period as the Minister may

approve thereafter , there is tendered to the au thorized dis-tr ibutor ( if required by him ) an agreem ent executed by thepublic or local authority and binding such au thority to take,for a period o f seven y ears at the least, a supply of electricalenergy for lighting such public lamps in the street or part of astreet in respect of which the requisi t ion is m ade as may beunder their m anagem ent or control, sufficient at the least toprovide i l lum ination in such street or part of a street notinferior to the standard specified as Class H in SpecificationNu m ber 307 of the British Standards Institution.

27. (1) The autho rized distr ibutor shal l, upon b eingrequired to do so by the owner or occupier of any premisessituate within two hundred yards from any distributing mainoperating at low or medium pressure of the authorized dis-tributor in which he is for the time being required tomaintain or is m aintaining a supply of electrical energy forthe purpose of supply under the distributing licence, or within

Requisition bypublic or localauthority.27 of 1952, s. 14,15 of 1961, Sch.

Authorizeddistributorto furnishsufficient supplyto owners andoccupiers withinarea of supply.

27 of 1952,ss . 4 and 13.




two hundred yards from the nearer boundary of any street or

road reserve (whichever may be the wider) along which such

distributing main is laid down or erected, give and continue to

give in accordance with the provisions of the distributinglicence and of this Act a supply of electrical energy for

those premises at supply terminals located within two hundred

yards from such distributing main or nearer boundary

of the street or road reserve as aforesaid, and he shall at

his own expense furnish and lay or erect such electric supply

lines, or effect such modifications in any existing electric

supply lines, as may be necessary or proper for the purpose

of supplying the maximum power with which such owner oroccupier then requires to be supplied :

Provided that-

(i) the cost or, in any case where a scale of charges for

such purpose has been submitted by the authorized

distributor and approved by the Minister, an amount

calculated according to such scale to represent the

cost, of so much of any electric supply lines for the

supply of electrical energy to any owner or occupieras may be laid or erected upon the property of that

owner or in the possession of that occupier, and of

so much of any such electric supply lines as it may

be necessary to lay or erect for a greater distance

than sixty feet from any distributing main of the

authorized distributor (excluding any distance to be

traversed for that purpose across any such street or

road reserve as aforesaid), although not on that

property, for the purpose of such supply shall, if theauthorized distributor so requires, be refunded by that

owner or occupier;

(ii) notwithstanding any payments made in accordance

with the foregoing provisions, all such electric supply

lines shall be the property of the authorized distri-

butor, who shall be responsible for their propermaintenance, repair and safe condition in accord-

ance with this Act and any rules made there-

under, up to the supply terminals; such electric

supply lines may be used by the authorized distri-

butor for the purpose of supply to other consumers,

provided such use does not prejudicially affect the

supply of electrical energy to the owner or occupier

who first required such electric supply lines to be

laid down or erected as aforesaid; but, in any such

event, such owner or occupier shall be entitled to



Rev. 19861

lectric PowerAP. 3145cla im f rom and be pa id by each consum er subse-quently connected to such electric supply lines such

sum as m ay be determined by the authorized distri-butor as a fair and just proportion of the amount

originally paid by such owner or occupier in respectthereof, and every consum er so connected f rom t imeto t ime shall l ikew ise be entit led to claim from andbe paid by every other consum er so connected af terhim such sum as may be determined by the

authorized distr ibutor as a fair and just propo rt ion

of any am ount theretofore paid by him b y way ofcont r ibut ion to any con sumer so connected beforehim.

(2) Every owner or occupier of premises requiring a

supply of e lectrical energy sh all—

(a) serve a notice upo n the authorized distributor specify-ing the prem ises in respect of which the supply i s

required , and the maxim um power required to besupplied, and the day (not being an earl ier day thana reasonable time after the date of the service ofthe notice) upon which the supply is required to

commence: and

(b)if required by the autho rized distributor, enter into awritten contract with him to continue to receive andpay for a supply of electrical energy, by way ofreturn on the outlay incurred by the authorizeddis tr ibutor in providing or m odifying any e lec tr icsupply lines or otherwise for the purpose of thesupply as requis i tioned un der thi s sec tion and notrecoverable f rom such owner or occupier under sub-section (1), for such period and of such annualvalue (by way of percentage on such outlay)as the authorized distributor would be entitled torequire under subsection (1) of section 25 if

such electr ic supply l ines were d istribut ing m ains,and, if required by the authorized distributor,shall give to him security for the paymentto him of all moneys which may become dueto him b y the ow ner or occupier in respect of anyelectric supply lines to be furnished o r mod ified bythe authorized distributor or any other outlay asaforesaid, and in respe ct of the supply of electricalenergy by the authorized distributor.




(3) Notwithstanding anything in this section contained—

(a ) the owner or o ccupier of any prem ises shall not beent i tled to dem and o r cont inue to receive for otherthan norm al and regular use f rom any author izeddistributors a supply of electricity for any premiseshaving a separate supply o f electrici ty or a sup ply( in use or ready for use for the purposes for w hichsuch em ergency sup ply of electricity is required) ofgas, steam or other form of energy, unless suchown er or occupier has agreed w ith the dis tr ibutorst o pay t o them such min imum annua l sum as wi l l

give them a reasonable re turn on the capita l expen-diture incurred by them in providing such em ergencysupply and will cover other standing charges incurredby them in order to meet the possible maximumdem and for those premises; and the sum to be sopaid shall be determined in default of agreement byarbitration;

(b)if the owner or occupier of any such prem ises as afore-said uses any form o f apparatus, lam p, or burner, oruses the electrical energy supplied to him by theauthorized distributor for any purposes, or deals withi t in any m anner , so as to in te rfe re unduly or im-properly with the efficient supply of electrical energyto any other bod y or person by the autho rized distri-butor, the authorized distr ibutor m ay, i f he thinksfit , discontinue to su pply electrical energy to thoseprem ises so long as the apparatus, lam p or burner is

so used, or the electr ical energy is so used or deal twith;

(c)the author ized dis t ributor shal l not be com pel led togive or to continue to give a supply of electricalenergy to any premises unless he is reasonablysat isfied that the electr ic supply l ines, fi tt ings andapparatus therein are in goo d order and con dit ion,and are n ot calculated to affect injuriously the use

of electrical energy by the au thorized distributor orby other persons.

(4) If any difference arises unde r this sect ion a s to theamo unt to be defrayed by any owner, occupier or consumer,or as to an y im proper use of e lec tr ical energy, or as to anyalleged de fect in any electric supply lines, fittings or apparatus,that difference shal l be determ ined, upon the appl ication ofany perso n or party interested, by an electrical inspector.



Rev. 1986]lectric PowerAP. 3147(5) Forms of requisi tion, emb ody ing therein a sui table

note drawing attention to the provision s of this section, shall

be kept by the a uthorized distributor at his office, and a copyshall, on application, be supplied free of charge to any ow neror occupier of premises wi thin the area of supply, and an yrequisition so supplied shall be deem ed valid in point of form .

28. The authorized distributor shall not give or continue When electricalenergy

to give a supply of electr ical energy to any premises or any not be shal l

part thereof—upplied.27 of 1952, s. 5.

(a) if the supp ly of electrical energy to such prem ises or

to that part thereof is prohibited by any rules m adeunder this Act;

(b)i f the prem ises or that part thereo f is the sub ject ofan order for dem oli tion m ade at the instance of thepubl ic or local author i ty w i thin the area of wh osejurisdiction the premises are situate.

29 . ( I) The maximu m power wi th which any consum ershall be enti tled to be supplied shall be of such am ount as hemay require to be suppl ied with, not exceeding what m ay bereasonably anticipated as the maximum power demand on hispremises :

Provided that where any consumer has required the

authorized dis t r ibutor to supply him with a m aximum powerof any specified am oun t, he shall not be entit led to alter thatm aximu m except upon giving to the author ized dis t ributorsuch no tice, not being less than on e m onth, as the Minister

may in the circumstances of each case direct, and any ex pensesreasonab ly incurred by the authorized distributor in respect ofthe service lines by which electrical energy is supplied to theprem ises of that consu m er, or of any fitt ings or apparatus ofthe authorized distributor upon those prem ises, conseque ntupon the al teration, shall be paid by him to the authorizeddist ributor , and shal l be a c ivi l debt recoverable sum m ari ly.

(2) If any difference arises between any su ch own er or

occupier and the author ized d is tr ibutor as to wh at may bereasonably anticipated as the consumption on his premises oras to the reasonableness of any expenses u nder this sect ion,that difference shall be determined by an electrical inspector.

30. (1) Twenty-four hours' notice in writing shall begiven to the authorized distributor by every consum er beforehe qui ts any prem ises suppl ied with electr ical energy b y theauthorized distributor, and, in default of such notice, the

consu m er so quitting shall be liable to pay to the autho rized

Maximumpower toconsumers.27 of 1952, Sch.

Notice to begiven tolicensee beforeremoving.




Supply of

energy to

public lamps.

Price for

supply to

public lamps.

Penalty for

failure to

supply

distributor the money due in respect of such supply up tosuch time as no tice of rem oval is given or up to the next usua lperiod for ascertaining the register of the meter or otherwise

for determining the charges due on su ch premises, or to thedate from which any sub sequent occupier of such premisesm ay require the authorized distributor to supply electricalenergy to such premises, whichever first occurs.

(2) N otice to the effect of this section shall be end orsedupon any dem and no te for charges for electrical energy :

Provided that nothing in this section shall invalidate anyagreem ent entered into between the authorized distributor andany consu m er as to the period for which a supply of electricalenergy shall be taken by such consum er.

31 . Where a public or local authority is not theauthorized d istributor, the authorized d istributor shall , uponreceiving reasonable not ice from a publ ic or local authori tyrequiring him to supply electrical energy to any public lampswithin the distance of seventy-five yards from any d istributingm ain of the authorized distributor in which he is for the time

being required to m aintain a supply of electrical energy for thepurposes of supp ly under the d istributing licence, or under therules made under this Act, give and continue to give asupply of electrical energy to those lamps in su ch quantities asthe public or local authority ma y require to be supplied.

32 . Where a public or local authority is not theauthorized distributor, the price to be charged by theauthorized d istributor and to be paid to him for all electrical

energy suppl ied to the publ ic lamps, and the m ode in wh ichthose charges are to be ascertained, shall be settled by agree-m ent between the pub lic or local authority and the authorizeddistributor, and in case of difference sha ll be determ ined byarbitration, regard being had to the circum stances of the caseand the distributing m ains or other electric supply lines, if any,which m ay have to be la id for the purpose , and the pr icescharged to ordinary consumers in the district.

33. (1) Subject to any agreement which m ay be enteredinto between an authorized distributor and a consumer asprovided for by section 74 whenever the authorizeddistributor makes default in supply electrical energy toany owner or occupier of premises to whom he maybe and is required to supply electrical energy un der the distri-buting licence, he shall be liable in respect of each d efault toa penalty not exceeding sixty sh illings for each day o r part ofa day on which the defau lt occurs.



Rev. 19861lectric PowerAP. 3149(2) W here a pub lic or local authority is not the authorized

distr ibutor, and the au thorized distr ibutor m akes de fault in

supplying electr ical energy to the pu blic lam ps to which hemay be and is required to supply electr ical energy und er thedistributing licence, the authorized d istributor sha ll be liablein respect of each default to a penalty not exceeding tenshillings for each lam p, and for each day on wh ich the defaultoccurs:

Provided that where the failure of the light from anylamp is due to an y defects in the lam p or fi tt ings belongingthereto (but exclud ing any electric supply lines) this penaltyshall not apply, and in such case the liability of the autho rizeddistributor shall be such as may be specified in any agreementbetween the authorized distributor and the public or localauthority parties to the agreement.

(3) Whenever the authorized distributor makes default insupplying electrical energy in accordance with the terms of therules mad e under this Act, he shall be liable to such penaltiesas are prescr ibed by the rules in that behalf.

(4) The penalties to be inflicted on the autho rized distri-butor under this section shall in no case exceed in the aggre-gate in respect of an y d efaul ts, not being wilful defaul ts , onthe part of the authorized distributor the sum of one thousandfive hundred shi l l ings for any one d ay, nor shal l any penal tybe inflicted in respect of any default if the court is of opinionthat the defaul t was caused by inevi table accident or force

majeure, or was of so slight or unimportant a character asnot m aterially to affect the value of the sup ply.

34. (1) The Minister may grant a local gen erating licencesubject to the provisions of this Act to any authorizeddistr ibutor to gen erate electrical energy for the purpo ses ofthe distributing licence of such au thorized distributor.

(2) W here the du rat ion o f a local generat ing l icence i sl imited, the l icensee m ay, within a period of no t more thanfive years (or such greater period as the Minister ma y in anyparticular case perm it) and not less than three years from the

date nam ed in the l icence for i ts terminat ion, make ap pl ica-t ion to the Minister for a renewal of such loca l generatinglicence; such application shall be mad e after public advertise-ment in manner prescribed by section 129.

(3) W ithin s ix m onths after the receipt of such appl ica-t ion and af te r such inquiry as he m ay deem necessary , theMinis ter m ay grant the appl ication on such terms and con-di t ions and for such per iod as he m ay deem f it , or he m ay

refuse the application :

Local generating

licence.

L.N. 36/1961.




Applicationfor localgeneratinglicence for areawithin oradjacent tobulk supply area.27 of 1952,s. 13 and Sch.,L.N. 36/1961,5 of 1965, s. 8.

Licence togenerate maybe refused ifbulk supplyis cheaper.

Grounds onwhich localgeneratinglicence maybe refused.

Provided that the Minister ma y in his absolute discretion,where the ci rcumstances a re such as in h is opin ion rendersuch a course necessary, exercise the powers conferred upon

him by this section notwithstanding that mo re than six monthsafter the receipt of the application hav e expired.

(4) W here no such ap plication for renewal of the licencehas been m ade by the l icensee or where such application hasbeen refused, subsequent proceedings shall be in accordancewith the provisions of sections 123 and 124, as the casem ay be, and as i f the licence terminated had b een revokedand the d ate of revocat ion w ere the date of expirat ion of the

licence.35. (1) Where any application is made for a local

gene rating licence, and the distributing area for wh ich localgenerat ion is proposed is not whol ly within any bu lk supplyarea, but is in such proxim ity or so situated that in the opinionof the Minister the supply o f electrical energy for such distri-but ing area may appropriately be provided b y a bu lk supplylicensee, the Minister may o rder that for all purposes of thissect ion such dis t ribut ing area shal l be deem ed to be w hollywithin the bulk supply area of such bulk supply licensee.

(2) W here any application is made for a local generatinglicence and the distributing area for which local generation isproposed is wholly within a bulk supp ly area, and after con-siderat ion and inqu iry i t appea rs that the est ima ted cost ofprodu ction of electrical energy by the applicant for a localgenerating l icence w ill equal or exceed the price at whichelectrical energy is capable of being del ivered and suppl ied

by a bulk supply l icensee , the M iniste r may order tha t theapplication for a local generating licence au thorizing the localgenerat ion of electr ical energy be refused, and that a dis t ri -buting l icence be g ranted to the applicant to receive a bulksupply of electrical energy from the bulk su pply licensee andto use or supply the same wi thin such area on the terms ofthe distributing licence, and the Minister may also order thatthe bulk supply licensee shall, within the compu lsory area (ifany) on being required so to d o, or elsewhere within the bulksupply area by agreemen t with the applicant make del ivery ofsuch electr ical energy in the mann er and on the cond it ionsspecified by this Act and the rules made thereun der.

(3) If and where the M inister finds that the est imatedprice of any proposed supply of electrical energy from a bulksupply licensee to any a pplicant for a local generating licenceis higher than the proba ble price of a locally generated supply.but where the Minister nevertheless is of opinion that it would



Re v. 19861

lectric PowerAP. 3141be to the public advantage that such applicant should take

a supply from a bulk supply licensee instead of generating

locally, the Minister may order that the supply shall be takenfrom the bulk supply licensee:

Provided that-

(i) the price of the supply by the bulk licensee per kelvin

shall be not materially greater than the price of local

generation;

(ii) in arriving at a decision on this point, regard shall be

had to all the circumstances of the case;

(iii) the bulk supply licensee shall agree to accept as the

price to be paid to him for the supply, for a period

to be agreed and approved by the Minister, the price

he has named in his estimate or tender.

(4) In any case where the Minister after inquiry considers

that an applicant for a local generating licence cannot obtain

a supply of electrical energy from a bulk supply licensee, or

that the applicant will be able to generate electrical energy,

in what shall be in the opinion of the Minister comparable

circumstances or conditions, at a lower price than the lowest

price at which such electrical energy could be supplied by

a bulk supply licensee, the Minister may grant such local

generating licence for any period whether limited or unlimited,

subject to the following conditions—

(a) (i) where the distributing area being or to be supplied

from the generating station of a local generating

licensee is not wholly within a bulk supply area andany application is made to the Minister for a bulk

supply licence or for a local generating licence for

any area within the limits of economical transmission

from the generating station of the local generating

licensee, as referred to in section 7 and in

the opinion of the Minister the situation of

the generating station of the local generating licensee

is suitable for the generation of the supply of elec-

trical energy for the purpose of the applicant, it shall

be incumbent on the local generating licensee within

the time specified in that behalf in the public notice

of the application, or within thirty days after having

received notice in that respect from the Minister to

make a representation to the Minister stating his

intention of making application for a bulk supply

licence for an area to include the area referred to

in the application for a bulk supply licence or for

Provision whichmay be madewhere localgeneration willalone be possibleor will be

cheaper in thefirst instance.




a local generating licence, as the case may be, or

alternatively, stating his objection and the reason

for his objection to the notice of the Minister;

(ii) the Minister, after such inquiry as he thinks fit, shall

decide either to uphold the local generating licensee's

objection to the notice, or shall refuse to uphold

such objection and shall notify the local generating

licensee accordingly, when the local generating

licensee may, within thirty days from the date of

such notice, make a further representation to the

Minister, stating his intention of making an applica-

tion for a bulk supply licence for an area to includethe area referred to in the application for a bulk

supply licence or for a local generating licence, as

the case may be;

(iii) where the local generating licensee so notifies his

intention to make such application for a bulk supply

licence, he shall at the same time deposit with the

Minister the sum of seven hundred and fifty shillings

in earnest of his intention of making such applica-tion, which shall be made in the manner herein

prescribed within ninety days of the receipt by the

Minister of such notification; and if the local generat-

ing licensee fails to make such application within the

time specified the deposit so made shall be forfeited;

(iv) where the local generating licensee so fails as afore-

said to make such application, the Minister shall

proceed to consider the application for a bulk supply

licence or for a local generating licence, as the case

may be, and in any bulk supply licence which may

be granted may give the bulk supply licensee named

therein power compulsorily to acquire forthwith the

works of such local generating licensee under the

loca l genera t ing l icence ;

(v ) before so granting any such powers to a bulk supply

licensee to acquire compulsorily any works of a local

generating licensee, the application of the applicant

for a bulk supply licence and for the revocation of

the local generating licence shall be made in themanner herein provided;

(b ) (i) where the distributing area being supplied from

the generating station of a local generating licensee

is wholly within a bulk supply area, the bulk supply

licensee may within six months after the expiration



Rev. 19861lectric PowerAP. 3143of a period of five years from the date of the local

generating licence, or such o ther period as is specified

in that behalf in the local generating licence, orwithin six months after the expiration of every sub-

sequent period of three years or such other period

as is specified in that behalf in the local generating

licence, make application to the Minister for the

revocation of the local generating licence in the

manner herein provided; and in addition to the

notices required to be given under this Act the

bulk supply licensee shall serve copies of thenotice and of the application upon the local

generating licensee;

(ii) if the Minister is satisfied that the consumers in the

distributing area and in any other area concerned

will not be unduly prejudiced by the grant of theapplication, he shall revoke the local generating

licence;

(c ) where under this subsection the Minister revokes a

local generating licence, the bulk supply licensee

shall purchase the works under the local generating

licence; and the price to be paid in respect of such

purchase and the compensation (if any) to be paid

to the local generating licensee and the price to be

paid by the authorized distributor being the local

generating licensee to the bulk supply licenseemaking the purchase for the supply of electricalenergy by such bulk supply licensee shall be deter-

mined by an arbitrator, who for the purposes of this

section shall be approved by the Minister, subject

to the following conditions-

(i) the price to be paid for such works shall be theirfair market value at the time of the purchase,

due regard being given to the nature and then

condition of such works or any of them andto the state of repair thereof and to the circum-

stance as to whether they are in a condition as

to be ready for immediate working and to the

suitability of such works or any of them for anyof the purposes of the bulk supply licencesubject to the provisions as to land contained

in subsection (1) and to the provisions of sub-

section (2) of section 138;




(ii) where any claim is made by the local generating

licensee for compensation in respect of the com-

pulsory purchase, such claim may be in respect

of the loss of capital expended on the works

under the local generating licence incurred or

which may be incurred by any depreciation of

the value of the said works or any of them

owing to the unsuitability of any of them for

the purposes of the bulk supply licence because

of conditions or circumstances not reasonably

in the control of the licensee as the local generat-

ing licensee or as the authorized distributor (butnot because of depreciation due to any other

cause), or in respect of a reasonable profit on

the capital expended on the works under the

local generating licence to the date of purchase,

but not in respect of goodwill or of any other

profits which may or might have been made

from the works under the local generatinglicence, except in so far as any such profits

would if made have represented or been areasonable profit as aforesaid on the capital

expended on such works to the date of purchase

as aforesaid;

(iii) in considering any such claim or any part of any

such claim, the arbitrator shall have regard to

the circumstances as to whether and to what

extent the depreciation from any cause as afore-

said of the value of any works under the localgenerating licence has been caused by or is due

to any condition or circumstance which was or

could reasonably be considered to have been

within the control of the licensee under the

local generating licence or under the distributing

licence and to the circumstance as to whether

and to what extent (if at all) the failure to obtain

a reasonable profit on the capital expended or

the failure to show in the statements of accountsunder the local generating licence a reasonable

profit on the capital expended on the works

under the local generating licence has beencaused by or is due to any condition or circum-

stance which was or could reasonably be con-

sidered to have been within the control of the

licensee under the local generating licence or

under the distributing licence;



Rev. 19861lectric Powe rAP. 3145(iv)i f the arbi trator con siders that the dep reciat ion

in respect of which the cla im is m ade has beencaused by or is due to any condition or circum-

s tance as contem plated in subparagraph ( i ii ) ,he shall not award any compensation inrespect of such claim, but if he considersthat such depreciation has not been causedby or i s not due to or has been cau sed only inpart by or is due only in part to any su ch con-dition or circumstance as aforesaid he m ay, withdue regard to the extent to wh ich ( i f at all ) the

depreciation in respect of which the claim ismad e has been so caused or is so due as afore-said, award such sum as compen sation in respectof such claim as h e thinks fit:

Provided that any sum so awarded shallnot exceed the am ount of the difference betweenthe fa ir market value of such wo rks or any ofthem a t the t ime of the purchase (having dueregard to the nature and then condit ion of suchworks or any of them an d to the s tate of repairthereof and to the circum stance as to whetherthey are in a condit ion as to be ready for imm e-diate working and to the suitability of the samefor the purposes under the local generatingl icence) and the sum or valuat ion paid or to bepaid in respect of such works or any of them bythe bulk supply licensee under subparagraph ( U ;

(v)if the arbitrator considers that the local generat-ing licensee has ob tained a reasona ble profit, orthat the failure to obtain a reasonab le profit orthat the failure to show in the statements ofaccount under the local generating licence areasonab le profi t on the capital expen ded onthe works und er the local generating licence hasbeen caused by or is due to any such condi t ion

or circumstance as is contemplated in sub-paragraph (iii), he shall not award any com-pensation in respect of any claim relatingto any such profits or in respect of anyother profits which might have been madefrom the works under the local generatinglicence, but if the arbitrator considersthat the local generating licensee has notobtained a reasonable profit on the capital



46AP. 31 4lectric PowerRev. 1986

expended on the works under the local generat-

ing licence and that the failure to obtain such

reasonable profit was not caused by, or is not

due to, or has been caused only in part by or isdue only in part to any such condition or cir-

cumstance as aforesaid he may, with due regard

to the extent to which (if at all) the failure to

obtain such reasonable profit in respect of

which the claim is made has been so caused

or is so due as aforesaid, award such sum in

respect of such claim as he thinks fit :

Provided that any sum so awarded shallnot exceed an amount which when added to

the total of the net revenue received and to any

money other than capital moneys which will be

available for distribution would equal ten per

centum per annum on the capital expended on

the works under the local generating licence

from the date of the subscription of such capital

to the date of purchase;

(vi ) the price or prices to be paid by the authorized

distributor being the local generating licensee

to the bulk supply licensee for the supply of

electrical energy to be given to him by the bulk

supply licensee for the purposes of his distri-

buting licence in lieu of the supply generated by

him under his local generating licence, unless

agreed upon between the authorized distributor

and the bulk supply licensee, shall not exceedsuch maximum price or prices as may be deter-

mined by arbitration, subject nevertheless to

revision of such maximum price or prices at any

time after the expiration of three years from

the date of determination as aforesaid, and

thereafter at intervals of not less than three

years, in the manner provided by section 72;

(vii) in considering the maximum price or prices tobe paid as aforesaid, the arbitrator shall have

regard to the circumstances and nature of the

supply and of the demand, and to the price or

prices charged or shown or which should or

might have been charged or shown in the

accounts under the local generating licence, as

well as all such other factors and conditions as

may to him appear relevant;



Reve. 19861lectric PowerAP. 3147(viii) nothing contained in this subsection shall

preclude the authorized distributor from the

benefits to which he may be entitled under sub-

section (2) of section 75 or, if any price payable

by the authorized distributor to the bulk supply

licensee for such supply of electrical energy by

virtue of this subsection is lower than the price

payable by other authorized distributors for

what may be considered as a similar supply, the

circumstances and conditions of the demand

and supply referred to in subsection (2) of

section 75 shall be deemed to be different,owing to the compulsory acquisition by the bulk

supply licensee of the works of the local generat-

ing licensee, being such authorized distributor;

(ix) where a bulk supply licensee is authorized under

this subsection to acquire compulsorily any of

the works of a local generating licensee, the

bulk supply licensee shall serve a notice inwriting requiring the local generating licensee

to sell, and thereupon the local generatinglicensee shall sell to him his works suitable to

and used by him for the purposes of his local

generating licence upon the terms and condi-

tions as provided in this subsection.

36. Subject to sections 19 and 23, the Ministermay alter or vary any provision of a licence or may

reduce or extend or in any way alter any area or areasof supply the subject of any licence or licences uponsuch terms and conditions as he may think fit, when, on the

application in the prescribed form of any licensee under such

licence or any of such licences, or any public or local authority,

company, person or body of persons applying for a licence

to generate or supply electrical energy over and within any

area adjacent to the area or areas of supply aforesaid, it is

shown to the satisfaction of the Minister that the granting of

the application will be equitable to the licensee and consumersin every area of supply concerned or affected, and that no

licensee or consumer in any area of supply will be unduly

prejudiced thereby.

37. (1) Any licensee under this Act who is authorized

by two or more distributing licences to supply electrical

energy in two or more adjacent areas of supply may make

application to the Minister for the consolidation of such

Minister may

alter areas orvary licences

where equitableto all parties.

L.N. 36/1961,

19 of 1964, s. 2,

5 of 1965, s. 9.

Consolidation

of licences

held by same

licensee.

27 of 1952, s 6,

L.N. 36/1961.




licences, and the Minister may, if it is shown to his satisfaction

that the granting of such an application will be in the interests

both of the consumers in every area of supply concerned as

well as of the licensee, revoke the existing several licences heldby the licensee in respect of such areas and grant to the licensee

in their stead a consolidated licence in respect of an area of

supply comprising the areas formerly covered by the several

licences :

Provided that the provisions of section 123 shall not

apply to the revocation of any licence by the Minister under

this section.

(2) An application under this section shall be made by

the licensee after advertisement in the manner prescribed by

sect ion 12 9 :

Provided that-

Obligation topurchase workson portion ofarea transferred.

(i) the period prescribed by subsection (4) of that section

for the making of representations or objections shall,

whatever the nature of the application, be thirty

days; and

(ii) the advertisement shall clearly direct the attention of

any local authority concerned to the provisions of

section 19.

(3 ) Where simultaneous applications have been made by

a licensee under this section and under section 36 for the

alteration of the area of supply to which any of the

distributing licences mentioned in this section relates,the Minister may, subject to the provisions of the said

section 36, take any such alteration into account in deter-

mining the area of supply to be covered by any consolidated

licence granted under this section.

(4 ) The Minister may, if in his opinion it is equitable so

to do, include in any consolidated licence granted under this

section such terms and conditions, whether or not they are

the same as or similar to the terms and conditions containedin the distributing licences revoked by him hereunder, as he

may think fit.

38. Where the granting of such application entails the

acquisition, by one licensee for the purposes of his licence, of

any portion of the area of supply of any other licensee, on, in,

over or within which the latter has any works erected and

installed for the purposes of his licence, the latter shall sell



Reve. 19861lectric Pow erAP. 3149and the former shall purchase such works, and the value shallbe determined in the m anner hereinafter provided:

Provided that any works o f the latter l icensee which m aynot be situated within the area of supply to be acquired, butwhich would be rendered superfluous to him by reason o f suchalteration of his area of supply, shall also upon the request ofthe latter licensee be purchased b y the form er, who shall paythe value to be determined in the mann er hereafter provided.

39. Licensees may, subject to the approval of the

Minister, enter into agreements to co-operate for any of thepurposes o f their l icences, subject to the provisions o f thisAct; but the approval of the M inister shall not be granteduntil the expiration of two m onths after public notice hasbeen given, as provided for by section 129, of the intentionto enter into such agreem ent together with the object thereof.

Licensees mayco-operate for

purposes oftheir licences.L.N. 36/1961.

40. (1) The licensee shall not purcha se or acquire the Licensee not to

undertaking of, or associate himself with, any public or local pnderurchase other

utakings.

authority. com pany, person or body of persons supplying L.N. 36/1961.

electr ical energy u nder any licence, unless the licensee isauthorized by the Minister to do so.

(2) If in contrave ntion of this section the licensee pu r-chases or acquires any such und ertaking, or associates himselfwith any such o ther publ ic or local authori ty , com pany,person, or body of persons, the Minister may, if he thinks fit.revoke the licence upon such terms as h e thinks just.

41. (1) The area of supply shall be the area nam ed forthat purpose in the licence.

(2 ) The licensee shall not at any time supply electr icalenergy o r (except for the purpose of a l icence) erect or laydown an y works beyo nd the area of supply otherwise than asmay be perm itted un der authority of the Minister either undersubsection (3) or under section 39.

(3 ) W here the owner o r o ccup ie r o f any p rem ises i sdesirous of obtaining a supply of electrical energy from anylicensee within whose licensed area of supply those prem isesare not situate, the Minister m ay, with the consent of thelocal authority (if any) within who se district the prem ises aresituate and the licensee (if any) authorized by licence to supplyelectrical energy to such premises, authorize the first-mentionedlicensee to supply electrical energy to those premises on such

Area of supplyand regulation

of supplybeyond area.

L.N. 36/1961.




terms and subject to such conditions as the Minister may thinkfit :

Provided that-

(i ) if in the opinion of the Minister any consent requiredby this subsection is unreasonably withheld, the

Minister may proceed as if such consent had beengiven;

(ii) the authority granted under this section shall lapse

with the termination, for whatever cause, of thel icence.

(4 ) An authority given by the Minister under subsection

(3) of this section shall, unless it specifically states otherwise,confer all and any such powers and rights and impose all and

any such duties on the licensee, and on any such other public

or local authority, company, person or body of persons as

may be in any manner interested or concerned, as would have

been conferred or imposed by this Act if the premises

and the route along which the electric supply lines are to be

laid for the purpose of giving supply were, for all purposes

of this Act, within the licensee's area of supply, anything in

the licence notwithstanding :

Provided that, in any case where the licensee is not a local

authority but his area of supply is situated wholly within the

jurisdiction for other purposes of any local authority, all works

constructed, erected, laid or installed by him under such

authority as aforesaid shall, so long as such authority remains

in force, be deemed, for all purposes of section 19 of this

Act, to form part of his undertaking within such juris-

diction, and the premises and route aforesaid shall, for the likeperiod and purposes, be deemed to be situated within suchjurisdiction.

(5 ) If the licensee supplies electrical energy or erects or

lays down any works in contravention of this section, the

Minister may revoke the licence on such terms as he thinksjust.

Sec ur i ty for

execut ion ofworks.2 7 of 1952,s. 13,L.N. 36/1961,L.N. 374/1964.

42 . The following provisions shall apply as to giving

security in cases where the licensee is not a public or localauthority—

(a ) the licensee within a period of six months after the

grant of the licence, and before exercising any of the

powers conferred by that licence on him in relation

to the execution of works, shall show to the satis-

faction of the Minister that he is in a position fully

and efficiently to discharge the duties and obligations



Rev. 1986]

lectric Powe rAP. 3141imposed upon him b y that l icence throughout thearea of supply;

( 6 ) the licensee shall also, within six m onths after thegrant of the licence, or within such ex tended periodas m ay be approved b y the Minister , and beforeexercising any of the powers conferred on him inrelation to the execution of works, deposit or secureto the satisfaction of the Minister such sum as m aybe fixed by the licence, or if not so fixed as m ay berequired by the Minister;

(c)if the licensee fails to show to the satisfaction of the

Minister within any such p eriod as aforesaid that heis in such a position as abov e-men tioned, or fails todeposit or secure such su m a s aforesaid, the Ministerm ay, after considering any representations whicha public or local authority m ay m ake, revoke thel icence as to the who le or , with the consent of thelicensee, any part of the area of supply upon suchterms as he thinks just;

(d )the said sum deposi ted or secured by the l icenseeunder this section shall be repaid or released to himin equal portions, when and so soo n as it may becer t if ied by an inspector (to be appointed by theMinister) that amounts equal to the sums so tobe repaid or released have been expended by thelicensee upon works ex ecuted for the purposes of theundertaking or that electric supply lines have b eenduly laid down o r erected in accordance with the

provisions of the licence in e very street or part of astreet in which he is required by that licence to laydown or erect electric supply lines within a limitedtime, or at such earlier dates and by su ch instalmentsas may be approved by the Minister;

(e)where the area of supply includes the districts or partsof the districts of two or m ore local authorities, theMinister may require the deposit to be mad e or the

securi ty to b e given in respect of those d istr ic tsseverally, and in that case the deposit or securityshall be repaid or released separately as to eachdistrict.

43 . W here any pub l ic or local authori ty , comp any,person or body of persons holds a licence or licences, theaccounts of each un dertaking u nder each licence shall , unlessspecifically exempted b y the Minister as provided by section

44,be sub jec t to the provisions of this Act, and be kep t

Separateaccountsfor eachundertaking.27 of 1952, s. 13,L.N. 36/1961.




Form of

a c c o u n t s .2 7 o f 1 9 5 2 ,s . 13 and Sc h. ,L.N. 36/1961

separate and distinct and in the manner and form prescribed

by this Act :

Provided that-

(i) the Minister may direct that the operations of alicensee holding more than one licence in respect of

separate or contiguous areas of supply may be treated

as a single undertaking for the purposes of this

section and of section 47;

(ii) a licensee holding two or more licences, the operations

under which are not to be treated as a single under-

taking under paragraph (i), or conducting any

business or operations independent of his licenceor licences, shall be entitled nevertheless to keep

in the prescribed form additional or alternative

sets of accounts, to be termed the Head Office

Accounts, in respect of all such items as, in theopinion of the auditor appointed under section

45, cannot properly or reasonably be attributed

or allocated to, and included in, the accounts

of the undertaking of any one of such licencesexclusively.

44. (1) Every licensee, excepting only such persons as

have merely an authorization under paragraph (b ) of sub-

section (2 ) of section 4 and such other licensees

as the Minister may specifically exempt from the provisions

of this section, shall on or before the 30th June in every

year fill up annual statements of accounts of the undertaking

made up to the 31st March then next preceding, and such

statements shall, in the case of a licensee who is not a publicor local authority, be in the form and contain the particulars

prescribed in the forms set out in the First Scheduleand in the case of a licensee who is a public or localauthority be in the form and contain the particularsprescribed in the forms set out in the Second Schedule to this

Act, and such statements shall be published in such manner

as may from time to time be prescribed; the licensee shall

deliver to the Minister copies of such annual statements

of accounts, and shall keep copies of such annual statements

of accounts at his office in the area of supply and sell the same

to any applicant at such price as the Minister may approve

for the copies of such statements for any one year.

(2) In case the licensee makes default in complying with

the provisions of this section, he shall be liable to a penalty

not exceeding sixty shillings for each day during which such

default continues.



Rev. 19861

lectric PowerAP. 3143(3) If any licensee shows to the Minister that som e other

dates are, owing to special circum stances, more con venient in

his case than the 30th June an d the 31st March, the Ministerm ay subst i tu te such o ther da tes for the sa id 30th June andthe 31st March, and this section shall as respect such licenseebe construed with the substituted date.

45. The following provisions shall apply as to the auditof accounts where the licensee is not a public or local

authority—

(a ) the annua l stateme nt of accounts of the und ertakingshal l be exam ined and audi ted by such competentand im part ia l person as the Minis te r may appointor approve, and the remuneration of the auditor shallbe such as m ay be agreed or as the Minis te r maydirect, and such remuneration, and all expensesincurred by the audi tor in or about the execut ion ofhis dut ies , to such an am ount as ma y be agreed, oras the Minis ter ma y approve, shal l be paid by the

licensee on d emand, and shall be a civil debt recover-able summarily;

( I ) ) the auditor shall at any time investigate and report tothe Minister upon any such particular matters orthings relat ing to or arising o ut of the accoun ts ofthe l icensee published pursuant to the provisions ofthis Act as the Minister may from time to time

require;

(c)the licensee shall give to the auditor and his clerks andassistants access to such of the books and d ocum entsrelating to the un dertaking as are necessary for thepurposes of the audit, and shall when requiredfurnish to him an d them al l vouchers and informa-t ion requisi te for that purpose, and sh all afford tohim an d them all facili ties for the proper ex ecutionof his and their duty;

(d)the Minister m ay m ake rules prescribing the t imes a tand the m ode in which the audi t shall be made andconducted, or otherwise for the purpose of g ivingeffect to the provisions of this section;

(e )any report made by the auditor, or such portionthereof as the Minister may d irect, shall be appendedto the annual statement of accounts, and shall form

part thereof for the purposes of section 44.

Audit ofaccounts.L.N. 36/1961.



54AP. 314lectric PowerRe v. 1986

Applicationof moneyreceived bypublic or localauthority aslicensee.

46. (1) Whe re a public or local authority is the licensee,al l money s received by the l icensee in respect of the und er-taking, except borrowed m oney, and m oney arising from the

disposal of lands acquired for the purposes o f the licence, andother capital m oney received b y i t in respect of the under-taking, shall be applied by it as follows—

(a) in payment of the w orking and establishment expensesand cost of maintenance of the undertaking, includ-ing all costs, expenses, penalties and damagesincurred or payable by the licensee consequent uponany proce edings by or against the l icensee, or i ts

officers or servants, in relation to the undertaking :Provided that-

(i)for the purpose of m aking the perform ance ofthe licence (as reflected in the statements ofaccounts of the undertaking of a licensee beinga public or local authority and of a licensee notbeing a p ublic or local authority, respectively)readi ly and t ruly com parable , when and af ter

the supply of electrical energy from or throughany part of a licensee's works or undertaking isbegun, there shall appear in the accounts of theundertaking from y ear to year an allowance fordepreciation of such works or such part thereof,which shal l be of such amo unt as i s usual forworks of the same n ature and class;

(ii)the am ounts of the deprecia tion so determinedfrom y ear to year shal l be a charge against the

gross revenue of the und ertaking, and shal l beshown to the credit of a depreciation fundaccount;

(iii)the amo unts so credited to the depreciation fundaccou nt shall be paid to and set aside for thepurposes of that account , or may thereafter betransferred to and used for the purposes ofproviding any insta lm ents or s inking fund as

referred to in paragraph (c);(b ) in paym ent of the interes t or dividend on any m or t -

gage s, stock, or other securities granted and issuedby the licensee in respect of money b orrowed for thepurposes of the licence;

( c ) in providing any instalmen ts or sinking fund requiredby the l icence to be provided in respect of capi ta lmoneys borrowed for the purposes of the licence;



Rev. 19861lectric PowerAP. 3145(d )in paym ent of all its other expenses of executing the

licence, not being expenses properly chargeable to

capital;(e)in providing a reserve fund, by se t ting aside such

mo ney as i t thinks reasonable or as may be statedin the licence, and investing the money and the result-ing income thereof in any securities in which trusteesare by law for the t ime being authorized to invest ,other than stock or securit ies of the l icensee, andaccum ulating it at compo und interest until the fund

so formed am ount s in the case of a bu lk supp lylicence to one-third, and in the case of a distributinglicence to one-tenth, of the aggregate capital expen-diture on the undertaking;

(f)the reserve fund shal l be applicable to answer anydeficiency at any t ime happening in the incom e ofthe licensee from the un dertaking, but so that if that

fund is a t any t ime reduced i t shal l thereaf ter beagain restored to the prescribed l imit , and so on asoften as the reduction happens;

(g )the licensee shall apply the net surplus rem aining inany year and the annual proceeds of the reserve fundwhen am ounting to the prescribed limit to the reduc-tion of the capital mo neys borrow ed for the purposesof the licence:

Provided that, if the surplus in any yearamo unts to or exceeds f ive per centum per annumupon the aggregate capital expenditure on the under-taking, the licensee shall ma ke such rateable reduc-tion in the charge for the supply of electrical energyas will reduce the surplus to a rate of profit equal totwo and a half per centum.

(2) W here a public or local authority is the licensee, all

mo neys arising from the disposal of lands acquired by it forthe purpos es of the l icence, and al l other capital m one ysreceived by it in respect of the undertaking, shall be appliedby it in the reduction of the capital mo neys borrowed by itfor the purposes of the licence.

47. (1) Where the licensee is not a public or localauthority the following provisions as to interest and dividends

on m oneys received on capital account, and as to provision

Application ofmoney receivedby licenseenot being a




public or local

authority.

27 of 1952,

s. 13 and Sch.,

L N. 36/1%1.

Interest and

dividends which

may be paid out

of capital during

construction.

Cap 486.

Allowance for

depreciation.

for depreciation, and as to the a pplication of profits derivedfrom the u ndertaking, and the reduct ion o f pr ices of supply.shall have effect—

(a ) during the ini t ial period of construct ion an d duringother periods of construction of extensions ofgenerating or transm ission works, interest on theamount of the capital subscribed, borrowed orapplied for the purposes of such construction, asm ay be author ized by the l icence or in respect ofeach separate paymen t approved by the Minis ter ,may be paid out of such capital :

Provided that-

(i) no such paym ent shal l be m ade in respect of anyperiod after the close of the f inancial year ofthe l icensee during which such construction asaforesaid is completed;

(ii)in respect of any preference or ordinary sharesconstituting such capital or part thereof, the rateof such payment shall not exceed the rate offour per centum per annum or such other ra teas m ay be prescr ibed under sec t ion 67 of theCompanies Act, nor shall such paymentbe m ade for any per iod or periods exceedingfour years in al l; and whe re such paym ent hasonce been m ade for such per iod or aggregateperiods of four years (or for an y lesser per iodfollowing upon which the l icensee has derived

a profit from the sam e capital) no interest shallbe again paid thereon out of the sam e capi tal,except under specia l c i rcum stances and af terinquiry by, and with the authority of, theMinister; and

(iii)nothing in this subsection shall be taken toauthorize any paym ent of interest out of capitalin contravent ion of any o ther law for the t im ebeing in force;

(b) when and after the supply o f electrical energy fromor through an y part of a l icensee 's works o r under-taking is begun , there shal l appear in the accountsof the undertaking each year an allowance for depre-ciation of such work s or such part thereof, whichshall be of such amount and allocated in suchm anner as the l icensee m ay in his discret ion thinkproper;



Rev. 19861

lectric PowerAP. 3147Formation of

demeciation

account.(c ) the amounts of the depreciation so determined by the

licensee from year to year shall be a charge against

the gross revenue of the undertaking, and shall beshown to the credit of a depreciation account, and

only such net balance as may be afterwards remain-

ing may be paid to the credit of the net revenue

account as profit to be available for further

distribution:

Provided that the Minister may from time to

time authorize the licensee to deduct from the

amount standing to the credit of the depreciationaccount all or part of the capital value of anyportion of the works of the licensee which havebecom e obsole te or unfi t for fur ther serv ice or whichhave been sold or otherwise disposed of, and todiminish the value of the works by a corresponding

amoun t ;

(d ) if for any financial year of the licensee the totalrevenue in respect of the undertaking from allsources as shown on the licensee's revenue account

prepared pursuant to Form No. IV in the FirstSchedule exceeds the sum of the following costs,

charges and allowances for that financial year,

namely-

(i) working and establishment expenses and expen-

diture on the maintenance of the undertakingproperly chargeable to revenue as shown on thelicensee's revenue account prepared pursuantto Form No. IV in the First Schedule,but exclusive of any expenditure covered

by the a l lowances referred to in succeeding sub-

paragraphs of this paragraph;

(ii) an allowance for depreciation which may beirrespective of the allowance actually made in

the licensee's accounts under paragraph (b )

at such respective rates or of such respective

amounts on such respective items in accordancewith standard engineering theory, and with due

allowance for the local conditions, as theMinister may from time to time by order

prescribe or approve;

Application

of profits andreduction in

prices of supply .

5 8AP. 314



lectric PowerRev. 1986

(ii i) allowa nces for obso lescence, if any, m ade an dappearing in the licensee's accounts in respectof any specified item or items, if and so far

as the Minister may for the purposes of thisparagraph allow the same;

Action upondelault bylicensee.

Licensee'sdiscretion inrelation toaccounts notfettered.

(iv) an allowance for continge ncy, special or otherreserves, interest or dividends equivalent totwelve and o ne-half per centum o f the capitalexpended on the undertaking,

five-sixths of the balance of such revenu e shal l be

a l loca ted and pa id to a separa te incom e suspenseaccoun t for that financial year and shall be appliedduring the last two of the next three followingfinancial years by the licensee in reduction of orrebates on prices of supply, in such ma nner as theMinister, having regard to the licensee 's proposals,may approve; and for the purposes of this paragraph,"capital expended on the undertaking" means inrespect of each financial year the total expen ditureas shown on the licensee's capital account of theunder taking prepared pursuant to Form No . III inthe First Schedule for the sam e financial year :

Provided that no sum or i tem appearing in theaforesaid capital account shal l be included for thepurposes of this paragraph unless i t is shown to thesatisfaction of the Minister that it is required solely

for carrying out the business of the undertaking;( e ) i f the l icensee m akes defau lt in com plying with the

provisions of paragraph (d ) the Minister may , aftersuch inqu iry as he thin ks fi t , al ter the prices to bepaid by consum ers to the l icensee for the supply ofelectr ical energy, and the prices so al tered or sub -stituted shall have e ffect on or after such day as m aybe m entioned in the order of the Minister as if they

had been stated in the licence, notwithstanding any-thing to the contrary herein contained as to the timeor period for the revision o r alteration of price;

( . 0 subject to the provisions of paragraph (d) , the licenseemay, in his discretion, make such allowances or

create such reserves an d otherwise set t le or adjustthe accounts of the undertaking as h e thinks fit.



Rev. 19861lectric PowerAP. 3149(2 ) If the licensee m akes default in comp lying with any

of the provisions of this section he shall be liable to a penaltynot exceeding three hundred shillings for each single default,and to a daily penalty not exceeding one hundred an d fif tyshillings for each continuing default, or, having regard to thecircumstance s, the Minister may d eal with the licence as hethinks fit.

(3) The provisions of section 129 sh all not apply to anyapplication for any permission, authority, consent or approvalof the Minister which may b e required under this section.

Purchase anduse of land by

local author i ty .L.N. 36/1961.

48. Wh ere a local authority is the licensee, then, subjectto the provisions of the licence and of this Act, the licenseem ay acqui re by purchase o r on l ease , and m ay use , anyland for the purposes o f the l icence, or m ay also for thosepurposes use any other lands for the time being vested in orleased by i t , but subject as to the las t-mentioned lands tothe approval of the Minister, and m ay dispose of any lands

acquired by it under this section which may not for the timebeing be required for the purposes of the licence:

Provided that the am ount of land so used b y i t shal lnot at any one t ime exceed in the whole f ive acres exceptwith the consent of the Minister.

49. (1) The Minister may by order authorize anylicensee who is autho rized to supply electrical energy in any

area of supply to acquire com pulsorily, or to use, for anyof the purposes o f a generating station, substation or switchstation an y land, how ever acquired, specified in the order ,whether situated within or without such area, and in the caseof a local authority whethe r situated w ithin or outside itsdistrict.

(2) Applications und er this section shall be m ade in the

manner herein prescribed in that behalf.

50. (1) It shall not be lawful for any licensee to constructany generating station on any land, whether acquired by himcom pulsorily or by agreemen t, without the authority of theMinister.

(2) Applications und er this section shall be m ade in themann er herein prescribed in that behalf.

Authority forcomp u l sor yacquis i t ion

of land forgenerat ingstat ion.L.N. 36/1961.

Public not icebe foreconstruct ionof generat ingstat ion.L.N. 36/1961.

60AP. 314lectric Power



Rev. 1986

All works to

comply with

standards 01

British Standards

Institution.

IS of 1961, Sch.,L.N 36/1961.

51 . (1 ) Any new works, and any extension or amplifica-

tion of any existing works, for any of the purposes of generat-

ing, transforming, converting, transmitting, distributing or

supplying electrical energy under any licence shall be carriedout and performed in the mode and with the material or

apparatus which complies with the specification or standard

relating to any such purpose or to any such mode, materialor apparatus of the British Standard's Institution, or in any

case where the said specification or standard permits more

than one mode, material or apparatus for any of the said

purposes with such mode, material or apparatus as complies

with the said specification or standard as may be prescribed :

Provided that-

(i ) in any case any mode, material or apparatus which

may be followed or used for any of the aforesaid

purposes shall be of a nature, description or type

which is established by practice or use under similar

conditions to be suitable for the purposes to which

it is or may be applied under the licence, and it shall

not be lawful for any public or local authority inany case, or for any company, person or body of

persons authorized by any licence, concession or

agreement to generate or supply electrical energy

within any area of supply to commence or execute

or cause or permit to be commenced or executed any

works for the generation, transmission, distribution

or supply of electrical energy whether new works

or the extension or amplification of existing works

otherwise than in accordance with the provisions ofthis Act;

(ii) the Minister may by rules made under this

Act specify as the mode, material or apparatus

to be or which may be used for any of the pur-poses contemplated therein any mode, material orapparatus other than those prescribed.

(2) If any such public or local authority, company,person or body of persons makes default in complying with

the requirements or restrictions of this section, it or he

shall be liable for every default to a penalty of three thousand

shillings and to a daily penalty of three thousand shillings

while such default continues, and whether any such penalty

has been inflicted or not the Minister may revoke the licence,

concession or agreement or deal with it as he thinks fit



Rev. 19861lectric PowerAP. 314152 . (1) For the purpose of the conveyance, transmission,

or supply of electrical energy, the Minister may autho rize any

l icensee to e rect, fix, install or lay any poles, wires, electricsupply l ines, pipes or other apparatus in, upon, und er, overor across any public streets, roads, railways, tramway s, rivers,canals, harbours or Government property in such m anner andon such condit ions as herein provided or as he m ay approve :

Prov ided that, where it is intended or necessary for suchpurpo se to break, or open u p, or to interfere with, the traffic,business o r purpose of any street , road, rai lway, tram way,river, canal, harbour or Governm ent property, such authority

shall be subject to the consent of the ow ner, lessee, operator orrepairing or maintaining authority thereof, with such reason-able condi t ions as he or they impose, and such consent shal lnot be un reasonably withheld.

(2) Whe re such consent is refused or withheld, the licenseemay apply to the Minister as hereinafter provided to dispensewith such consent, and the Minister may refuse or m ay grantthe application with such conditions as he thinks fit.

53. (1) The Minister may authorize a l icensee to estab-l ish, use and m aintain in, over or through a ny area a sy stemor m eans of t ransmission by an electrical method of m essagesor signals :

Provided that such m essages or signals shall have refer-ence only to the operations of the l icensee for the purpose ofhis l icence, and that all work s or things necessary to be use dfor the establishment and maintenance of such system ormean s for com mu nication shal l be performed specifical ly asprovided for by the Minister in granting such authority.

(2) N o such authority for the establishm ent or use of anysystem or means for the transmission by an electrical methodof m essages or signa ls shall be granted b y the Minister untilproof has b een furnished by the appl icant for such authori tythat the Postm aster-General has ha d at least thirty days' noticewith such particulars as the Minister may approve of his

intention to m ake such application.(3) Application for such authority and ob jection thereto

shall be made in the man ner hereinafter provided.

(4) Where any authority has been so granted, any personwho m akes or permi ts to be m ade any cont ravent ion of thefirst provision of this section shall be guilty of an offence an dliable to a fine not exceeding one thousand five hundred

shillings.

Minister m ayauthorizeinstallationson roads,

railways, etc.

L.N 36/1961

Minister mayauthorizetelephone orsignalling linesfor operation ofsupply system.27 of 1952, s. 13,L.N. 36/1961.




Powers forexecution

of works.

Power toconstruct

works instreets, etc.L.N 36/1961.

(5) On the occurrence of any publ ic emergency, or inthe interest of the public safety, the Minister or any officerspecially authorized in this behalf by the Minister m ay take

temporary possession of any system o r mean s for the t rans-m ission by an e lect rica l method of m essages or s igna ls soestablished, used or maintained by any licensee.

(6) If any doubt arises as to the existence of a publicemergency or whether any act done under subsection (5)was in the interest of the public safety, a certificatesigned by the Minister shall be conclusive proof on the point.

54. Subject to the provisions of this Act and of

the licence, the licensee m ay exercise all or any of the pow ersconferred on him by this Act and the licence, and mayerect and construct overh ead electric supply lines, and do allnecessary works for such pu rpose in and o ver such s t reetsand places in respect of which he is duly authorized, andwhich may, for the time being, be included in the area ofsupply and be upon land d edicated to public use.

55. (1) Subject to the provisions of this Act and of

the licence, the licensee may exercise all or any of thepowers conferred on him by this Act and the licence,and may break up and construct works in, over, under orupon su ch streets and such railways, tramway s, rivers, canalsand harb ours (if any) as he is specially authorized to break upor construct works in, over, under or upo n, by the licence, sofar as those streets, rai lways, t ram way s, r ivers, canals an dharbours m ay for the time be ing be inc luded in the area ofsupply, and be, or be upo n, land dedicated to public use:

Provided, as respects any such railway, that the powershereby granted sh all extend only to such parts thereof as passacross or along any highwa y on the level.

(2) Nothing in the l icence shal l author ize or em powerthe licensee to break up or interfere with any street or part ofa s t reet or construct works in, over , under or u pon a ny rai l -way, t ramw ay, r iver , canal or harbou r ( i f any) or such partsthereof, as he is special ly autho rized to break up o r to con-st ruct works in, over , under or up on by the l icence, withoutthe consent of the author ity , body or person by w hom thatstreet is repairable, or of the authority, body o r person v estedwith the control of such railway, tramway, river, canal orharbour, or of the Minister, and wh ere the Minister gives thatconsen t the provision of the licence shall apply to the street,railway, river, tramway, canal or harbou r to which the con sentrelates as if the licensee had been sp ecially authorized in thatbehalf by that licence.



Rev. 19861lectric PowerAP. 3143L.N 36/1961.27 of 1952,Street boxes.s. 13,

56. (1) Subject to the provisions of this Act and ofthe licence, the licensee m ay con struct or erect in any streetsuch chamb ers, boxes and apparatus as may be necessary forpurposes in con nexion w ith the supply o f electr ical energy ,including mea ns for the proper ventilation of such cham bers,boxes and apparatus :

Prov ided that , whe re a public or local authori ty is notthe l icensee, such cham bers, boxes and apparatus shall be ofa design, and placed or s i tuated in man ner , approved by thepublic or local authori ty conce rned, or at his discret ion, bythe Minister.

(2) Every such cham ber, box and apparatus shall be forthe exclusive use of the l icensee and und er his sole control,except so far as the Minister may otherw ise order, and shallbe used by the licensee for the purposes of the licence, inaccordan ce with this Act.

(3) Every such ch am ber , box and apparatus , inc ludingthe upper su rface or cover ing thereof i f const ructed below

ground level, shall be constructed of such m aterials, and shallbe constructed and maintained by the l icensee in such m anneras not to be a source of danger, whether by reason o f inequalityof surface or otherwise.

(4) W here a public or local authority is not the licensee,it may, with the approva l of the Minister, prescribe the hoursduring which the licensee is to have access to any undergroundcham bers , boxes and appara tus , and i f the l icensee dur ing

any ho urs not so prescribed remo ves or di splaces or keepsremo ved or di splaced the upper surface or cover ing of anybox wi thout the consent of the pu bl ic or local author i ty heshall be liable for each default to a penalty not exceeding on ehundred and fifty shillings and to a daily penalty not exceedingone hund red and fifty shillings :

Provided that the licensee shall not be subject to any suchpenalty as aforesaid if the court is of opinion that the case

was one of em ergency, and that the l icensee com pl ied wi ththe requirements of this section so far as was reasonab le underthe circumstances.

57. (1) W here the exerc ise of any o f the powers of thelicensee in relation to the exe cution of any works will involvethe placing of any works, for the purpose of the conveyance,transmission, distribution or supply of electrical energy by anoverhead system (having received the express consent of the

Overhead works.Notices to begiven bylicensee.27 of 1952,s. 14 and Sch.,L.N. 36/1961.




Minister as herein provided) in, along or across an y street, thefollowing provisions shall have effect—

(a ) one m onth or such other per iod as the Minister mayapprove before comm encing the execut ion of theworks (not being repairs, renewals or amendm entsof exist ing w orks of wh ich the character and posi-tion are not altered), the licensee shall serve a n oticeupon the public or local authority liable for therepair of such street ( in this sect ion referred to asthe repairing authority) together with-

(i) a description of the proposed works;

(ii)a map of the locality or district showing theproposed routes and locations of all electricsupply lines and substations; and

(iii)a drawing showing the plan and elevation of a l lsubstations,

and shall upon being required to do so by suchrepairing authority give such further information inrelation to the m atters specified as ma y be desired;

(b ) the repairing authority m ay approve any such works,description, routes, locations, map and drawing,subject to such am endm ents and condi t ions as m ayseem fit, or may disapprove them, and may givenotice of that approval or disapproval to thelicensee;

(c) where the repairing authority approves any such

works, description, routes, locations, map an d draw-ing, subject to any am endm ents or condi t ions withwhich the l icense e is dissat isfied, or where i t dis-approves any such works, description, routes, loca-t ions, map or drawing , the l icensee m ay appea l tothe Minister, and the Minister may inquire into them atter , and al low or disal low the appeal , and m ayapprove an y such works, descr ipt ion, routes, loca-t ions, map or drawing subject to such amendm ents

or condi t ions as seem fi t, or may disapprove them;(d ) if the repairing authority fails to give any such no tice

of approval or disapproval to the licensee within onemonth or such other period as the Minister mayapprove, after the service of the notice by thel icensee, such repair ing autho ri ty shal l be deem edto have approved the works, description, routes,locations, map and drawing;



Rev. 1986]lectric PowerAP. 3145(e )notwithstand ing any thing in the l icence or in this

Act, the licensee sh all not be entitled to execu te

any such w orks as above specified except so far asthey may be of a d escription and in accordance withthis Act and w ith the description, routes, locations,m ap and drawing which have been approved, orare deemed to have bee n approved by the repairingauthority or the Minister as above m entioned; but,where any such works, d escription, routes, locations,map an d drawing are so approved, the licensee maycause these works to be exe cuted in 'accordancewith the description, routes, locations, map an ddrawing, sub ject in all respects to the provisions o fthe l icence and o f this Act;

(f)where the licensee is authorized to erect and install anyoverhead system, he shall perform the work of exca-vation and con struction and the necessary reinstate-m ent in any s treet or p lace and al l o ther work in

connexion therewith in a neat and workm anl ikemanner, in accordance with specification, and to thereasonable satisfaction of the repairing authority;

(g )if the l icensee makes default in com plying with anyof the requireme nts or restr ictions of this section,he shal l ( in addi t ion to any other com pensat ionwhich he may be liable to make under the provisionsof the licence or of this Act) make full com-

pensation to the repairing authority for any loss ordamage which such authority may incur by reasonthereof, and in addition thereto he shall be liablefor each default to a penalty not excee ding threehundred sh illings and to a daily penalty not exceed-ing one hundred and fifty shillings :

Provided that the licensee shall not be subjectto any such pe nalty as aforesaid if the court is of

opinion that the case was one of em ergency, andthat the licensee com plied with the requireme nts ofthis section so far as was reasonable under the

circumstances.

(2) In the application o f this section within any areaof supply w here the l icensee is a public or local authority,responsible for the public or municipal works of the province,district or township, the reference to the repairing authority

shall not apply.




( 3 ) (a ) For the execution of any of the works contem-plated in this section, the licensee may with the consent of the

owner of any building a ttach to that building such apparatusas may be required for any such work.

(b)Where in the opinion of the licensee any consent underth i s subsect ion i s unreasonably refused or where an y suchconsen t is withheld for a longer period than thirty days afterwritten application has been made for the same by the licensee,the l icensee m ay m ake appl ication to a sub ordinate court of

the first class, which shall have pow er, having regard to thecharacter or nature of the bui lding and to the other c i rcum -stances of the case, to al low the at tachmen t subject to sucht erms as to com pensat ion or rent and otherwise as he maythink reasonable or to disallow the same, and may determ ineby w hich of the parties the costs of the application are to bepaid.

(c)Any consent of an owner and any order of a courtund er this subsect ion shal l not have effect after that own erceases to be in possession of the building, but any attachmentsf ixed un der th is subsect ion sha l l not be removed unt i l theexpi ra tion of three m onths af ter any subsequent owner hasgiven to the licensee notice in writing requiring the attachmentto be remo ved; and, where such n otice is given, the precedingprovisions of this subsect ion sh al l apply and the cou rt shal lhave the sam e powers as under paragraph (b).

(d)The owne r may require the l icensee to remov e tem-porar i ly any at tachment during an y reconstruct ion or repairof the building.

(e)For the purpose of this subsection, any occu pier of abui lding whose tenancy exceeds on e year unexpired, and inthe case of any o ther tenancy the person receiving the rack

rent, shall be deem ed to be the owner.

(4) Nothing in this section shall exem pt the licensee fromany pen al ty or obl igat ion to which he m ay be l iable underthis Act in the event of any telegraph or telegraph lineof the Postm aster-General or of the authority responsible forthe man agem ent of any railway being at any time injuriouslyaffected by the l icensee's work s or his supply of electr icalenergy.



Rev. 19861lectric PowerAP. 314758. (1) W here the exercise of any of the pow ers of the

licensee in relation to the execution of any work involves the

placing of any works, other than the works of an o verheadsystem, in, under, along or across an y street or public bridge,the following provisions shall have effect—

(a)one m onth, or such other period as the Minister mayapprove, before com men cing the execution of theworks (not being repairs, renewals or amendmentsof existing works of w hich the character and position

are not altered), the licensee shall serve a notice uponthe public or local authority concerned (in thissection referred to as the repairing authority)describing the proposed w orks, together with a planand specif ica t ion of the works showing the mo deand position in which the work s are intended to beexecuted, and the m anner in which it is intendedthat the street or bridge, or any sewer, drain ortunnel therein or thereund er, is to be interfered with,

and shall, upon being required to do so by therepairing a uthority, give such further information inrelation thereto as desired;

(b )the repairing authority may in its discretion approveany such works, plan or specification, subject to suchamendments or conditions as may seem fit, ormay disapprove them , and may give notice of thatapproval or disapproval to the licensee;

(c)where the repairing authority approves any suchworks, plan or specification, subject to any am end-m ents or conditions with which the licensee is dis-satisfied, or disapproves any such works, plan orspecification, the licensee may appeal to the Minister,and the M inister m ay inquire into the matter , andal low or d isallow the appeal , and may approve anysuch w orks, plan or specification, subject to suchamend m ents or condit ions as seem fi t, or may dis-approve them;

(d )if the repairing au thority fails to give any such no ticeof approval or d isapproval to the licensee within onem onth or such o ther per iod as the Minister mayapprove after the service of the notice by the licensee,the repai ring authori ty shal l be deem ed to have

approved the works, plan and specification;

Notice ofworks to beserved onpublic or localauthority.27 of 1952,s. 14,L.N. 36/1961.




(e )notwithstanding anything in the licence or in thisAct, the licensee shall not be entitled to executeany such works as ab ove speci f ied , except so fa ras they may be of a description and in accord-ance with a plan and specification which hasbeen approved, or is to be deemed to have beenapproved, by the repairing authority, or by theMinister as above m ent ioned; but where any suchworks, description, plan and specification are soapproved, or to be deemed to be approved, thel icensee may cause those works to be executed in

accordance with the description, plan and specifica-t ion, subject in all respects to the provision s of thelicence and o f this Act;

(f)i f the l icensee m akes defau lt in comp lying with anyof the requireme nts or restrictions of this section, heshal l ( in ad di t ion to any o ther compen sat ion w hichhe m ay be l iable to make under the provisions of thelicence or of this Act) make full compensation

to the repairing authority for any loss or damagewhich such au thori ty m ay incur by reason thereof,and in add it ion thereto he shall be l iable for eachdefault to a penalty not exceeding three hundredshi l lings, and to a dai ly penal ty not exceeding onehundred a nd fifty shillings :

Provided that the l icensee shal l not be subjectto any su ch pena lty as aforesaid if the cou rt is ofopinion that the case was one of emergency and

that the l icensee com plied with the requirements ofthis section so far as was reasonable under thecircumstances.

(2) In the application of this section within any areaof supply w here the l icensee is a public or local authori ty,responsible for the public or mu nicipal works of the province,district or township, the reference to the repairing authorityand to sewers, drains or tunnels in or under streets or bridges

shall not apply.

(3) No thing in this section shall exem pt the licensee fromany penal ty or obl igat ion to which he m ay be l iable underthis Act in the event of any telegraph or telegraph lineof the Postm aster-General or of the authority responsible forthe manag em ent of any railway being at any time injuriouslyaffected by the l icensee's work s or his supply of electr icalenergy.

Rev. 19861lectric PowerAP. 3149



59. Wh ere the exercise of the powers of the l icensee inrelation to the execution of any w orks will involve the placingof any works in, over , under or upon an y rai lway, t ramway ,

r iver, canal or harbo ur, the fol lowing provisions shal l haveeffect unless otherwise agreed between the parties interested—

(a )one m onth or such other per iod as the Minister mayapprove before comm encing the execut ion of theworks (not being repairs , renewals or amend me ntsof existing works of which the character and positionare not altered), the licensee shall in addition to anyother notices which he may be required to give underthe licence or this Act serve a notice upon thepublic or local authority, body or person for thet im e being ves ted wi th the cont rol of the ra i lway,t ramway, r iver , canal or harbour , as the case m aybe, (in this section referred to as the o wner), describ-ing the proposed w orks, toge ther wi th a p lan andspecifica tion of the works showing the mod e andposition in which the works are intended to be

executed and placed, and shal l upon being requiredto do so, by any such own er, give him such fur therinformation in relation thereto as he desires .

(b)every such notice shall contain a reference to thissection and direct the attention of the owner to whomit is given to the provisions thereof;

(c)within three weeks or such other period as the Minister

m ay approve af ter the service of any such no t ice ,plan and specificat ion upon any o wner, that ownerm ay, if he thinks f i t , serve a requisi t ion upon thelicensee requiring that any question in relat ion tothe works, or to compe nsation in respect thereof,and any other question arising upo n the notice, planor specification, shall be settled by arbitration; andthereupon that question, unless settled by agreem ent,shall be determined by arbitration accordingly;

(d)in settling any question un der this section, an arbitra-tor shall have regard to any duties or obligationswhich the owner may be under in respect of thera ilway, tramway, river, canal or harbour, and m ay,i f he thinks fi t , require the l icensee to exe cute a ny

t emporary or other works so as to avoid any inter-ference with any traffic, so far as may be possible;

Execution bylicensee ofworks affectingpublic orlocal authority.

27 of 1952,s. 14 and Sch.




(e )where no su ch requisition as in this section m entionedis served upon the l icensee, or where af ter any suchrequisi tion has been served upon him any quest ionrequired to be settled by arbitration has been so

set t led, the l icensee m ay, upon pa ying or securingany com pensation which he may be required to payor secure, cause to be executed the wo rks describedin such not ice, plan an d specification as aforesaid,and m ay repair , renew and am end them (providedtheir character and position are not altered), butsubject in all respects to the provisions of the licenceand of this Act, and only in accordance with

the notice, plan and specification so serve d by himas aforesaid, or such m odifications thereof respec-t ively as m ay have b een determined by arbi t rationas hereinbefore m entioned, or as may be agreed uponbetween the parties;

(f)a l l works to be executed by the l icensee under th issect ion shal l be carr ied out to the reasonable sat is-faction of the ow ner, and that owner shal l have the

right for himself and his agents to be presen t duringthe execution of the works;

(g)where the repair, renewal or am endm ent of any exist-ing works, of wh ich the character and posi t ion arenot al tered, wil l involve an y interference with anyrai lway, t ramw ay, r iver , canal or harbo ur in, over ,under or upon which those works have been placed,the licensee shall, unless it is otherwise agreed

between the parties, or except in case of eme rgency,give to the owne r not less than twenty-four hou rs 'notice before commencing to effect the repair,renewal or amendment and the owner shall beentitled by himself and his agents to superintendthe works , and the l icensee shal l conform to suchreasonable requirements as may be made by theowner or his agent; and the notice shall be in additionto any other notices which the licensee may be

required to give und er the licence or this Act;

(h)i f the l icensee ma kes defaul t in comp lying with anyof the requiremen ts or restrictions of this section, heshal l ( in addi t ion to any other compensat ion wh ichhe m ay be l iable to make und er the provisions of thelicence or of this Act) make full compensationto the owner affected thereby for any loss or dam age




which he m ay incur by reason thereof, and in addi-t ion thereto he sha l l be l iable for each defau lt to apenal ty not exceeding three hu ndred shi l l ings, andto a dai ly penal ty not exceeding one h undred andfifty shillings:

Provided that the licensee shal l not be subjectto any such penalty as aforesaid if the court is ofopinion that the case was one of emergency, andthat the l icensee com plied with the requireme ntsof this section so far as was reason able und er thecircumstances.

60.(1) Except ing the works an d excavat ions necessary

for the installation and erection of an overhead sy stem in anystreet or part of a street , any p ublic or local authori ty, bodyor person for the time being liable to repair any street or partof a street which the l icensee is empo wered to break u p, orthe public or local authority, bod y or person ve sted with thecontrol of any rai lway, t ramwa y, r iver , canal or harbou r, orworks connected therewith, which the licensee is empoweredto break up or to construct works in , over, under or upon for

the purposes o f the licence, may, if he thinks fit, serve a n oticeupo n the l icensee stat ing that he desires to exercise or dis-charge a l l or any par t of any of the pow ers or dut ies of thel icensee as therein specified in relation to the break ing up,f i l ling in, reinstat ing or ma king go od any streets, bridges,sewers, drains, tunnels or other works, vested in or under thecontrol or manag em ent of that public or local authority, bodyor person, and may amend or revoke any such notice by

another notice similarly served.

(2) W here any such author i ty , body o r person ( in th issection referred to as the giver of the no tice) has given noticethat he desires to exercise or discharge any of such sp ecifiedpow ers and duties of the licensee, then so long as that noticerema ins in force the fol lowing prov isions shal l have effect ,unless it is otherwise agreed betwe en the parties interested—

(a )the l icensee shal l not be en t it led to proceed him sel fto exercise or discharge any such specified powers

or duties as aforesaid, except where he has requiredthe giver of the notice to exercise or discharge thosepowers or duties and the giver of the notice hasrefused or neglected to comply with that requisi-t ion, as hereinafter provided, or except in case ofemergency;

(b)in addi t ion to any other not ices which he is requiredto give unde r the provisions o f the licence or of this

Street authority,

etc., may givenotice of desireto break upstreets, etc.,on behalf oflicensee.27 of 1952, Sch.




Act, the licensee shall, not more than four daysand not less than two days before the exerciseor discharge of any such powers or duties specif iedas aforesaid is required to be comm enced, serve a

requisit ion upon the giver of the not ice s tat ing thetime wh en that exercise or discharge is required tobe comm enced and the manner in which any suchpowers or duties are required to be exercised ordischarged;

(c)upon receipt of any such requisition as last aforesaid,the giver of the notice may pro ceed to exercise ordischarge any such po wers or dut ies as required by

the licensee, subject to the like restrictions and con -ditions, so far as they are applicable, as the licenseewould himself be subject to in that exercise ordischarge;

(d) if the giver of the notice declines, or for twenty-fourhours after the t ime wh en any such exercise or dis-charge of any po wers or duties is by any requisitionrequired to be com menced neglects to com ply with

the requisition, the licensee may him self proceed toexercise or discharge the po wers or dut ies thereinspeci fied in like man ner as he m ight have done i fsuch not ice as aforesaid had not been given to h imby the giver of the notice;

(e)in any case of em ergency, the l icensee m ay him sel fproceed a t once to exerc ise or di scharge so mu chof any such specified powers or duties as aforesaid

as may be necessary for the actual remedying ofany defect from which the em ergency arises, withoutserving any requisition on the giver of the n otice; butin that case the l icensee shal l , within twelve hou rsafter he begins to exercise or discharge such powersor duties as aforesaid, give inform ation thereof inwriting to the giver of the notice;

(f)if the licensee exercises or discharges any such speci-fied powers or duties as aforesaid otherw ise than in

accorda nce with the provisions of this sect ion, heshall be liable for each default to a penalty notexceeding three hundred shillings and to a dailypenalty not exceeding one hundred and fiftyshillings:

Provided that the l icensee shal l not be subjectto any su ch penal t ies as aforesaid i f the cou rt is of




opinion that the case was one of emergency, andthat the licensee complied with the requirements ofthis section as far as was reasonable under the

circumstances;(g)all expenses properly incurred by the giver of the

notice in complying with any requisition of thelicensee under this section shall be repaid to him b ythe l icensee, and shall be a civil debt recoverab lesummarily;

(h)the giver of the n otice m ay, i f he thinks fi t , requirethe licensee, where a pub lic or local authority is not

the licensee, to give him reasona ble security for thepaym ent to him o f any expenses incurred or to beincurred by him under this section; and, if thel icensee fai ls to give any such securi ty after beingrequired to do so, he sha ll not be enti t led to hav ethe work requi red by h im un der taken nor to serveany fur ther requisi tion upo n the giver o f the not icerequiring him to ex ercise or discharge any po wersor duties under this section until the security hasbeen duly given , or, in the event of dispute as to theam ount of security to be given, until the dispute hasbeen referred and decided as hereinafter provided

(3) No thing in this section shall in any way affect therights of the licensee to exercise or discharge an y pow ers ordut ies conferred or impo sed upon h im by the l icence or thisAct in relation to the execution of any works beyond

the actual breaking up, filling in, reinstating and m aking goo dany su ch street or part of a street, or any such b ridge, sewer,drain, tunnel, railway, tram way, river, canal, harbour or otherwork as in this section m entioned.

61. The licensee may alter the position of any pipes(except, in a case whe re a public or local authority is not thel icensee, any pipe forming part of any drain or sewer o f anysuch author i ty) or any wires be ing in , over , under or upon

any st reet or place authorized to be b roken up by him , or inwhich he is authorized to construct works which may interferewith the exercise of his powers under this Act or thel icence; and any body or person m ay in l ike manner a l ter theposition of any electric supply lines or works of the licensee,being in, over, under or upon any such street or place asaforesaid, which m ay interfere with the lawful exercise ofany po wers vested in that body o r person in relation to that

Alteration at

pipes, wires,

etc., in streets

27 of 1952.

s 14.




street or place, subject to the following provisions, unless it isotherwise agreed between the parties interested—

(a )one m onth or such other per iod as the Minister may

approve before comm encing any such alterations, thel icensee or the body or person, as the case may be,(herein referred to as the operator) shall serve anot ice upon the body o r person for the time beingentit led to or in charge of the pipes, wires, electricsupply l ines or works, as the case may be, (hereinreferred to as the ow ner), describing the propo sedalterat ions, togethe r with a plan and specificat ionshowing the m anner in which i t is in tended that the

alterations shall be made, and shall, upon beingrequired to do so by any such owner, give him anysuch further inform ation in relat ion thereto as hemay desire;

(b)within three weeks or such other period as the Ministerm ay approve af ter the service of any such not ice ,plan and specificat ion u pon any owner, that ownerm ay, if he thinks f i t, serve a requisi tion upo n theopera tor requiring that any qu est ion in relat ion tothe works or to com pensation in respect thereof, orany other question arising upon su ch notice, plan orspecification as a foresaid, shall be settled by arbitra-tion; and thereupon that question, unless settledby ag reement , sha l l be de te rmined b y arb i t ra tionaccordingly;

(c)in settling any question un der this section, an arbitra-tor shall have regard to any duties or obligationswhich the owner may be under in respect of thepipes, wires, electric supply lines or works, and may ,i f he thinks fi t , require the operator to ex ecute anytemporary or other works, so as to avoid inter-ference with any pu rpose for which the pipes, wires,electric supply lines or works are used, so far aspossible;

(d)where no such requisition as in this section m entionedis served upon the o perator, the owner shall be heldto have ag reed to the notice, plan and specificationserved on him as aforesaid, and in that case, orwhere, af ter any such requis i tion has b een servedupon him, any question required to be settled byarbi trat ion ha s been so se t t led, the operator, upon

Rev. 19861

lectric PowerAP. 3145



paying or securing any com pensation which he maybe required to pay or secure, may cau se the altera-tions specified in such notice, plan and specification

as aforesaid to be m ade, but subject in all respects tothe provisions of this Act and of the licence,and only in accordance w ith the notice, plan andspecification so served by h im as aforesaid or suchmod ifications thereof respectively as m ay have beendetermined by arbitration as hereinbefore mentionedor as may be agreed upon between the parties;

(e)at any time be fore any operator is entit led to com -me nce any such alterations as aforesaid, the owner

may serve a statement upon the o perator stating thathe desires to execu te the alterations him self, and,where any such statement has been served upon theoperator, he shall not be entitled to proceed himselfto execute the alterations, except where he has noti-fied to the owner that he requires him to execute thealterations, and the owne r has refused or neglectedto comply with the notification as hereinafter

provided;(f)where any such statement as last aforesaid has been

served upo n the operator , he shall , not m ore thanforty-eight hours and not less than twenty-four hoursbefore the exe cution of the alterations is required tobe comm enced, serve a notification upon the owner,stating the time wh en the alterations are required tobe com menced an d the manner in which the al tera-tions are required to be m ade;

(g )upon receipt of any such notification as last aforesaid,the owner m ay proceed to execu te the alterations asrequired by the ope rator, subject to the like restric-tions and co nditions, so far as they are applicable,as the operator would himself be subject to inexecuting the alterations;

(h )if the ow ner declines, or for twenty-four hou rs afterthe time when any such alterations are required tobe commenced neglects, to comply with the notifica-

t ion, the operator may himself proceed to executethe alterations in l ike man ner as he m ight have doneif no such statement as aforesaid had been servedupon him;

(i)al l expenses properly incurred by any own er in com-plying with any no tification of any operator underthis section shall be repaid to him b y the operatorand shall be a civil debt recoverable summ arily;




laying of

electric supply

lines

or ,corks near

sewers, pipes

or other

electric lines.

27 of 1952,

s. 13.

(j)any owner may, if he thinks fit, by any statementserved by him under this section upon any operator,not being a public or local authority, require theoperator to give him reasonable security for the

repayment to h im of any expenses to be incurredby him in executing any alterations as abovementioned, and, where any operator has been sorequired to give secu rity, he shall not be entitled tohave the work requi red by him under taken, nor toserve any further notification upon the owner requir-ing him to execute the alterations, until the securityhas been duly given , or, in the event of dispute as tothe amo unt of security to be given, until the disputehas been referred and settled as hereinafter provided;

(k)i f the operator m akes defaul t in complying w ith anyof the requirem ents or restr ictions of this sect ion,he shall (in addition to any other compensationwhich he m ay be liable to make unde r the provisionsof the licence or of this Act) make full com-pensation to the owne r affected thereby for any loss,dam age or penal ty which he may incur by reason

thereof, and in addit ion thereto he sh all be l iablefor each default to a penalty not exceeding threehundred sh illings and to a daily pen alty not exceed-ing one hun dred and fifty shillings:

Provided that the operator shall not be subjectto any suc h pena lty as aforesaid if the cou rt is ofopinion tha t the case was on e of em ergency, andthat the operator com plied with the requirem entsof this section so far as was reason able unde r the

circumstances.62. (1) Wh ere the l icensee requires to dig or sink any

trench for laying down, erecting or constructing any newelectric supply lines (other than service lines) or other worksnear to which any sew er, drain, watercourse, defence or workunde r the jurisdiction or co ntrol of a pub lic or local authority,or any main, pipe, syphon, e lectric supply l ine or other workbelonging to any gas, electr ic supply or w ater company, has

been lawful ly placed, or where any gas or wa ter com panyrequires to d ig or s ink any t rench for lay ing do wn o r con-structing any new m ains or pipes (other than service pipes) orother works near to which any electric supply l ines or worksof the licensee have been lawfully placed, the licensee or thegas or water company, as the case may be, (in this sectionreferred to as the operator) shall, unless it is otherwise agreedbetween the parties interested, or in case of sudden emergency,




Rev. 1986]give to the public or local authority concerned , or to the gas,electr ic supply or w ater com pany , or to the l icensee, as the

case m ay be, (in this section referred to as the owner) not lessthan three days ' notice before comm encing to dig or s ink sucht rench as aforesaid, and that ow ner shal l be en t it led b y h isofficer to superintend the wo rk, and the operator shal l con-form to such reasonable requirements as m ay be m ade by theown er or the off icer for protecting from injury every suchsewer, drain, watercourse, defence, main , pipe, sypho n, elec-tric supply line or works, and for securing access thereto, andhe shall also, if required by the owner thereof, repair anydamag e that may be don e thereto.

(2) W here the operator f inds i t necessary to und erminebut no t al ter the po si tion of a ny p ipe, electr ic supply l ine orwork, he sh al l tem porari ly support i t in posi t ion during theexecution of his work, and before com pletion provide a suit-able and proper foundation for i t where so underm ined.

(3) Wh ere the operator (being the licensee) lays any elec-tric supply line crossing, or liable to touch, any m ains, pipes,

electric lines or services b elonging to any gas, electric supplyor water company, the conducting portion of any electricsupply line shall be effectively insulated in a m anner approvedby the M inister , and the l icensee sh al l not , excep t with theconsent of the gas, electric supply or water com pany, as thecase m ay be, and of the Minister, lay his electric supply linesso as to com e into contact with any such m ains, pipes, electriclines or services or, except with the like consent and in am anner approved by the Minister, em ploy such m ains, pipes,electric lines or services as conductors for the purp oses of hissupply of electrical energy.

(4) Any question or difference which may arise under thissection shall be determined by arbitration.

(5) If the operator m akes default in complying with anyrequirements of this section, he shall make full com pensationto all owners affected thereby for any loss, penalty, damage orcosts which they may incur by reason thereof; and in additionthereto he shall be liable for each default to a penalty notexceeding three hun dred shi l lings and to a dai ly penal ty notexceeding one hundred and fifty shillings :

Provided that the operator shall not be subject to anysuch pena l ty i f the court is of opinion that the case was on eof em ergency, and that the operator com plied with the require-ments of this section so far as was reasonable under thecircumstan ces, or that the default in question was due to the

fact that the operator was ignorant of the position of the




Protection oflife, propertyan dconveniences.27 of 1952,

t. 13.

sewer, drain, watercourse, defence, main, pipe, syphon, elec-tric line or w ork affected thereby and that that ignoran ce wasnot owing to any n egligence on the part of the operator.

(6) For the purposes of this section, "gas company"m eans any author i ty , com pany, person or body of personslawfully supplying gas; "water company" m eans any authority,company, person or body of persons lawfully supplying wateror water power ; and "elec tr ic supply com pany" m eans anyauthority, company, person or body of persons supplyingelectrical energy in pursuance of this Act but not inpursuance of the licence.

(7) W here a public or local authority is the licensee, thereferences in this section to the public or local autho rity, andto sewers, drains, watercourses, defences or works under thejurisdiction or con trol of the said authority, shall not apply.

63. (1) In the execut ion of works in con nexion with theconstruction, modification, maintenance or operation of anyelectric supply line or apparatus or conductor connectedthereto, every publ ic or local authority, compan y or p ersonshall—

(a ) in no way injure the works, conveniences or propertybelonging to any other such authori ty, com pany orperson, nor ob struct or interfere with public traffic,except with the previous written consent of theMinister;

(6 ) take adequate precautions to protect from d anger anyperson engaged upon such works by the provis ion

and m aintenance in safe and effic ient condi t ion ofthe necessary safety app liances for the use of suchpersons and by ensuring their proper use, or by othermeans approved by the Minister;

(c)take adequate precautions to prevent any conductoror apparatus from being accidentally or inadvertentlyelectrically charged when persons are workingthereon;

(d)ensure that only persons qual if ied by knowledge o rexperience to understand the danger involved unde r-take work w here technical knowledge o r experienceis required in order to avoid danger.

(2) For the contravention of any of the provisions ofsubsection (1), the public or local authority, company orperson responsible for the execution of the work shall be guiltyof an offence and liable to a fine not exceeding one thousan dshillings.




(3) Any person who, in contravening any of the pro-visions of subsection (1) of this section, or by any om ission or

negligent act in respect of any e lectric supply line, apparatusor conductor under his control, or by wilfully tamperingwith any e lectric supply line, apparatus, cond uctor or safetyappliance, causes hurt to any person o r injury to any propertyshall be guilty of an offence and liable to a fine not excee dingone thou sand shi l lings or to impr isonm ent for a per iod notexceeding twelve months, or to both such fine and suchimprisonment.

64. (1) W here any t ree or hed ge obstructs or interfereswith the construction by an authorized distributor of anyelectric supply line, or interferes or is likely to interfere w iththe maintenance o r working of any electric supply line, ownedby an au thorized dis t ributor , the au thorized dis t ributor m aygive notice to the owner or occup ier of the land on which thet ree or hedge is growing requiring him to lop or cut i t so asto prevent the obstruction or interference, subject to the pay-ment by the authorized distributor of the expenses reasonably

incurred by him in com plying with the notice :

Provided that in any case where such a not ice is servedupon an o ccupier who is not the owner of the land on whichthe t ree or hedge i s growing a co py o f the not ice shal l a lsobe served upo n the owner thereof, if his address is known .

(2) If wi th in twenty-one days f rom the g iv ing of suchnotice the requirements of the notice are not complied with,

and ne i ther the owner no r occupier of the land g ives suchcoun ter-notice as is hereinafter mentioned , the authorizeddis tr ibutor m ay cause the t ree or hedg e to be lopped o r cutso as to prevent such o bstruction or interference as aforesaid.

(3) If wi th in twenty-one days f rom the g iv ing of suchnotice the owner or occupier of the land on which the tree orhedge is growing gives a counter-notice to the authorized distri-butor objecting to the requirem ents of the notice, the m attershal l , unless the coun ter-not ice is withdrawn, b e referred tothe Minister , who , after giving the part ies an oppo rtuni ty o fbeing heard, may m ake such order as he thinks just, and anysuch order m ay em power the author ized d is tr ibutor (a f te rgiving such reasonable pr ior not ice to any person by whomthe counter-not ice was given of the com m encem ent of thework as the order m ay direct) to cause the tree or hedge to belopped or cut so as to prev ent such ob struction or interferenceas aforesaid, and may determine any question as to what

com pensation (if any) and expenses are to be paid:

Power to loptrees andhedges.27 of 1952, s. 7.




Proect ion of

telegraphs andtelegraph lines.27 of 1952,s. 14.

Provided that any party aggrieved by any dec ision of theMinister with regard to com pensation m ay within thirty daysafter being notified of such decision appeal to the High Cou rtagainst such decis ion , and the decis ion of the H igh Courtshall be final.

(4) The autho rized distributor shall issue instructions tohis or i ts officers and servants with a view to secu ring thatt rees and hedges sha l l be lopped or cut in a woodm anl ikeman ner and so as to do as l i tt le dam age as m ay be to t rees,fences, hedges and growing crops, and shall cause the boughslopped to be rem oved in accordance wi th the di rect ions ofthe owner or occupier , and shal l make good any damag e doneto the land.

(5) Any compensation or expenses payable to the owneror occupier by the authorized distr ibutor under this sect ionshall be a civil debt recoverable summ arily.

(6) W here for the purpose of the construction or main-t enance of an e lec t r ic supply l ine operated above m edium

pressure it is necessary to fell any trees, this section shall applyto the felling of trees in like m anner as it applies to the loppingof trees.

(7) This section shall apply to electric supply lines ownedor to be constructed by a bulk supply licensee in like manneras it applies to electric supply lines own ed or to be co nstructedby an authorized distributor.

65. (1) (a ) The licensee shall take all reasona ble precau-

t ions in constructing, laying down , erecting or placing hiselectric supply lines an d other w orks of all descriptions, andin working his under taking, so as not injur ious ly to affec t ,whether by electrical induction or otherwise, the working ofany telegraph or telegraph line, or the currents in that telegraphor telegraph l ine, whether that telegraph or telegraph l ine isor is not in existence at the time of the laying do wn or placingof the electric supply lines or other wo rks.

(b ) If any ques t ion ar i ses between the l icensee and theown er of any such telegraph or telegraph l ine as to whetherthe licensee has constructed , laid down o r placed his electricsupply l ines or other works, or has worked his undertaking,in contravention of this subsection, or as to whether theworking of that telegraph or telegraph line or the currenttherein is or is not injuriously affected thereby, that questionshall be determ ined by arbitration; and the arbitrator (unlesshe is of opinion that the telegraph or telegraph line no t having

Rev. 19861

lectric Pow erAP. 314I



been so in existence at such time as aforesaid, has been placedin unreasonable proximity to the electric supply lines or worksof the licensee) may direct the licensee to m ake any alterations

in, or additions to, his system, so as to comply with theprovisions of this section, and the licensee shall mak e thosealterations or additions accordingly.

( c ) No thing in this subsection shall apply to any telegraphwhich is operated or should be operated und er a receivingl icence pursuant to the East African Radio Com mu nication L.N. 60/1956.

Regulations, 1956, of the H igh Com m ission, or to any tele-graph lines belonging the reto or incidental m erely to the usethereof, excepting on ly if and so far as the ow ner thereof hasproved to the satisfaction o f the Postmaster-General that anycause or an t ic ipated cause of the sam e being injur iouslyaffected is of such a nature as the licensee m ight, in the opinionof the Po stmaster-General, reasonably be required to remo ve,prevent or avoid.

(2) Seven days or such o ther period as the Minister mayapprove before commencing to lay down or erect or place any

electric supply line, or to u se any electric supply line in anyman ner whereby any telegraph or telegraph line lawfully laiddown o r placed in any position may be injuriously affected,the licensee shall, unless otherwise agreed between the partiesinterested, give to the owner of such telegraph or telegraphline notice in writing specifying the cou rse, nature and gaug eof the electric supply line, and the m anner in wh ich the elec-tr ic supply line is intended to be used, and the amo unt andnature of the currents intended to be transmitted thereby, and

the extent to, and m anner in, which ( if at all) ear th returnsare proposed to be u sed; and any owner entit led to receivethat notice may serve a requisition on the licensee requiringhim to ado pt such precautions as ma y be therein specified inregard to the laying, erecting, placing or use of the electricsupply line for the purpose of preventing injurious affection;and the licensee shall conform with such reasonable require-ments as m ay be m ade by the owner for the purpose of pre-venting the communication through the telegraph or telegraph

line from b eing injuriously affected as aforesaid:

Provided that-( i) nothing in this subsection sh all apply to repairs or

renewals of any electric supply line so long as thecourse, nature and ga uge of the e lectric supply line,and the amount and nature of the current transmittedthereby, are not altered;


(ii) nothing in this subsection shall apply to a ny telegraph



which is operated or should be operated under areceiving licence pursuant to the E ast African R adioComm unication R egulations, 1956, of the High Com-

mission, or to any telegraph lines belonging theretoor incidental merely to the use thereof.

(3) If in any case the l icensee m akes defaul t in comply-ing with the requirements of this sect ion, he shal l mak e ful lcompen sat ion to every such owner as aforesaid for any lossor damage which he may incur by reason thereof, and inaddition thereto he sha ll be liable for each default to a penaltynot exceedin g one hun dred and fifty shillings, and to a daily

penalty not exceeding sixty shillings :

Provided that the licensee shall not be subject to anysuch pe nalty as aforesaid if the court is of opinion tha t thecase was one of em ergency and that the l icensee compl iedwith the requiremen ts of this section so far as was reason ableund er the circum stances, or that the default was due to thefact that the licensee w as ignorant of the po sition of the tele-graph or telegraph line affected thereby , and that that ignor-

ance was not owing to any negligence on the part of thelicensee.

(4) Nothing in this section contained shall be held todeprive any ow ner of any exist ing r ights to proceed againstthe licensee by co m plaint, action or otherwise, in relation toany o f the m atters aforesaid.

Restric tions o n

placing ofelectric linesand works.27 of 1952, Sch.,L.N. 36/1961.

66. (1) Where in any case any electric supply line or

other works m ay have been la id dow n or e rected in , over ,along, across or und er any street, for the purpose of sup ply-ing e lectrical energy, or m ay have been la id down or erectedin any other pos i tion for such purpose in such a m anner asnot to be entirely enclosed within any building or buildings,or where an y electr ic supply l ine or works so laid down o rerected may be used for such purpose otherwise than underand su bject to the provisions of a l icence, the Minister, if hethinks f i t , m ay, by notice in writ ing to be served u pon thebody o f person owning or using o r entitled to use such electricsupply line or w orks, require that such electric supply line orworks shal l be cont inued and u sed only in accordance withsuch con di t ions an d subject to such rules for the protect ionof the public safety and of the telegraphs and telegraph lineswhether of the Postmaster-General or otherwise lawfullyplaced in any position as the Minister may by o r in pursuance

Rev. 19861lectric Pow erAP. 3143



of such no tice prescribe, and in case of non -compliance withthe said rules the Minister ma y require such body o r personto remove such electric supply line or works.

(2) If any body or person fails to comply with the require-ments of any notice which may be served upon them or himund er this section, such body o r person shall be l iable to apenalty not exceeding six hu ndred shill ings for every suchdefault , which shall be a civil debt recoverable summ arily,and any court of competent jurisdiction, on com plaint math:.may mak e an order directing and authorizing the remov al ofany electric supply line or works specified in such notice by

such person and u pon such term s as the court may think fit.

67. (1) At all times du ring the progress of any wo rks, Fencing,

lighting a.ndconstructions or excav ations in or under an y street or part of reinstatement

any street, the l icensee, operator or owne r, as the case m ay of works.

be , carrying out or executing such wo rks shall provide suchfences, guards and lights as may be reasonab ly necessary inthe opinion of the authority having con trol or managem ent of

the street or part of the street for protecting the pub lic fromany d anger ar ising or l ikely to ar ise from such wo rks, andshall on completion of such works, constructions or excava-tions remove all debris or rubbish then remaining, and shallfor three months after the date of the reinstatement by himof any part of any street maintain the surface of such part inan efficient state of repair and for twelve m onths after suchdate m aintain any such part of any street as regards subsi-dence, all to the reasonab le satisfaction of the said au thority.

(2) If the licensee, operator or ow ner, as the case maybe, opens or breaks up a ny street or bridge, or any sewer,drain, tunnel; place or work, and m akes any delay in com -pleting any such work, or in filling in the ground, or inre ins ta ting and m aking good the road or pavem ent , or thesewer, drain, tunnel, place or work so opened o r broken up,or in carrying away the rubbish o ccasioned thereby, or if heneglects to cause the place where such road or pavem ent,

sewer, drain, tunnel, place or work has been opened o r brokenup to be fenced, guarde d and lighted, or neglects to keep theroad or pavem ent in repair for the space of three m onthsnext af ter the sam e is ma de good, or such fur ther time asaforesaid, he shall forfeit to the authority or person havingthe control or manag ement o f the street, bridge, sewer, drain,tunne l, place or work in respect of which such d efault ismade a sum not exceeding one hund red and fifty shillings for


every such default, and he shall forfeit an additional sum



of one hund red and f if ty shill ings for each day during whichany such delay as aforesaid cont inues after he has receivednotice thereof.

Licenseeresponsible fordamage.

Liability oflicensee, etc.,for nuisance.32 of 1950, s. 2,

L.N. 36/1961.

(3) If any such delay or omission as aforesaid takes place,the author ity or person having the cont rol or m anagem entof the street , bridge , sewer, drain, tunn el , place or w ork inrespect to which such delay or omission takes place maycause the work so d e layed or om itted to be executed , andthe expense of execut ing the sam e sha l l be repa id to suchauthority or person by the licensee, operator or owner, as thecase ma y be, and such forfeit or expenses shall be a civil debt

recoverable summarily.

68 . The l icensee, operator or owner, as the case maybe, shall be answerable for all accidents, damages an d injurieshappe ning throug h his act or default , or that of any personin his employm ent, by reason of or in consequence of any ofhis works, and shall adequately protect all authorities, bodiesand persons b y who m an y st reet is repairable, and al l otherauthorities, companies and bod ies collectively and individually,

and their officers and servan ts, from all dam ages and co sts inrespect of those accidents, damages an d injuries

69 . (1) Subject to subsection (2), nothing in this Act orin any licence shall be construed as exon erating any licensee,operator or owner, as the case m ay be, from any l iabili ty forany nuisance caused or permitted by him.

(2) No twithstanding subsection (1), the Minister may , byorder, exonerate from liability for nuisance, to the extentspecified in such orde r, any l icense e, operator or own er inrespect of any work s specified in the order which are carriedon b y or w ith the consent of the l icensee, operator or ow nerpursuant to a licence.

(3) An order un der subsec tion (2) shall not operate todeprive any person of his right to bring an action in the cou rts

for the recovery of dam ages for any nuisan ce in respect of theliability for which such order exonerates any licensee, operatoror owner, if such nuisance—

(a ) can by any reasonably practicable means (regard beinghad to the public interest, the state of scientific know-ledge and to situation and expense) be abated orsubstantially reduced; o r

Rev. 19861lectric PowerAP. 3145is caused or contributed to by any n egligence in the



(b )installation, operation or maintenance of the worksspecified in such order or of any wo rks carried onin conjunction therewith.

(4) An order un der this section shal l be in the form setout in the Third Schedu le, and sh al l not have effect unt i l ithas been published in the Gazette.

(5) An order un der this section may , in relat ion to theworks specified in the Fourth Schedule, be madeto have ret rospective effect to a d ate not ear l ier than the 1stJanuary, 1949.

(6) The Minister shal l not in any o ne order m ade und erthis section exonerate from any liability for nuisance anylicensee, operator or owner in respect of works carried on b ysuch licensee, operator or owner on separate sites, unless suchseparate sites are contiguous.

(7) The provisions of sect ion 12 8 shal l not apply to anyappl icat ion to the Minister for the mak ing of an order underthis section.

70. (1) The l icensee shall charge for electrical energysupplied by him to any ordinary consumer either—

(a) by the actual am ount of electrical energy supplied; or

(b)by the m aximum power , k ilovolt -ampere or am peredem and for such cont inuous per iod as m ay or thet ime being be prescribed or authorized by any rulesmad e under this Act; or

(c)by a com binat ion of the m ethods prescribed by para-

graphs (a ) and (b); or

(d)by such other general method or combination ofgeneral methods as may for the time being beauthorized by the licence or by the Minister; or

(e )by such other m ethod of charge as may be authorizedby by-laws m ade by the l icensee with the approvalof the Minister under section 149.

(2) Notwithstanding anything in this Act or anyl icence to the contrary, the Minister m ay authorize, underparagraph (d ) subse ction (1) (but without prejudice to thegenerality of his powers under that paragraph ), either or bothof the following—

(a) in addit ion or al ternat ive to a charg e for the actualamoun t of electrical energy supplied or the m aximumdem and as aforesaid, or both, a per iodical fixed or

Methods of

charge .

27 of 1952, s. 8,L.N. 36/1961.

86 AP. 314lectric PowerRev. 1986

service charge, with or without inclusion therein of



a rent, charge or remuneration in respect of anym eter, e lectric supply l ines, f i t t ings, apparatus orappl iances provided by the l icensee in or upon the

prem ises of the ordinary con sum er, whether let tohim on h ire or hire-purchase terms o r otherwise;

(b) a m inimum charge , to be m ade i r respect ive of theactual amo unt of e lec tr ical energy suppl ied to theordinary consumer or of hi s m aximum dem and asaforesaid, with provision that such minimum chargem ay be paya ble notwithstanding that no electricalenergy has been used by the ordinary consumerduring the period for which such minimum chargeis made.

(3) In authorizing any method of charge under thissection, the Minister may, after consultation with the licensee,l imit the appl icat ion o f such m ethod to a par t icular c lass orparticular classes of ordinary consum ers or to a particularportion of the area of supply, as may be sp ecif ied in suchauthorization; and m ay also, or alternatively, direct that anyordinary consum er who objects to such m ethod of charge

shall remain free to require the licensee to charge him by oneof the methods authorized by paragraphs ( a ) , ( b ) an d (c) ofsubsection (I), the choice between such metho ds resting withthe licensee.

Maximum prices.L.N. 36/1961.

Revision ofmaximum pricesor methods ofcharge.27 of 1952, s. 9,L.N. 36/1961.

71 . (1) The prices to be charged b y the licensee for elec-trical energy supplied by him to ordinary consumers shall notexceed those stated in that behalf in the licence, or, in the caseof a m ethod of charge au thorized by the Minister under section70, such maximum prices or charges as the Minister maydetermine when authorizing such m ethod.

(2) In determining any m aximum price or charge in rela-tion to any m ethod of charge, the Minister may, after consul-ta t ion with the l icensee, determine separate maxim um pricesor max imum charges for any par ticular class or particularclasses of ordinary consum ers or for any particular portion ofthe area of supply to whom or to which such method o f chargeapplies.

72 . (1) If either—(a ) the licensee; or

(b)such num ber of ordinary consume rs as the Ministermay consider sufficient having regard to the circum-stances; or

Rev. 1986]lectric PowerAP. 3147(c ) in a case whe re a public or local authority is not the



licensee, either of those authorities,

at any time after the comm encement of a licence, makes repre-

sentation to the Minister that the maxim um prices or methodsof charge stated in the licence or authorized under section 71or section 70 ought to be altered, the Minister, aftersuch inquiry as he may deem fit, may make an ordervarying such maxim um prices or methods of charge, or substi-tu t ing other m aximum pr ices or methods of charge in l ieuthereof , and the maxim um pr ices or methods of charge sovaried or substituted shall have effect on and after such dayas m ay be mentioned in the order, as i f they had been stated

in the l icence or authorized under section 71 or section 70.

(2 ) Any revision of maximum prices under sub-sect ion (1) m ay extend to the f ix ing of separate m axima,or the authorization of separate methods of charge, in respectof different classes of supply or in respect of different portionsof the area of supply.

(3 ) Before m aking any appl ica t ion or representa tion

to the Minister under subsection (1), the intendingapplicant shall give notice by public advertisem ent of theintended ap plication or represen tation no t less than fou rteenclays before the application or representation is to be ma de.

(4 ) Every such ad vertisement shall be published once inthe Gazette and on ce in a newspaper circulating in the areaof supply to which the application relates, and shall containthe following particulars—

(a) a short title descriptive of the application o r repre-sentation;

(6 ) the date of the intended application or representation;

(c)the name, address and description of the applicant;

(d )a statement of the ob ject of and reasons for the appli-cation or representation;

(e)a description of the area or areas (if any), and of the

public or local authority, company , person or bodyof persons (if any), which will or may be affected bythe grant of the application or representation;

(I) a statement of the ma nner in which such area or areas,or such public or local authori ty, compan y, personor body of persons, will or may be affected by thegrant of the application or representation.


(5 ) Every such notice shall state that any public or local



authority, company, person or body of persons desirous of

making any representation on or objection to the application

or representation shall do so by letter addressed to the Minister

and marked on the outside of the cover enclosing it "ElectricPower Act", on or before the expiration of fourteendays from the date of the application or representation as

stated in the notice, and that a copy of such representation or

objection shall be forwarded to the applicant.

(6 ) The application or representation addressed to the

Minister may be printed or typed, and shall be signed or sealed

as may be legally necessary by or on behalf of the applicant,

and shall be delivered to the Minister duly marked on theoutside of the cover enclosing it "Electric Power Act",

and the applicant shall forward therewith proof of the appli-

cant's compliance with the provisions as to notices on or before

the date stated in the notice as being the date of the application

or representation.

Publication

of scale of

prices.

27 of 1952,s 13

Other charges

by agreement.

Conditionswhich may

affect prices.

27 of 1952, Sch.,

L.N. 36/1961.

73. (1) Every licensee shall, within three months after

the date of commencement of his licence, publish in such

manner as may be approved by the Minister, in respect ofeach of his undertakings, a scale of all prices for the time

being charged by him for the various classes of supply to

ordinary consumers, together with a description in general

terms of the circumstances or conditions which qualify con-

sumers for any special prices for the time being available.

(2) All additions to or alterations in any such scale of

prices, or any such circumstances or conditions as aforesaid,

shall be published in like manner before being brought intoforce or acted upon by the licensee.

74. Subject, as regards ordinary consumers, to the pro-

visions of sections 70, 71 and 72, the licensee may make any

agreement with a consumer as to the price to be charged for

electrical energy, and the mode in which these charges are to

be ascertained, and may charge accordingly.

75. (1) In making any agreement as to the price to becharged for a supply of electrical energy, consideration may

be given to the amount of electrical energy consumed or con-

tracted for uniformity or regularity or power factor of the

demand, the time during which supply is required, and any

other conditions of the demand affecting the cost of generationor supply.

Rev. 19861lectric PowerAP. 3149(2) Each and e very consum er shall be entitled to receive



a supply of electrical energy from a licensee at the same priceand on the same terms as any other consumer in the same areais being supplied at by such licensee when the circumstancesand conditions of the demand an d supply are similar:

Provided tha t the Minister , having rega rd to any par-ticular or general circumstances of supply or demand, may,for such period or periods and up on such terms or conditionsas he m ay think fit, authorize the exclu sive application of apart icular price or m ethod of charge to any l imited numb eror type of consum ers, or to the consum ers in any specifieddistrict or neighbourho od, or to any other limited extent; and

in respect of any exclusive pr ice or m ethod of charge soauthorized the provisions of this subsection shall not apply.

76. The licensee shall not in ma king any agreem ent forthe supply of electrical energy, or for the carrying out of an ywork in connexion therewith, or in any way whatsoever, showany und ue preference, advantage, rebate or privilege to anyconsumer, but save as aforesaid he shall make such chargesfor such supply as m ay be agreed u pon, not exceeding the

limit of price imposed by the licence.77. (1) If any public or local authority, company, person

or body of persons neglects to pay any ch arge for electricalenergy or any other sum due from h im or them to the licenseein respect of the supply of electrical energy, the licensee m ay,after giving not less than forty-eight hou rs' notice in writingto such authority, company, person or body o f persons, andwithout prejudice to his right to recover such charge or sum ,cut of f such supply, and for tha t purpose m ay cut or dis-

connect any electric supply line or other works throug h whichelectrical energy m ay be supplied, and m ay, until such chargeor other sum, together with any expen ses incurred by thelicensee in cutting off such supp ly of electrical energy as afore-said and any lawful charges for or incidental to reconnex ion,are fully paid, but no longer, discontinue the supply o f elec-trical energy to such authority, compan y, person or body ofpersons:

Provided that, where any com pany, person or body ofpersons has given to the licensee a deposit as security forpaym ent for the supply of electrical energy, the licensee mayat any t im e whi le any such charge or other sum rem ainsunpaid after notice as aforesaid-

(i)apply such deposit in or towards payment thereof; or

(ii)discontinue the supply of electr ical energy to suchcom pany, person or body of persons; or

No unduepreference asto charge

Supply maybe cut oil onfailure to paycharges.27 of 1952,s. 10

90AP. 314lectric Powerltev. 1986

( i ii ) apply such depo si t towards pay men t thereof and if



Power to refuseto supplyelectrical energyin certain cases.

Appointmentof electricalinspectors .L.N. 649/1963.

Duties ofelectrical

inspectors.27 of 1952,s 13

any par t of such charge or other sum rem ains un-paid thereafter discont inue the su pply of electricalenergy to such company, person or body of persons,

unt i l such charge or other sum together with any ex pensesincurred in disconnecting such supply and any lawful chargesfor or incidental to the reconnexion thereo f have been paid.

(2) W here any d i ffe rence or d ispute in respect of anysuch charge or o ther sum as aforesaid has been refer red toan electrical inspector or to arbitration under this Act,or has otherwise fallen sub judice before notice of disconnexionas aforesaid has been given b y the licensee, the licensee shallnot exercise any of the pow ers conferred by this sect ion inrespect of the sam e charge or other sum until f inal determ ina-tion of such difference or dispute:

Provided that the prohibition contained in this subsectionshal l not apply in any case in which the l icensee has m ade arequest in writing to the consumer for a deposit with theelectrical inspector, arbitrator or o ther judicial authority con-cerned, in addition and without prejudice to any other depositwith the licensee which he is entitled to require, of the am ount

of the charge or other sum in d ispute, and the consum er hasfailed to comply w ith such request within forty-eight hours ofthe same having been made.

78 . The licensee may refuse to supply electrical energyto any public or local authority , company, person or body ofpersons whose paym ents for the supply of electrical energy arefor the time being in arrear (not reasonably being the su bjectof a dispute), whether any such payments are due to the

l icensee in respect of supply to the premises in respect ofwhich such supply is dem anded or in respect of other premises.

79. The Minister may appoint and keep appointedsuch com petent and impartia l person or persons as he thinksfit, to be electrical inspectors, for the purpose s of this Act, andmay determine the remun eration to be paid to such inspectors.

80 . (I) The duties of electrical inspectors under this

Act shall be as follows—(a )the inspection and testing, periodically and in spec ialcases, of the licensee's works and the supply ofelectrical energy given by h im;

(b)the certifying and exam ination of meters; and(c)such other dut ies as m ay be requi red of them un der

the provisions of this Act or any licence.

Rev. 19861

lectric Power AP. 3141(2) The Minister may prescribe the manner in which,



and the t imes at which, any such dut ies are to be performedby an e lectrical inspector, and also the fees to be taken b yhim, and those fees shall be accounted for and applied as may

be directed by the Minister.

(3) Any electrical inspector appointed under this Actand duly authorized in that behalf by the Minister maya t a l l reasonable t imes en ter any prem ises for the purposeof ascertaining if the provisions of this Act are being com pliedwith :

Provided that no electrical inspector shall enter any suchpremises, other than the premises of a l icensee or of a pub licor local authority, without the perm ission of the occupier firsthad and obtained. Such permission shall not be refused.

81. (1) The l icensee shal l send to the M inister not ice ofany accident by electric shock, and also of any other accidentof such kind as to hav e caused, or to have been likely to havecaused, loss of l i fe or persona l injury, and of any explosionor fire, which has arisen from a nd in the course of the genera-

tion, transformation, conversion, transmission, distribution orsupply of electrical energy by the licensee, or the use of elec-trical energy supplied by the licensee, or which has arisen inor abou t any gene rat ing stat ion, substat ion, switch station,factory, works or electric supply lines of the licensee, and alsonotice of any loss of life or personal injury occasioned by anysuch acciden t, explosion or fire.

(2) Such n otice shal l be sent by the earl iest practicablepost after the accident, explosion or fire occurs, or, as the casemay be, after the loss of life or personal injury becomes kno wnto the licensee.

(3) If the licensee fails to comply with the forego ing pro-visions of this section, he shall be liable for each default to apenalty not exceeding six hund red shillings.

(4) The Minister may also, if he deems it necessary,appoint an y electrical inspector o r other fi t person to inquire

and report as to the cause of any accident affecting the safetyof the public which may have been occasioned by or inconnex ion wi th the l icensee 's wo rks , whether not ice of theaccident has or has not been received from the licensee, or asto the m anner in and extent to wh ich the provis ions of thelicence and of this Act, so far as those provisions affectthe safety of the public, have been complied with by thel icensee ; and any person appointed under th is sect ion , not

Notice ofaccidents andinquiries byMinister.27 of 1952,s. 13.


being an electrical inspector, shall , for the purposes o f his



Testing of

electric lines.

27 of 1952,s 13 .

Testing ofworks and

supply onconsumer'spremises.

Authorized

distributor to

establish

testing stations.27 of 1952,r. 1 3

appointm ent, have al l the powers of an electr ical inspectorunder this Act.

82. On the occasion o f the testing of any electric supply

l ine of the licensee, reasonab le notice thereof shall be givento the licensee by the electrical inspector, and the testing shallbe carried out at such suitable hours as, in the opinion ofthe electrical inspector, will least interfere with the supp ly ofelectrical energy by the l icensee, and in such m anner as theelectr ical inspector thinks exped ient , but , except under theprovis ions of an order m ade in each case in that behal f bythe Minister, he shall not be entitled to have access to orinterfere with the electric supply lines of the licensee at anypoints other than those at which the licensee has reserved forhimself access to the said electric supply lines :

Provided that(i) the licensee shall not be held responsible for any inter-

ruption in the supply of electrical energy whichmay be occasioned by or required by the electr icalinspector for the purpose of any such testing asaforesaid;

(ii)the testing shall not be made in regard to any par-ticular portion of an electric supply line oftener thanonce in any three m onths, unless in pursuance ofan order made in each case in that behalf by theMinister.

83. An electr ical inspector, i f and wh en required to d oso by any consum er , shal l, on payment by the consum er ofthe prescribed fee , test the variat ion of electr ic pressure at

the supply terminals , or m ake such other inspection and testof the works of the licensee upon the cons um er's premises asmay be necessary for the purpose of determining whether thelicensee has comp lied with the provisions of the l icence andof the rules made under this Act.

84. The licensee shall, if required to do so by theMinister , establ ish at his own cost and k eep in proper con -dition at such places, within a reasonable distance from adistributing main, such reasonable num ber of testing stations

as the Minister thinks proper an d sufficient for test ing thesupply of electrical energy by the licensee through the d istri-buting main, and shall place thereat proper and suitableinstrume nts of a pattern to be appro ved by the Minister, andshall connect those stations by mea ns of proper and sufficientelectric supply lines with the distributing m ains, and supp lyelectrical energy thereto for the purpose of the testing.

Rev. 19861lectric PowerAP. 314385. The licensee shall set up and ke ep upon all prem ises Licensee to

keep instruments



from w hich he supplies electrical energy by an e lectric supplyl ine such suitable and proper instruments o f such pattern andconstruction as m ay be app roved or directed by the Minister,and shall take and record, and keep on record, such observa-tions as the Minister may direct, and any observations sorecorded shal l be produced to the Minister on dem and by himand shall be receivable in evidence.

86 . (1) The licensee shall keep in efficient working orderall instruments which he is required by or under this Actor the licence to place, set up or keep at any testingstat ion o r on h is own premises, and a ny electr ical inspector

m ay exam ine and record the readings of those instrum ents ,and any readings so recorded sh all be receivable in evidence.

(2) The exam inations and readings un der th is sectionmus t be m ade a t such t ime and in such manne r a s may bedirected by the M inister.

87 . Any e lectrical inspector appo inted und er this Actshall have the right to have access at a l l reason able hoursto the test ing stat ions an d prem ises of the l icensee for the

purpose of testing the electric supply lines and instrumen ts ofthe licensee, and ascertaining if they are in order, and in casethey are not in order he m ay require the licensee forthwith tohave them put in order.

88 . The licensee m ay, if he thinks fit, on each occasionof the testing or inspection of an y works of the licensee by anyelectrical inspector, be present or be represented by someofficer or other agent, but the licensee or that officer or agent

shall not interfere with the testing or inspection.89 . The licensee shall afford all facilities for the p roper

execution of the provisions of this Act with respect toinspection and testing and the readings and inspection ofinstrum ents, and shall comply with a ll the requirements of orunder this Act in that behalf; and in case the licenseemakes default in complying with any of the provisions ofthis sect ion h e shal l be l iable in respect of each default to apenalty not exceed ing one hun dred and fifty shillings, and toa daily penalty not exceed ing sixty shillings.

90 . (1) Every electrical inspector shall, on the clay imm e-diate ly fol lowing that on which any tes ting has been com -pleted by him under this Act, make and deliver a reportof the results of his testing to the authority or person by wh omhe was required to m ake the test, and to the licensee, and thatreport shall be receivable in evidence.

on his premises.

27 of 1952,

s. 13

Reading of

instruments.

27 of 1952,

s. 13 and Sch.

Electrical

inspector may

test licensee's

instruments.

Representation

of licensee at

testing.

Licensee togive facilities

for testing.

Report o f result

of testing.

L.N.36/1961.


(2) If the licensee or any such authority or person is



Expenses of

electrical

inspector.

L.N. 36/1961.

Meter to be

used except

by agreement.

27 of 1952, s 13

dissatisfied with an y report of any electrical inspector, appealm ay be m ade to the Minis ter agains t the repor t, and there-upon the Minister shall inquire into and decide upon the

matter of the appeal, and his decision shall be final and bindingon all parties.

91. Save as otherwise provided by this Act or by thel icence, al l reasona ble expen ses of an electrical inspectorshall, unless agreed, be ascertained by a su bordinate court ofthe first class, and shall be p aid as directed by that co urt, andshall be a civil debt recoverable summ arily :

Provided that-

(i)where the report of an electrical inspector or the deci-sion of the M inister show s that the l icensee or a nyconsum er was gui l ty of any defaul t or negl igence,the fees prescribed and expenses on being asce rtainedas above-mentioned shall be paid by the party guiltyof default or negligence as the court, having regardto the report or de cision, directs, and shall be a civildebt recoverable summ arily;

(ii)in any proceedings for penalties under this Act,the fees and expenses of an electrical inspectorincurred in connexion with the proceedings shall bepayable by the com plainant or defendant as the courtmay direct.

92. (1) The amo unt to be charged fo r electr ical energysupplied by the l icensee to any con sum er, according to themethod decided upon under section 70, (hereinafter

referred to as the value of the supply) shall, except asotherwise agreed between such consum er and the l icensee,be ascertained by m eans of an appropriate meter or meters ,which m ay be duly certified as he reinafter provided, and fixedand connected with the supply system in a m anner approvedby the Minister.

(2) Such m eter , whether the property of the l icensee orof the consumer, may be sealed by the licensee with anapproved seal bearing the licensee's distinguishing brand or

mark impressed thereon.(3) The l icensee ma y, in order to protect such m eter or

any othe r apparatus belong ing to him, instal l suitable cut-outs on a consumer's premises on the supply side of any suchmeter or other apparatus, and seal such cut-outs with anapproved seal bearing the licensee's distinguishing brand ormark impressed thereon.

Rev. 1986]

lectric Pow erAP. 3145(4) Where any seal affixed und er subsections (2) and (3)



of this section is broken without the authority of the licensee,the consum er upon whose prem ises the seal was placed shallbe guilty of an offence and liable to a fine not exceeding twohundred shillings :

Provided that, where i t can be proved that the offencewas comm itted by som e person other than the consumer, thatperson shall be punishable as if he were the consum er uponwhose premises the breach occurred.

93. A me ter shall be considered to b e duly certified certificationund er the provisions of this Act and o f the l icence i f i t i s of meters.

certified by an electrical inspector to be a m eter capable ofascertaining the value of the supp ly within such limits of erroras m ay as respects meters of the c lass to which the m eterbelongs be allowed b y any rules m ade under this Act, andevery such m eter is hereinafter referred to as a certified meter :

Provided that, where any alteration is made in any certi-fied meter, that meter shall cease to be a certified meter unlessand until it is again certified under this Act.

94. An electrical inspector, on being required to do so Inspector toceby the l icensee or any consu m er, and on p aym ent of the 27 of

rtify 1952eters

prescribed fee by the party so requiring him , shall examine s. 13

any m eter used or intended to be u sed for ascertaining thevalue of the supply o r any check meter, and shall certify it asa certified m eter if he con siders it entitled to be so certified,and the electrical inspector shall on the like requisition andpayment examine the m anner in which any such meter hasbeen fixed and conn ected with the supply system, and shallcertify that it has been fixed and connected with the supplysystem in som e m anner approved by the Minister if he con-siders that it is entitled to be so certified.

95. W here the value of the supply is under th is Actrequired to be ascertained by means of an appropriatemeter or m eters, such m eter or meters shall be supplied on hire

by the licensee, who shall fix it or them upon the premises ofthe consumer and connect the supply system therewith, and ifso required cause the meter or meters to be du ly certified underthis Act, and for those purposes he may authorize andempo wer any officer or person to enter upon the premises (ifnot in his sole occupation) at all reasonable times and executeall necessary work and do all necessary acts; and the consum ershall pay to the licensee for the hire of any such m eter or

Licensee tosupply meters27 of 1952.

s. 13,L.N. 36/1961.


meters such remunerat ion in m oney as m ay be approved bythe Minister, and such remuneration shall be a civil debt



Use of two or

three meters.27 of 1952, Sch.

recoverable summarily :

Provided that-

(i) a consum er shall be enti t led to insta ll in his prem isesa check meter or meters, which may be his ownproperty, for the purpo se of checking the va lue ofelectricity supplied to him ; the registrations o f anysuch check m eter shall not be taken into account indetermining the va lue of the supply , and no suchcheck m eter shal l be fixed and conn ected with thesupply system except in such manner and subject tosuch conditions as the Minister may approve;

(ii)the l icensee m ay, at his sole discret ion, agree to thevalue of the supply to any consum er being ascer-tained by a private meter belonging to the consume r.

96. (1) In any case where the m aximum dem and of anyconsumer equals or exceeds two hundred kilovolt-amperes, ifit is so desired by the consumer, two or three appropriatemeters shal l be em ployed or used for ascer taining the valueof the supply, which shal l be the num ber of kelvins repre-

sented by the mean of the readings of such m eters :Provided that, where the last described method of

m easurem ent of the value of the supply is desired as afore-said, the consum er shall only be liable to pay the licensee forthe hire of each of such two or three m eters one half of theamo unt which the licensee would have been entitled to chargehad only one meter been employed.

(2) If the reading of each of the two or three meters

employed or used to ascertain the value of the supply is withinthree per centum of the mean of the readings of the two orthree m eters , each m eter shal l be considered correct for thepurposes of the accounts; but , i f the reading of any m eter atany t ime shows a difference f rom the mean of the readings ofthe two or three meters of mo re than three per centum , thenthe mean of the readings of the two or three meters shal l betaken for the t ime being, pending the correctness of each ofthe meters being determined, which shall be done forthwith,

and any m eter which is found to have an error of more thanthree per centum shall be readjusted.

(3) In any case where three m eters are used for ascertain-ing the value of the su pply in accorda nce with this section, ifat any t ime and for any reason two on ly of the meters are inservice the mean of the readings of these two meters shall beaccepted by both part ies, provided such m ean is within three

Rev. 19861




per centum of the readings of both m eters; but, if the meanof the readings of the two m eters is found n ot to be withinthree per centum of the readings of both me ters, the same

procedure shall be adop ted with regard to the determinationof the accuracy and for the readjustmen t of the meters, as isprescribed by sub section (2); and in the case of dispute, thematter may be referred by either party to an electrical

inspector, as provided by section 101.

97. The licensee shall not connect or disconnect anym eter to be used o r used for ascer tain ing the value of thesupply , or any consum er 's check m eter , with or f rom any

electric supply line through which electrical energy is suppliedby the licensee, unless he has o btained the written consen t ofthe consum er, or alternatively unless he has given to the con-sum er not less than forty-eight hours' notice in writing o f hisintention to do so, and if the licensee acts in contravention ofthis section he shall be liable for each default to a penalty notexceeding sixty shillings.

98. The licensee shall not, nor shall any consum er, makeany alteration, adjustment or readjustment in any meter beingused for ascertaining the value of the supply, whereby theact ion of such m eter as a measuring instrument is or may beaffected, unless the one has giv en to the other not less thanforty-eight hours' notice in writing of the intention to do so orunless otherwise m utually arranged, and the licensee or anyconsum er acting in contravention of this section shall be liablefor each default to a penalty no t exceeding sixty shillings.

99. (I) Eve ry consum er shal l a t a l l times a t his ow n

expense keep all meters belonging to him, whereby the valueof the supply is to be ascertained, in proper orde r for correctlyregistering that value, and, in defau lt of his so doing, thel icensee may cease to supply e lectr ical energy through themeter.

(2) The licensee shall have access to, and be at liberty totake off, remove, test, inspect and replace, any such meter atall reasonable time s, subject to such n otice being given to the

consumer as aforesaid :Provided that all reasonable expenses of, and incident to,any such taking off, removing, testing, inspecting and replacingof the meter and of hav ing the me ter again duly certified,where the recertifying is thereby rendered necessary, shall, ifthe meter is found'by an electrical inspector to be not in properorder , be paid by the consum er , but if i t is found to b e inproper order all expenses conn ected therewith shall be paidby the licensee.

Meters not tobe connectedor disconnectedwithout consent

or notice.

Meters not tobe adjusted

without notice.

Consumer to

keep meter inproper order.

98AP. 31 4lectric PowerRev. 1986

Licensee to keep 100. The licensee shall, at all times, at his own expense,



meters in repair.

Disputes as toaccuracy ofmeter to besettled byinspector.

Licensee to payexpenses ofproviding newmeters wheremethod ofcharge altered.

Licensee mayinstall metersto measuresupply or checkmeasurement.27 of 1952, s. 13.

keep all meters let for hire by him to any consumer, whereby

the value of the supply is or should be ascertained, in proper

order for correctly registering that value, and in default of hisdoing so the consumer shall not be liable to pay any remunera-

tion or hire for the meter during such time as the default

continues; and the licensee shall, subject to the provisions of

section 97, for the purposes aforesaid, have access to, and be

at liberty to remove, test, inspect and replace any such meterat all reasonable times:

Provided that the expenses of having any such meter

again duly certified, where that recertifying is thereby rendered

necessary, shall'be paid by the licensee.101. (1) If any dispute arises between any consumer and

the licensee as to whether any meter, whereby the value of the

supply is ascertained (whether belonging to the consumer or

to the licensee), is or is not in proper order for correctly

registering that value, or as to whether that value has been

correctly registered in any case by any meter, that difference

shall be determined upon the application of either party by

an electrical inspector, and that electrical inspector shall alsoorder by which of the parties the costs of and incidental to the

proceedings before him shall be paid, and the decision of the

electrical inspector shall be final and binding on all parties;

and in determining the said costs the electrical inspector may

take into account any fee paid under section 94.

(2) Subject as aforesaid, the reading of the meter shall be

conclusive evidence, in the absence of fraud, as to the value ofthe supply.

102. Where any consumer who is supplied with electrical

energy by the licensee from any electric supply line has pro-

vided, under section 95, his own private meter for

the purpose of ascertaining the value of the supply,

and the licensee changes the method of charging for electrical

energy supplied by him from the electric supply lines, thelicensee shall pay to that consumer the reasonable expenses

to which he may be put in providing a new meter for the

purpose of ascertaining the value of the supply according tothe new method of charging, and those expenses shall be acivil debt recoverable summarily.

103. (1) In addition to any meter which may he placedupon the premises of any consumer to ascertain the value of

the supply, the licensee may place upon such consumer's

premises such meter or other apparatus as he may desire for

the purpose of ascertaining or regulating either the amount of

Rev. 19861

lectric PowerAP. 3149electrical energy suppl ied to the consum er or the numb er of



hours during which the supply is given, or the maximumdemand taken by the consumer, or any other quantity or time

connected with the supply :Provided tha t the m eter or appara tus sha l l be of som econst ruction and pat tern, and sh al l be f ixed and co nnectedwith the supply system in some manner, approved by theMinister, and shall be supplied and m aintained entirely atthe cost of the l icensee, and shal l not , except by agreem ent ,be placed otherwise than between the sou rce of supply andthe consum er's existing supply terminals.

(2) Such meter or other apparatus may be sealed by

the licensee with an approved seal bearing the licensee'sdistinguishing brand or m ark impressed thereon.

(3) W here any such seal is broken w ithout the authori tyof the l icensee, the consume r upon wh ose prem ises the sealwas placed sh al l be guil ty of an offence an d l iable to a finenot exceeding two hu ndred shillings :

Provided that , where i t can be prov ed that the offencewas com mitted by som e person other than the consumer, that

person shal l be punishable as i f he were the consum er uponwhose premises the breach occurred.

104 . All or any of the provisions of sections 94 to 103,both inclusive, may be disregarded or m odified in respect ofany par t icular consum er in such m anner and to such extentas may b e agreed in wri ting between such consum er and the

licensee.

105 . (1) The licensee shall set up and keep upo n suitable

premises sui table and proper ins trum ents and apparatus ofsuch pattern and construction as may be approved or pre-scribed by the Minister, for the purpose o f testing the accuracyof m eters used or to be used for ascerta ining the value of thesupply given, or to be g iven, by the licensee.

(2) No meter for ascertaining the value of the supply shallbe used unless i t is in a cond it ion for ascertaining the valueof the supply within the limits of error which m ay, as respectsm eters of the class to which the meter belong s, be for the time

being allowed by any rules mad e under this Act.(3) The records of the tes t s mad e und er thi s sec tion a t

the various loads specif ied in any rules made u nder this Act,showing the percentage of er ror above and b elow norm al ,shall be made and k ept by the licensee.

(4) If the l icensee makes defaul t in com plying with anyof the provisions of this section, or fails to produce any reco rdsrequired to be kept by him on the deman d within reasonable

Modificationof certainprovisionsof Actby agreement.27 of 1952, Sch.

Licensee tokeep meter-testingapparatus andrecords of tests.27 of 1952,s. 13.


hours of an electrical inspector, he shall be liable to a penalty



Power to enter

premises forascertaining

quantities ofelectricityconsumed or toremove fittings,e t c .

Works not tobe subject to

distress.

Electric lines

and workslet on hireto remainproperty oflicensee.

not exceeding one hundred and fifty shillings and to a dailypenalty not exceeding sixty shillings.

106.(1) Any officer appointed by the licensee may at allreasonable times enter any premises to which electrical energy

is or has been supplied by the licensee, in order to inspect

the works for the supply of electrical energy belonging to the

licensee, and for the purpose of ascertaining the maximum

demand or amount of electrical energy consumed or supplied,

or where a supply of electrical energy is no longer required, or

where the licensee is authorized to take away and cut off the

supply of electrical energy from any premises, for the purpose

of removing any works belonging to the licensee, repairing alldamage caused by such entry, inspection or removal :

Provided that no officer appointed by the licensee shall

enter such premises without the permission of the occupier first

had and obtained. Such permission shall not be refused.

(2) In any case where such permission is refused, thelicensee may, additional to any penalty to which the occupier,

lessee or owner of any premises to which electrical energy is

or has been supplied by the licensee may be liable under this

Act in respect of such refusal, cut or disconnect anyelectric supply line or other works through which electrical

energy may be supplied, and may, until such permission is

given and any expenses incurred by the licensee in cutting or

disconnecting any electric supply line or other works as afore-

said are fully paid, but no longer, discontinue or refuse to

supply electrical energy to such occupier, lessee or owner.

107. Where any works belonging to the licensee are

placed in or upon any premises, not being in the possession ofthe licensee, for the purpose of supplying electrical energy

under this Act or any licence, such works shall not be

subject to distress or to the landlord's remedy for rent of the

premises where the same may be, nor be taken in execution

under the process of any court or any proceedings in bank-

ruptcy against the person in whose possession the same maybe.

108.(1) All electric supply lines, fittings, apparatus and

appliances let by any licensee on hire or belonging to any

licensee, but being in or upon premises of which the licensee

is not in possession, shall, whether they are or are not fixed or

fastened to any part of any premises in or upon which they

may be situate, or to the soil under any such premises, at all

times continue to be the property of, and to be removable

by, the licensee, provided such electric supply lines, fittings,

Rev. 19861lectric PowerAP. 3140 1



apparatus or appliances mentioned in this section and insection 107 have upon them respectively a distinguishingmetal plate affixed to a conspicuous part thereof, or a

distinguishing b rand or other m ark conspicuously impressedor m ade thereo n, sufficient ly indicat ing the l icensee as theactual owner thereof.

(2) For th e purposes of this section, electric supply lines,fittings, apparatus and ap pliances dispos ed of by the licenseeon terms of payment by instalments shall, until the wholeof the instalme nts have been paid, be deemed to be the electricsupply lines, fittings, apparatus and app liances let on hire by

the licensee.(3) No thing in this section shall affect the am ount of the

assessment for ra t ing of prem ises upon wh ich any e lect r icsupply lines, fi t tings, apparatus or app liances are or shall befixed.

109. (1) Whoever—

(a )connects, or permits to be connected, any meterreferred to in section 92 , or any me ter, indicator orapparatus referred to in section 103, with an y electricsupply line through which electrical energy issupplied by a licensee, or disconnects, or permits tobe disconnected, any such meter, indicator orapparatus from any such electric supply line, withoutthe consent of the licensee; or

(b)lays, erects or instal ls , or perm its to be laid, erectedor insta lled , any conductor or appara tus and con-

nects it, or permits it to be connected, with anyelectric supply line through wh ich electrical energyis supplied by a licensee, without the consent of thelicensee; or

(c)disconnects , or permits to be d isconnected, any con-ductor or apparatus from any electric supply linebelong ing to a l icensee, without the consent of thelicensee; or

(d)makes or permits to be made any alteration in hisperman ent installation without the previous approvalof the licensee; or

(e )in any case where the v alue of the supply of electricalenergy by the l icensee is not ascer tained b y m eter ,uses any apparatus or lamp other than he h as con-t racted to pay for or uses such apparatus or lamp atany other time than the time specified and for whichhe has contracted to pay; or

Unauthorizedconnexion ordisconnexion,and fraudulentor improper use

of electricalenergy.27 of 1952, Sch.,11 of 1970, Sch.


(f ) uses the electrical energy supplied to him for purposes



other than that for which it is supplied; or

(g ) supplies any other person with any part of the elec-

trical energy supplied to him by the licensee, withoutthe consent of the l icensee ,

shall be guilty of an offence and liable to a fine not exceeding

ten thousand shillings or to a term of imprisonment not

exceeding two years or to both such fine and imprisonment,

and, in any case where the person so offending is the con-

sumer, the licensee may also discontinue the supply of

electrical energy to the premises of such consumer and abstain

from resuming such supply if already discontinued for suchperiod as the court may direct, notwithstanding any contract

which may have been previously entered into.

(2) The existence of artificial or unlawful means for

making such connexion or disconnexion as is referred to in

paragraphs (a), (b) and (c) of subsection (1), or makingsuch alteration as is referred to in paragraph (d ) of that

subsection, or facilitating such use or supply as is referred

to in paragraphs (e), ( f) and (g ) of that subsection, shall, where

the meter, indicator or apparatus is under the custody or con-

trol of the consumer, whether it is his property or not, be prima

facie evidence that such connexion, disconnexion, alteration,

improper use or supply, as the case may be, has been fraudu-

lently, knowingly and wilfully caused or permitted by theconsume r .

Wilful

extinguishing

of public lamps,

waste of energy

and accidental

damage.

Wilful injury

to works,

tampering with

meter and

fraudulent use

of energy.

110. (1) Any person who wilfully extinguishes or causes

to be extinguished any public lamps, or wastes or improperly

uses any of the electrical energy supplied by the licensee, shall

for each such default forfeit to the licensee any sum not

exceeding one hundred and fifty shillings, in addition to the

amount of the damage done.

(2) Any person who carelessly or accidentally breaks,

throws down or damages any works of or under the control

of the licensee shall pay such sum of money to the licensee,

by way of satisfaction for the damage done, as a court may

award.

111. (1) Any person who wilfully or fraudulently injures

or permits to be injured any works of the licensee, or alters

the index of any meter for ascertaining the value of the supply,

or prevents any such meter from duly registering the value of

the supply, or fraudulently abstracts, consumes or uses the

electrical energy of the licensee, shall be guilty of an offence

and (without prejudice to any other right or remedy for the


protection of the licensee) l iable to a fine not exce eding on e



thousand shillings or to imprisonm ent for a period not exceed-ing one year, or to both such fine and such im prisonment.

(2) The existence of artificial or unlawful m eans for caus-ing such al teration or prevent ion (when such m eter is underthe custody or con trol of the consum er), or for abstracting,consum ing or using the electrical energy of the licensee, shallbe prima facie evidence that such alteration, prevention.abstraction or consumption, as the case may be, has beenfraudulently, knowingly and wilful ly caused or permit ted bythe consumer.

(3) In any case in which any person has wilfully andfraudulently injured or permit ted to be injured any works ofthe licensee, or altered the index o f any m eter for ascertainingthe value of the supply, or prevented any such m eter fromduly registering the value of the supply, the licensee m ay also,until the matter complained of has been remedied, but nolonger, discontinue the supply of electrical energy to theperson so offending (notwithstanding any con tract previously

existing).

112 . (1) In any case where any consumer receiving a Licensee may

supply of e lectrical energy from a l icensee uses or p ermits to ceausedse supply

if

be used such supply for any purpose or dea ls or permits i t detrimentallyto system.

to be deal t wi th in any m anner so as to inter fere undu ly orimproperly w ith the effic ient supply of electr ical energy bythe l icensee to any other consum er , the l icensee may , if hethinks fit, discontinue to supply electrical energy to such co n-sum er so long as the electrical energy is so used or dealt with.

(2) If any difference arises as to any improper use ofelectrical energy, or as to any al leged defects in or as to un -suitable or as to necessary apparatus or protective devices, thatdifference shall be referred to an electrical inspector.

113. A publ ic or local authority or any comb inat ion o fany such author i ties sha l l not use or em ploy for or in con-nexion w i th any of the purposes o f genera t ing , t ransform-ing, converting, transm itting, distributing, supplying or usingelectrical energy any mode, material or apparatus other thanthat which com plies with the specification or standard relatingto any such purpose or to any such m ode, material or appara-tus of the British Standards Institution, or in any case wh erethe said specification or standard permits more than one m ode,m aterial or apparatus for any o f the said purposes, or, in anycase where no such specification or s tandard has been m adeby the said Institution, as the Minister may by rule prescribe.

Standardization.15 of 1961, Sch.,

L.N. 36/1961.


Map of areaof supply to

114. (1) The licensee shall, forthwith after commencingto supply e lectrical energy under the l icence, cause a m ap to



be made.27 of 1952,s. 13.

Notices maybe printedor written.Cap. 315

be m ade of the area of supply, and shal l cause to be m arkedthereon the po sitions of all his then existing overhe ad electricsupply lines and other w orks, and the position, and the depthbelow the surface, of all his then existing undergroun d electricsupply l ines and o ther underground wo rks and st reet boxes,and shall once in every year cause that map to be dulycorrected so as to show the then existing electric supply linesand other works.

(2) The licensee shall also, if so required by the Minister

or the Postmaster-General, cause to be m ade sections showingthe level of all his existing undergroun d electric supply lines,and works other than service lines.

(3) Every m ap and sect ion so made o r corrected , or acopy thereof, marked with the date when i t was so m ade orlast corrected, shal l be ke pt by the l icensee at his principaloffice within the area of supply and shal l at all reasonab let imes be o pen to the inspect ion o f al l applicants, and those

applicants may take copies of it or any part of it; and thelicensee may dem and and take from every such applicant suchfee not exceeding two shillings for each inspection of the map,section or copy, and such further fee not exceeding ten shillingsfor each copy of it taken by the applicant, as he may prescribe.

(4) The licensee sh all, if required by the M inister or thePostm aster-Ge neral , or , where a publ ic or local authori ty isnot the licensee, by such authority, supply a copy of any such

m ap or sect ion, and cause that copy to be d uly corrected soas to agree w ith the o r iginal or or iginals thereof as kept forthe time being at the office of the licensee.

(5) If the licensee fails to com ply with any of the require-m ents of this sect ion h e shal l for each defaul t be l iable to apenalty not exceed ing three hund red shillings, and to a dailypenalty not exceeding sixty shillings.

115. Notices, orders and other documents under theElectric Supply Lines Act, or unde r this Act, or und er thelicence, may b e in writing or in print, or partly in writing andpartly in print, and where any notice, order or documentrequires authenticat ion by the pu blic or local autho ri ty thesignature thereof by the d irector, enginee r or clerk of suchpublic or local authority shall be su fficient authentication.

Rev. 19861

lectric PowerAP. 31 40 5

Service ofnotices.116. (1) Any notice, order or document required or



27 of 1952, Sch.,L.N. 649/1963,

L.N. 365/1964.

Cap. 315.

authorized to be served upon or furnished to any pub lic orlocal authority, com pany, person or body of persons und er

this Act or the Electric Supply Lines Act, or under the licence,may be served or furnished by being add ressed to that autho-rity, com pany, person, or body of person s, and being left ator sent by registered post to the following addresses

respectively—

(a)in the case of the Minister, the office of the Minister;

(b ) in the case of the Power Board, the office of the Board;

(c)in the case of any officer deputed by the M inister toexercise the powers vested in the Minister underthis Act, the office of such officer;

(d )in the case of the Postma ster-G eneral, the Gen eralPost Office, Nairobi;

(e )in the case of any electrical inspector, the office of suchelectrical inspector;

(f) in the case of an y pub lic or local authority, the officeof such public or local authority;

(g )in the case of a l icensee, when the l icensee is not apublic or local authority or a com pany, the office ofthe licensee in the area of supply;

(h )in the case of a licensee, when the licensee is a com -

pany, the registered o ffice if in the area of sup ply,or otherwise the principal office of the com pany inthe area of supply;

(0 in the case of any other company o r body of persons,the pr incipal off ice of such com pany or body ofpersons in the area of supply or, if there is nosuch office in the area o f supply, the office of suchcompany or body of persons nearest thereto;

(I) in the case of any person, the usual or last known placeof abode of that person;

and every n otice, order or docum ent relating to any m atterar ising u nder this Act or the E lectr ic Supply L ines Act, orunder the licence, so served or furnished, shall be deem ed tobe ful l and lawful service on the l icensee , or such o thercompany, person or body of persons, as the case may b e.


(2 ) A notice, order or document required or authorized

by this Act or the Electric Supply Lines Act, or by the



licence, to be served on the owner or occupier of any

premises shall be deemed to be properly addressed if addressed

by the description of "the owner" or "the occupier" of the

premises (naming the premises), without further name ordescr ip t ion.

(3 ) A notice, order or document required or authorized

by this Act or the Electric Supply Lines Act, or by thelicence, to be served on the owner or occupier of premises

may be served by delivering it or a true copy thereof to

some person on the premises, or, if there is no person onthe premises to whom the same can with reasonable diligencebe delivered, by fixing it on some conspicuous part of thepremises .

(4) Subject to the provisions of this Act and of thelicence as to cases of emergency, where the interval of time

between the service of any notice or document under the

provisions of this Act or of the licence and the executionof any works or the performance of any duty or act isless than seven days, Sundays and public holidays shall not be

reckoned in the computation of that time.

Revocation oflicence wherelicenseeinsolvent.27 of 1952,s. 13,

L.N. 649/1963.

Revocation oflicence whereundertakingcannot becarried onwith profit.L.N. 649/1963.

117. If the Minister, in any case where a public orlocal authority is not the licensee, at any time after the com-

mencement of the licence, has reason to believe that the

licensee has made any default in executing works or supply-

ing electrical energy in accordance with the provisions of thatlicence, and that that default is in consequence of the insol-

vency of the licensee, and that by reason of that insolvency

the licensee is unable fully and efficiently to discharge the

duties and obligations imposed upon him by that licence, the

Minister may, after such inquiry as he may think necessary,

revoke that licence.

118. If, in any case where a public or local authority isnot the licensee, the licensee at any time after the commence-

ment of the licence represents to the Minister that the under-

taking cannot be carried on with profit, and ought to be

abandoned, the Minister shall inquire into the truth of the

representation, and, if upon that inquiry the Minister is

satisfied as to the truth of the representation, he may, if in his

discretion he thinks fit, revoke the licence.


119 . If, in any case whe re a public or local authority isthe licensee, the Minister at any time after the comm encem ent

Revocationwhere public orlocal authority



of the licence has reason to be lieve that the licensee has m adedefault in executing wo rks or supplying electrical energy inaccordance with the provisions of the l icence, the Ministerm ay, af ter such inqui ry as he m ay think necessary, revoke

the licence.

120. In addition to any other powers which theMinister may have in that behalf , he m ay revoke the l icenceat any time with the cons ent and concurrence o f the licensee,upon such terms as the Minister thinks just .

121 . (1) If at any time any licensee, without the authorityof the Minister being first had a nd o btained in wri t ing, dis-continues, or m akes default in, the supply of electrical energyas incum bent on him by his licence, or, after having receivednot ice to remedy o r m ake goo d any defects, fails or neglectsto mak e such provisions as will ensure a regular and sufficientsupply of electr ical energy, or for any other cause or reasonwhatsoever m akes, or cont inues to mak e, such defaul t in thesupply of electr ical energy as to cause or be l iable to causedang er or loss to the public, the Minister ma y autho rize anofficer of the Government to enter upon the works of thel icensee, and to suspend his l icence, and for thwith to do al lsuch things deeds and w orks as he m ay consider necessaryfor the maintenance and continuation of the supply ofelectrical energy from the works, plant and app aratus of the

licensee.

(2) Any person o bstructing, or causing obstruction to, anofficer so authorized by the M inister in the carrying out ofsuch duties and w orks shall be guilty of an offence and liableto a fine not exceeding thirty thousand shillings.

(3 In any case where the Minister takes action under thissection, the licence, together with all rights, powers and autho-r i t ies, of the l icensee in the area con cerned sh al l forthw ith

cease and determine, or o therwise as the Minister thinks fit.

(4) The Minister may continue the operation of suchworks, plant and apparatus for such period as he deemsexpedient and take the m easures or proceed as descr ibed insec t ion 12 3 and an y com pensat ion to which the licensee i sentitled shall be that which may be determ ined in the mannertherein provided.

is licenseeand worksnot executed.L.N. 649/1963.

Revocation oflicence withconsent.L.N. 649/1963.

If licenseediscontinuessupply, Ministermay operateSWIM.

27 of 1952, s. 13,L.N. 649/1963.

1 0 8AP. 314lectric PowerRev. 1986

(5) W here the gen erat ion or supply of electr ical energyunder any licence m ay be interrupted or affected to the detri-



ment of the public or the consumers, by the demise of anindividua l or other disabi l ity not provide d for by this Act,then, on any such occurrence and only if necessity arisesfor any immediate action pending any action by the Minister,i t shall be lawful for and incum bent on the Provincial Com-m iss ioner or Provincia l Comm iss ioners of the province orprovinces in which the generat ion and supp ly i s or shouldbe effected or given, either by himself or themselves or throughany Dis t r ic t Com m iss ioner o r m agis t ra te , to ex erc ise suchauthority and give such instructions as may be necessary

in the public interest for the proper continuance o r resumptionof the generation or supply of such electrical energy.

(6) W here any Provincial Com missioner takes any actionunde r this section, he shall imm ediately report to the Ministerby telegram the ci rcumstances of the case an d of the act ionhe has taken.

Revocation notto absolve

licensee from

liability for

damages andpenalties.

L.N. 649/1963.

122 . (1) The revocat ion by the Minister of any l icence

shall not indem nify the licensee against the infliction of anypenalties to which he may have become liable under the

l icence or thi s Act by reason of any defaul t , or agains t therecovery from h im by any con sumer of any dam ages sustainedby such consum er by reason of the defaul t of the l icenseein the performance o f his obligations under the licence.

(2) The amou nt of any penal t ies or dama ges for whichthe l icensee m ay be l iable under this sect ion shal l rank as acharge agains t any purchase money to which such l icenseem ay be ent i tled in respect of any o f hi s works , and a cour tmay interdict the payment to such l icensee of such purchasem oney or part thereof, pending the result of any legal actionin respect of such penal t ies or dam ages , or otherwise unt i lsuch claims have been agreed or settled.

123 . If the Minister in any case where a p ublic or localauthority is not the l icensee at any t im e revokes a l icence

und er any o f the provisions of this Act or of the licence, thefollowing provisions shall unless otherwise provided for haveeffect—

(a) the Minister shall serve a notice of the revocationupon the licensee and upon the public or localauthority or autho ri t ies in the area of supply, andshal l in that not ice fix a date at which the revo ca-t ion shal l take effect , and from and after that date

Provisions where

licence revoked.27 of 1952,

s. 13,

L.N. 649/1963.

Notice of

revocation.

Rev. 19861


all the rights, pow ers and autho rities of the licensee



und er this Act or the licence shall absolutely cease

and determine;

(b)within two m onths after the service of the not ice bythe Minister upon the pu blic and local authori t ies,such authorities or any of them, if they think fit,m ay apply to the Minister for a licence autho rizingthem to operate the undertaking, with or withoutmodification, and the Minister may grant such

appl icat ion up on such terms and condi t ions as hesees fit, or he m ay refuse the application;

(c)whe re the Minister has granted such application, theapplicant may by notice in writing require thelicensee to sell, and thereupon the licensee shallsell to him all works suitable for and used orin possession for use by such l icensee for the pur-poses of the undertaking und er such licence, and anyquestion which may arise in relation to such saleand purchase shall, in default of agreement, bedetermined in accordance with the provisions ofsection 138;

Public or localauthority mayapply forlicence.

Public or localauthoritypossessinglicence mayrequire licenseeto sell.

(d ) where an y pu rchase i s so effec ted, the under taking Vesting of

when purchased shall vest in the public or local undertaking

authori ty or public or local authori t ies m aking the

purchase, freed from any debts, mo rtgages or similarobligations of the licensee or attaching to the un der-taking; and the revocation of the licence of the

licensee shall be absolute;

Procedure ifapplication bylocal authoritynot received

or is refused.

(e ) i f no appl icat ion is m ade as above or i f the Ministerrefuses to grant a licence to any public or local

authority, under the preceding provisions of thissect ion, the Minister may, by giving pub l ic not ice,take such other measures as he thinks fit for the

disposal, under a licence, of the rights, powers,

dut ies and ob l igat ions essent ia l to the renewed orcont inued operat ion of the und ertaking, and of theland, buildings, works, m aterials and plant of thelicensee suitable to the purposes of the unde rtakingas aforesaid;


Conditions asto purchase.

(f)should any pu rchase be effec ted in consequence of



Removal oflicensee's works

where no saleis effected .

Costs ofremoval ofworks.

any such action of the Minister, the value tobe agreed or estimated and the revocation of

the licence and the investment of the purchaserwith such licence and the rights, powers, duties andobligations thereof, together with such land , build.ings, works, m aterial and plant , shal l be as i f suchpurchaser were the purchaser under paragraphs (c)

and (d);

(g)where no p urchase has been effected under the pre-

ceding provisions of this section, the public or localauthority, and any bo dy or person who m ay be liablefor the reinstatement, maintenance or repair of anysite on which, or for the repair of any street or partof a street in which, any work s of the licensee hav ebeen placed, may (subject however to any agreem entbetween the pu blic or local authori ty or that bod yor person and the licensee providing for the removalof those works by the l icensee) for thwi th remo ve

those works with all reasonable care, and the licenseeshal l pay to the pu blic or local authori ty, or othersuch body or person as aforesaid, such reasonablecosts of the removal and of the reinstatement orrepair of any si te or for the repair of any street orpart of a street as may be specified in a notice to beserved on the licensee by the public or local authorityor other body or person, or (if so required bythe l icensee, within one week after the service of

the notice upon him) as may be determined byarbitration;

(h)i f the l icensee fai ls to pay su ch reason able costs asaforesaid within one mo nth after the service uponhim o f the notice, or the delivery of the award ofthe arbitrator, as the case may be, the public orlocal authority, or other such body or person as

aforesaid, may, without previous notice to thelicensee (but without prejudice to any other remed ywhich they may have for the recovery of the amount),sell and dispose of any su ch works as aforesaid, eitherby pub lic auction or by private sale, and for suchsum or sums and to such person or persons as theym ay think f i t; and m ay, out of the proceeds of thesale , pay and re imb urse themselves the amoun t ofthe costs so specified or settled as aforesaid and of

Rev. 19861lectric Power

AP. 3141 1

the costs of sale, and the balance (if any) of the



proceeds of the sa le shal l be paid ov er by them tothe licensee;

( i) in case the pub l ic or local author i ty or an y bo dy o rperson may be entitled to compensation for anydam age susta ined by them b y reason or in conse-quence of the execut ion of any works as aforesaid,or the exercise of any p owers of the licensee, or forany expe nses to which that public or local authority,body or person may have been put in removing anyworks of the licensee under this Act, that com-

pensat ion shal l be a f i rs t charge on any mo ney thatmay have been deposited or secured by the licenseeunder this Act, and which may not have beenrepaid or re leased to the l icensee, and that m oneyshall be applied rateably in satisfying claims , and inevery such case the amou nt of compensat ion to bepaid in respect of the various claims, and the person sto whom it is to be paid, shall be determined byarbitration.

124. (1) If the Minister, in a case where a public orlocal authority is the licensee, at any time revokes thelicence as to the whole or any part of the area of supply,any au thori ty or person w ho m ay be l iable for the reinstate-m ent , maintenance or repai r of any s i te upon which, or forthe repair of any street or part of a street within that areaor part thereof in which, any works of the licensee have beenplaced may forthwith remove those works with al l reasonablecare, and the l icensee shal l pay to such a uthori ty or personsuch reasonable costs of the removal as are specified in anotice to be served on the licensee by such authority or person,or ( if so required by the l icensee within one we ek after theservice of the notice upon him) as may be determined byarbitration.

(2) If the l icensee fai ls to pay su ch reason able costs asaforesaid within one month after the service upon him ofsuch no t ice or the d el ivery of the award o f the arbi t rator , asthe case may be, such authori ty or person as aforesaid may ,without any previous notice to the licensee (but withoutprejudice to any other remed y which they m ay have for therecovery of the amou nt), sell or dispose of any such works asaforesaid, either by public auction or private sale, and forsuch sum or sums and to such person or persons as theym ay think fi t , and m ay, out of the proceeds of sale, pay and

Compensation

for damage

entailed by

removal.

Where public

or local

authority is

licensee and

licence is

revoked.

L.N. 649/1963

1 1 2AP. 314


reimburse themselves the amount of the costs so specified ordetermined as aforesaid, and of the costs of sale, and the



balance (if any) of the proceeds of the sale shall be paid over

by them to the licensee.Defective worksor contraventionof rules.27 of 1952,s. 13 and Sch.,L.N. 36/1961.

125. (1) If at any tim e it is established to the satisfactionof the Minister—

(a )that the licensee is making any default under thisAct or any rules mad e thereunder as to s tandardsor m odes, materia ls, apparatus, system, p ressure orfrequency, or (except in accordance with the pro-visions of this Act or such rules) has perm itted anypart of his circuits to be connected with earth orplaced any electric supply line above groun d;

(b)that any electric supply lines or wo rks of the licenseeare defective, so as not to be in accordance with theprovisions of the licence or this Act or any rulesmade thereunder; or

(c)that any wo rks of the l icensee or his supply of elec-tr ical energy is at tended w ith danger to the pu blicsafety, or injuriously affects any telegraph or tele-graph line of the Postmaster-General, or of theauthor i ty responsib le for the managem ent of anyrailway,

the Minister m ay by order specify the matter complained of ,and require the licensee to abate or discontinue it within suchperiod as is therein specified in that beh alf, and if the licenseemak es defaul t in complying with the order he shal l be l iableto a penalty not exceeding six hun dred shillings for every dayduring which the default continues.

(2) The Minis te r may a lso i f he th inks f i t by the sam eor any other order forbid the use of any electr ic supply l ineor works as from su ch date as may be sp ecified in that behalfunt i l the order is com plied with, or for such t ime as m ay bespecified, and if the licensee m akes use o f any such electricsupply l ine or works w hile the use thereof is so forbiddenhe shal l be l iable to a pen al ty not exceeding three thousandshillings for every da y during which the use continues.

(3) In any case of non-compliance with an order underthis section, whether a pecuniary penalty has been recov eredor no t , the M inister , i f in his o pinion the pub lic interest sorequires. may revoke the l icence on such terms as he thinksjust.

Rev. 19861

lectric PowerAP. 3141 3

126. Where any security, other than the securityrequired to be given by the licensee under section 42,

Nature andamoun t o fsecurity.



is required under this Act to be given to or by the

licensee, that security may, subject only to the rights ofei ther par ty un der any pre-exis t ing cont rac t between themor any express provision of this Act, be of such natureby way of deposi t or otherwise and of such am ount as maybe agreed upo n between the parties, or as in default of agree-m ent may be determined , on the appl icat ion of ei ther par ty,by a court, or, on agreed reference by all parties, by theMinister , and the co urt or the Minister , as the case m ay be ,m ay also order by w hich of the part ies the costs of the pro-

ceedings b efore it or him shall be paid, and the de cision of thecourt or the Minister , as the case m ay be, shal l be final andbinding on all parties.

127. (1) Any of the pow ers under this Act or under theElectric Supply Lines Act vested in the Minister may bedelegated by the Minis ter respect ively to the Po wer B oardprovided for by section 150 and all things requiredor authorized by these enactments or a licence to be done by,

to or before the Minister may , in respect of the powers sodeputed, be done by, to or before the Pow er Board.

(2) Any of the powers under this Act or under theElectric Supply Lines Act vested in the Minister may bedelegated by the M inister to any officer appointed or nom i-nated by him for that purpose, and all things required orauthorized by e ither of such Acts or a l icence to be done by,to or before the Minister may , in respect of the powers so

deputed , be done by, to or before the off icer so appointedor authorized.

(3) All docum ents purport ing to be orders made b y theMinis ter , or the Pow er B oard, or the o ff icer author ized bythe Minister, as the case m ay be, shall be received in e videnceand shall be deem ed to be those o rders without further proofunless the contrary is shown.

(4) A cert ificate signe d by the M inister that any o rder

m ade or act done is his order or act, as the case m ay be, shallbe conclusive evidence o f the order or act so certified.

128. (1) Where this Act or the Electric Supply LinesAct or a licence provides for any authority, consent or

approval of the Minister, the Minister may give thatauthority, consent or approval subject to terms or conditions,or m ay w ithhold h is authority, consent or approval , as in hisdiscretion he may think fit.

27 of 1952,s. 13.

Delegation ofpowers toPower Board.27 of 1952,s. 13,L.N. 36/1961,L.N. 649/1963.Cap. 315.

Approval ofMinister.27 of 1952,s. 13,L.N. 36/1961,L.N. 649/1963.Cap. 315.


(2) All costs and expenses of or incidental to any order,certificate, authority, consent or approv al of the M inister, the



Power B oard or the off icer appointed or nom inated by theMinister , or of any electr ical inspector or p erson ap pointedby the M inister, including the co st of any inquiry or test forthe purpose of determining whether the same shou ld be givenor made, to such an amount as the Minister, the PowerBoard o r such officer, inspector or person, as the case may b e,cert if ies to be d ue, shal l be borne and paid by the appl icanttherefor, subject to the provision s of this Act :

Provided that, where any approval is given by theMinister to any plan, pattern or specification, the Minister m ayrequire such copies of the plan, pattern or specification as hethinks fi t to be prepared and d eposi ted at a specified officeat the expense of the applicant.

Notice of

application

for extension of

time, revocation

of licence oralteration of

area.

L.N. 36/1961,

L.N. 649/1963,

5 of 1965, s. 10.

129. (1) Subject to any provision in this Act to thecontrary, before making any application to the Minister—

(a ) to authorize, consent to or approve o f the altering orvarying o f any provision co ntained in this Act or al icence wh ich i t is provided by this Act m ay be soaltered or varied;

(b)for any authority, consent or approval required underthis Act;

(c)to dispense with any authori ty, consen t or approv alof any pu blic or local autho ri ty which is requiredwith regard to any matter arising under this Act

when such consent or approval is refused or with-held;

(d)for the revocat ion of any l icence, if as to an area ofsupply, for the whole or any part of such area;

(e)for the alteration or variation of any licence or ofany area defined therein; or

(f)for the renewal of any licence granted under this

Act,

the intending app licant shall give notice by public advertise-m ent of the in tended appl ica t ion no t mo re than s ix ty daysand n ot less than thir ty day s, or , in the case o f any app lica-t ion for revocat ion of a l icence, not m ore than ninety daysand n ot less than sixty days, before the applicat ion is to bemade.

Rev. 1986]


(2) Every such advertisement shall be pub lished in eachof two successive week s in the Gazette and once at least in



each of two successive weeks in some one and the sam e news-

paper ci rculat ing in the area or proposed area of supp ly andin any other area concerned in the application and shallcontain the following particulars—

(a )a short title descriptive of the application;

(b)the date of the intended application;

(c)the nam e, address and description of the applicant;

(d)a statement of the object of and reasons for the

application;(e )a description of the area or areas (if any), and of anypubl ic or local authori ty, compan y, person or bod yof persons (if any), which will or may b e affected bythe grant of the application;

( I ) a s ta tem ent of how or of the manner in which sucharea or areas, or such public or local authority,company, person or body of persons, wil l or may beaffected by the gran t of the application.

(3) As well as giving such notice by public advertisement,and w ithin the time specified for its publication, the intendingapplicant shall serve a notice in writ ing with the aforesaidparticulars on every public or local authority or licensee whowill or may be affected by the grant of the application.

(4) Every such notice must sta te that any public or localauthor ity , company, person or b ody of persons des i rous ofmak ing any representat ion o n o r object ion to the appl icationm ust do so b y le t ter addressed to the Minis ter and m arkedon the ou tside of the cover enclosing it "Electric Powe r Act",on or before the expiration of thirty days or, in the case of anapplication for the renewal or rev ocation of any licence, sixtydays from the date of the applicat ion as stated in the noticeand that a copy of such representat ion or object ion m ust beforwarded to the applicant.

(5) The appl ica tion addressed to the Minis te r may bepr in ted or typed, and m ust be s igned or sea led , as m ay belegally necessary, by or on behalf of the applicant anddel ivered to the Minis ter and m arked on the outs ide of thecover enclosing it "Electric Power Act", together with proofsof the applicant's com pliance with the provisions as to noticeson or before the date sta ted in the notice as being and w hichshal l be the date of the applicat ion.


(6 ) The Minister shall consider any such application and

any representation or objection which has been made respect-



ing the same, and may make or order such inquiry as he thinks

fit and may refuse or may grant the application with suchconditions or modifications as he deems expedient.

(7 ) The provisions of subsections (1), (2), (3) and (4)

shall not apply to applications for authority of the Minister

under subsection (2) of section 4, or subsection (3) of section

41.

Notice ofapplication

for licenceL.N. 36/1961,L.N. 649/1963,

5 of 1965, s. II.

130. (1) Before making any application for a licence, the

intending applicant shall give notice by public advertisement

of the intended application not more than ninety days and not

less than sixty days before the application is to be made.

(2) Every such advertisement shall be published in each

of two successive weeks in the Gazette, and once at least in

each of two successive weeks in some one and the same news-

paper circulating in the area or proposed area of supply and

any other area concerned in the application, and shall contain

the following particulars—

(a ) a short title descriptive of the application;

(b ) the date of the intended application;

(c) the name, address and description of the applicant;

(d ) a short statement of the purposes for which the licence

is required;

(e ) a description of the proposed area of supply (if any)

and of such part (if any) of such area within which

it is proposed that the supply of electrical energyshould be compulsory;

(f) the names of the streets (if any) or a description of

the routes where it is proposed that electric supply

lines shall be installed within a specified time;

(g ) the address of an office in Nairobi and another office

within the area of supply at which printed or typed

copies of the draft licence to be applied for and of

the licence when granted, and of any other par-ticulars required by this Act can be inspected by

the public;

(h ) in any case relating to an application for a licence by

which it is proposed to obtain powers to authorize

the compulsory acquisition or the use of land for the

purposes of a generating station, substation or switch

station, a description of that land;

Rev. 19861


(0 in any case relating to an application for a licence



of the purposes of the generation or supply of elec-

trical energy, a description of the position or positionsof the works to be purchased;

(j) in any case relat ing to any comb ination of any publicor local authorities, the basis upon which such com -bination proposes to operate and upon w hich therepresentation on, and the financial requirements of,the com bination or of any joint com mittee or jointboard representing such combination, and the contri-

bution to the common fund by the constituentauthorities are to be provided for.

(3 ) As well as giving such notice by public advertisement,and within the time specified for its publication, the intendingapplicant shall serve a no tice in writing w ith the aforesaidparticulars on every local authority in the area or proposedarea of supply and in any other area concerned in the applica-tion; but, where the intending applicant is a local authority and

the application to be ma de relates to an area in the jurisdictionof the intending app licant, the provision as to notice to thelocal authority shall not apply.

(4 ) Every such notice, whether by public advertisementor by service in writing, must s tate that any pu blic or localauthority, com pany, person or body of persons desirous ofm aking any rep resentation on or objection to the applicationor to the grant of the licence m ust do so b y letter addressed tothe Minister and m arked on the o utside of the cover enclosingit "Electric Power Act", on or before the expiration ofsixty days from the date of the application as stated in thenotice and that a copy of such representation or objection m ustbe forwarded to the applicant.

131. (1) (a ) The applicant mu st in each case prepare adraft of the licence being applied for.

(b )The draft l icence must be printed or typed on one side

only of the paper, and each schedule annexed mu st begin anew page.(c)The nam e and ad dress of the applicant for the licence

must appear on the outside of the draft.

(d )The notice contained in the advertisement as to repre-sentations or objections must appear at the en d of the draft.

(2) The draft must contain, amongst other things—(a) the name, address an d description of the applicant;

D r aft l i ce nce .S of 1965, s. 12.

118AP. 314


(b ) a description of the proposed area of supply and com-

pulsory area (if any) and, in the case of a bulk supply



licence, a description of the routes, streets, roads,

railways or tramways, and, in the case of a distri-buting licence, the names of the streets, along which

it is proposed that electric supply lines shall be

installed for the purpose of giving the supply;

(c) a statement of the purposes for which a supply is to

be g iven;

(d ) a statement of the maximum prices which may be

charged, in the case of a bulk supply licence, for a

bulk supply, and, in the case of a distributing licence,for a supply for-

(i) industrial power;

(ii) industrial lighting;

(iii) domestic power;

(iv) dom est ic l ight ing;

(v ) lighting for public lamps;

(vi) power other than for industrial or domestic

purposes ;(vii) lighting other than for industrial or domestic

purposes or for public lamps;

(e) a statement of the proposed method or methods of

rebate on or reduction of the maximum price or

prices in consideration of any stated improvement in

the conditions of the demand by reason of —

(i) load factor;

(ii) power factor;

(iii) time of the demand; or

(iv) other circumstances of the demand;

(f ) in the case of a licence to authorize the compulsory

acquisition or the use of land for the purposes of

a generating station, substation or switch station, a

description of such land;

(g )in the case of a licence relating to the purchase of anyworks used for the purpose of supplying electrical

energy, a description of the works to be purchased

and of the area in which electrical energy is supplied

theref rom;

(h ) in the case of a licence relating to any combination of

any public or local authorities-

(i) a description of the purposes of the combination;

Rev. 19861

lectric Power AP. 31419

(ii) provisions for constituting the committee orboard of man agem ent or other directorate of the



comb inat ion, for the appointment and rem ovalof mem bers and for the m eet ings of the com-mittee or board of m anagem ent or other direc-torate of the combination;

(iii) provisions —

(a ) relating to the financial arrangem ents betweenthe proposed constituent authorities;

(b)for the appointment and remuneration of

officers; and

(c)for settl ing differences between committee.board o r other directorate, and any of theconstituent authorities;

(iv) provisions as to the auditing of accounts;

(v) provisions for adapt ing any l icence in force inthe area of supply or any part thereof to thecase of the committee, board or other directorateproposed to be constituted;

(i ) the period (if any) for wh ich the licence is applied for;

(Da statem ent of the conditions (if any) which ha ve beenagreed upon be tween the appl icant and any loca lauthority in the area of supply as to the purchase ofany works under the licence;

(k ) a statement of the conditions (if any) which have beenagreed upon be tween the appl icant and any loca l

authority in the area of supply relating to the worksunder the licence in the area of the local authority.

132. The applicant must in each case, when m aking theapplication, deposit with it—

(a ) three printed or typed copies of the draft licence;

(b ) a list of the local authorities in whose districts the areaor proposed area of supply is situated;

(c)in the case of an appl ication relat ing to the purchaseof any works u sed for supplying electrical energy, aList of the local authorities within whose districts theworks are situated;

(d ) a l is t of the pub lic or local autho ri ties, com panies,persons or bod ies of persons ( i f any) authorized tosupply electrical energy within the area or proposedarea of supply;

Articles and

particulars to be

deposited with

the application.

I20AP. 314lectric PowerRev. 1986

(e) in the case of an application by a public or localauthority, the following particulars-



(i) the sum proposed to be expended on the under-

taking;(ii)whether it is proposed to raise a loan for the

purposes of the undertaking or otherwise howthe mon ey required is to be provided;

(iii)in the case o f a local authority, the rateable valueof the district;

(iv)the amou nt of indebtedness and the borrowingpowers of the a pplicant for all purposes;

(v)in the case of a local authority, the amou nt of therates in the pound ;

(vi)a statemen t, including a detailed estim ate of thecost, showing that a definite scheme for thepurposes of the l icence being app l ied for hasbeen prepared and considered by the publ ic orlocal authori ty, and the report of a com petentengineer on the proposed scheme;

(f ) in the case of an application by or relating to anycom bination of any public or local authorities, therem ust be depo sited with the application, in additionto such of the deposits hereinbefore specified as areapplicable, the following p articulars-

(i) the rateable value o f each of the districts of theproposed co nstituent authorities;

(ii)the amoun t of the indebtedness and the borrow-ing powers of each of the proposed consti tuentauthorities;

(iii)the am ount of rates in the pound in the districtsof each of the proposed co nstituent authorities;

(iv)where the proposal is not for the combination ofexisting undertakings actually worked, a state-m ent, including a detailed estimate of the cost,

showing that a definite scheme for the purposesof the licence being applied for has beenprepared and considered by the proposed con-stituent authorities, and the report of a com-petent engineer on the proposed scheme;

(v)a sta tement of the proportions in which the costi s to be d efrayed by the propo sed const i tuentauthorities;

Rev. 19861

lectric Power AP. 3142 1

(vi) a copy of any agreement between the pro-posed consti tuent autho ri t ies relat ing to the



application;

(g ) in the case of an application other than by an y publicor local authority or authorities, the following

part iculars-

(i)a statement, including a detailed estimate of thecost, showing that a definite schem e for the pur-poses of the licence being applied for has beenprepared and co nsidered, and the report of acompetent engineer on the proposed scheme;

(ii)a statement of the capital proposed to beexpended in connex ion with the undertaking,and the m ode in wh ich such capi ta l i s to beprovided;

(h ) if the applicant is a compan y, a copy of the mem o-randum and articles of association.

133. (1) The applicant must on o r before the date of the

application deposit at the offices named in the advertisementprinted or typed copies of the d raft of the licence being applied

for.

(2 ) If any public or local authority, company , person orbody of persons desires to bring before the Minister any repre-sentation or objection respecting an app lication for a licence,such representa t ion or objec t ion m ust be m ade by le t teraddressed to the Minister marked on the o utside of the cover

enclosin g it "Electric Pow er Act", before the ex piration ofsixty days from the date of the application as stated in theadvertisement.

(3) If any public or local authority, company , person orbody of persons desires to have any clause or other amendm entinserted in the licence, they mu st in like m anner deliver thesam e to the Minister and also deliver to the applicant a copyof any such representation, objection, clause or amendm ent

before the expiration of sixty days from the date of theapplication.

(4) The Minister after the expiration of sixty day s fromthe date of the app lication, shall consider the applicationtogether with every such representation or objection, and aftersuch further inquiry (if any) as he thinks necessary m ay refuseor m ay grant the applicat ion on such terms or conditons andfor such area as he thinks fit.

Procedure on

consideration

of and granting

licence.

L.N. 36/1961,

L.N. 649/1963,

L.N. 365/1964 .


(5 ) When a licence has been granted by the Minister, and

delivered to the applicant, he shall, within thirty days from

the date of such delivery, deposit printed or typed copies of



the licence for the inspection of the public at the offices named

in the advertisement at which copies of the draft of the licencewere depos i ted.

(6 ) Where in a licence granted by the Minister, a de-

posited map is referred to, the licensee must within thirty

days from the grant of the licence deposit with the Minister a

published map, mounted on linen, on a scale of not less than

six inches to one mile, or if there is no published map then the

best map procurable, mounted on linen, showing the area ofsupply.

(7 ) If the Minister deems it expedient, he may appoint

a competent person to hold an inquiry into any matter relating

to any application under this Act and to report to the Ministerthe result of such inquiry.

(8 ) Any such inquiry shall be held in public, and anyperson interested in the matter under consideration may appear

at such inquiry either in person or by agent.(9 ) The witnesses on the inquiry may, if the person hold-

ing the inquiry thinks fit, be required to make their statements

on oath, which oath the person holding the inquiry is herebyauthorized to administer.

Procedure whenland to be

acquired

compulsorily.

L.N. 36/1961.L.N. 649/1963,

L.N. 365/1964.

134. (1) In addition to any other notices to be given

concerning the purposes of an intended application, any

intending applicant for a licence (or for an order or for any

authority of the Minister) by which it is proposed to obtain

powers for the compulsory acquisition of land for any of the

purposes of a generating station, substation or switch station

must give notice by public advertisement not more than ninety

days and not less than sixty days before the date of theintended application.

(2) Every such advertisement shall be published in each

of two successive weeks in the Gazette and once at least in

each of two successive weeks in some one and the same news-

paper circulating in the area or proposed area of supply, and in

any other area concerned in the application, and shall containthe following particulars—

(a) a short title descriptive of the application;

(b ) the date of the intended application;

(c ) the name, address and description of the applicant;

Rev. 19861


(d)a description of the land propo sed to be acquired; and

(e )a s tatemen t of the reasons why the land so d escr ibed



should be acquired by the intend ing applicant.

(3) As well as giving such notice by public advertisementand w ithin the time specified for its publication, the intendingappl icant shal l serve a no t ice in wri t ing upon the own ers orreputed owners, lessees or reputed lessees and occupiers of alllands to be so acquired as show n on the plan to be depositedwith the notice describing in each case the p art icular landsproposed to be so acquired.

(4)Every such n otice must state that any of such owners

or reputed own ers, lessees or reputed lessees or o ccupiers ofany o f the lands so described, or any pu blic or local authority,com pany, person or body of persons, desirous of making anyrepresentation on or objection to the application or to the grantof the powers applied for m ust do so by let ter addressed tothe Minister and marke d on the outside of the cover enclosingi t "Electric Power Act", on or before the expiration of sixtydays from the date of the application as stated in the notice,

and tha t a copy of the representa t ion or o bjection m ust beforwarded to the applicant.

(5) The applicat ion m ay be printed or typed, and m ust besigned or sealed, as may be legally necessary, by or on behalfof the applicant and d elivered to the Minister, together with acopy of the plans attached to the n otice and with proofs of thepublication of the n otices by advertisemen t and of the servicesof the notices in wri t ing on or before the da te stated in the

notices as being , and which sha ll be, the date of the applica-tion.

(6) The Minister, after the expiration of sixty da ys fromthe date of the application, shall consider the applicationtogether with al l representat ions or object ions wh ich havebeen m ade respecting the sam e, and after such further inquiry( i f any) as he thinks necessary m ay refuse or may grant theappl ication on su ch terms or con di t ions as he ma y think fi t .

(7) Where the Minister authorizes the compulsory acqui-si t ion of an y land by a l icensee for the purposes o f a gene-rating station, substation or switch station, the authority sh all

constitute—

(a ) an acknowledgem ent that the Go vernm ent is satisfied,in terms of the Land Acquisition Act that the Cap. 295.

acquisition is need ed for the work an d that the workis l ikely to prov e useful to the pub lic; and


(b ) an und er taking on the par t of the Gov ernment that ,at any time within a period specified in the authority,which period shal l not exceed three years from the



Procedure on

application forlicence to

construct

generatingstation.

27 of 1952,s. II,L.N. 36/1961,

L.N. 649/1963,5 of 1965, s. 13.

date on w hich the author i ty i s given, the Gov ern-m ent will, at the request of licensee and on com ple-t ion by the l icensee of an agreem ent under the LandAcquisit ion Act , effect or procure the com pulsoryacquisit ion or set t ing apart of such land in a ccord-ance with the laws for the time b eing in force in thatrespect, and the vesting of such land in the licensee,for such purpose s, either perma nently or for suchperiod as m ay be specif ied in the authority.

(7A) Assessment of com pensation to be paid for any landacquired or set apart unde r this section sh all not take intoaccount any outlay or im provements on, or d isposal of , suchland com m enced, mad e or effected without the sanct ion ofthe Minister after the da te of publication of the autho rity.

(8) The com pulsory acquis it ion o f land for any of thepurposes of any generating station, substation or switch station

shall not be lawful unless application is made in accordancewith the provisions of this section.

135. (1) In addition to any other no tices to be given con-cerning the purposes o f an intended application, any intendingappl icant for a l icence (or for an order or for any authori ty,conse nt or approval of the Minister) to authorize the con-struction of a gene rating station, shall give no tice by publicadver t isement no t mo re than ninety days and not less thansixty days before the application is to be mad e :

Provided that-

(i) the provisions of this subsection shall not apply to theextension or am plification of an existing generatingstation or to the installation of additional planttherein if—

(a )the prior approval of the Minister has beenobtained; and

(b)such additional plant is of the same type andcharacter as the existing plant,

whether or no t the additional plant is to be installedin the exist ing b ui lding or in any extension thereofor in a new building adjacent to the existing building;

Rev. 19861


(ii) if any a dditional plant wh ich is to be installed is notof the same typ e and character as the existing plant,the provisions of this sub section shall apply, but the



period of the notice thereby required to be given shallbe fourteen days only.

(2) Every such advertisement shall be pub lished in eachof two successive week s in the Gazette and once at least ineach of two successive weeks in some one and the sam e news-paper ci rculat ing in the area or proposed area of supply an din any other area concerned in the application, and shall

contain the following particulars—

(a )a short title descriptive of the application;

(b)the date of the intended application;

(c)the name, address and description of the applicant;

(d)a description of the land on which the generating

station is proposed to be constructed;

(e )a description of the machinery proposed to b e installed

in the generating station, particularly as to themann er in which the provisions of subsection (1) ofsection 51 will be complied with;

(f)a statement of the hours during which such m achinerymay be working;

(g)a l ist of places where there ex ist generat ing stat ionsequipped with similar machinery for the purposes of

general supply.

(3) Every such notice must sta te that any public or localauthor i ty , compa ny, person or body o f persons des i rous ofmaking any representation on or objection to the applicationor wi th respect to the proposed wo rks m ust do so b y le t teraddressed to the Minister , and m arked on the outside of thecover enclosing it "Electric Power Act", on or before theexpirat ion of sixty days from the d ate of the applicat ion as

stated in the n ot ice, and that a co py of the representation orobjection must be forwarded to the applicant.

(4) The application addressed to the Minister may beprin ted or typed, and m ust be s igned or sea led , as may belegally necessary, by or on behalf of the applicant, anddel ivered to the M inister marked o n the ou tside of the cov erenclosing it "Electric Power Act", together with proof of


com pliance with the provisions relating to the application onor before the date stated in the notice as being and which shallbe the date of the app lication.



(5) The applicant must in each case when m aking theapplication deposit with such application plans showing —

(a) the site and having a three hundred yards radiusmarked thereon, together with all buildings andstructures within such radius; and

(b)elevations of the proposed ge nerating station; and(c)a general plan of the proposed works.

(6) The Minister after the expiration of sixty days fromthe date of the application, shall consider the applicationtogethe r with every represe ntat ion or object ion, and, aftersuch further inquiry (if any) as he thinks necessary, may refuseor may g rant the application on such term s and conditions ashe thinks fit.

Form o fapplicationand fees .L.N. 36/1961,L.N. 649/1963.

Grant orrevocat ion oflicence to beadvertised.27 of 1952, Sch.,L.N. 36/1961,L.N. 649/1963.

136 . (1) Any appl ication m ay be pr inted or typed an dmu st be s igned or sealed, as may be legal ly necessary, by or

on behalf of the applicant, and delivered to the Minister,marked on the outside of the cover enclosing it "ElectricPow er Act", together with proofs of com pliance with theprovisions herein contained relating to the matter of theapplication, on or before the d ate stated in the notices (if any)as being and w hich shall be the date of the application.

(2) The Minister may prescribe the fees or paym ents tobe paid or made by an applicant for or in respect of any

applicat ion for any l icence or for any au thori ty, consen t orapproval required under this Act.

137 . Wh ere the Minister—

(a )grants any licence or authorizes the compulsoryacquis it ion o f any land or the const ruct ion o f anygenerating stat ion or grants any ap plication as insection 129 of this Act contemp lated, the applicant,

or, where the Minister—(b)revokes an y l icence, authori ty, consent or approv al ,

either in whole or in pa rt, the Minister,

shall give notice by pub lic adve rtisement of the grant of theapplication, or of the revocation, within one m onth of thegrant of the application or of the revocation, as the case m aybe.


138. (1) Subject to any provisions in this Act to the Price of works

contrary or in a licence to the contrary, where under any dettrmincd by

of the provisions of this Act or a licence it is provided ar7

bitration.s2.1o f 1952,



tha t any of the works of any l icensee sha ll or m ay be pur-chased for the purposes of any licence under this Act, L.N. 36/1961,

al l quest ions relat ing to the su i tabi l ity of an y such works or2t i No .f 3 1 79 46 /6 1, 6 4 ,

to the price to be paid therefor, i f not agreed u pon be tween 1st Sch.

the part ies , shal l be d etermined b y arbi t rat ion, but the pr iceof any su ch works sh al l in any case be their or iginal cost tosuch l icensee, as shown by his accounts as audi ted and pub-lished in accordance w ith the provisions of this Act, deductingonly the sum of such a l lowances for deprecia t ion as hav e

or would have from time to time been allowed to suchl icensee in respect of the same works un der subparagraph(ii) of paragraph (d ) of subsection (1) of section 47,

and such allowances for obsolescence of the same worksas from time to time have been actually made to suchlicensee under su bparagraph (iii) of the said paragraph, andany am ounts deem ed by the arbitrator to have been providedfor depreciation or obsolescence of such works by such licenseeon or b efore the 31st December, 1938, and with an addit ion,

where a par t only o f the under taking of such l icensee i spurchased, of such amount as m ay be deem ed reasonable tocompensate such licensee for any loss occasioned by severance,but without any addition in respect of comp ulsory purchaseor of goodw ill, or of profits which m ay or m ight have beenmad e from the works of the undertaking, or for any sim ilarconsideration:

Provided that-

(i) in respect of any works purchased , constructed oracquired by the l icensee wi th m oneys advan cedby a local authority under paragraph (e) ofsec t ion 1 9, no d educt ion shal l for the pu rposes ofthis section be m ade from the or iginal cost thereofexcep t in so far as in the op inion of the arbi tratorthe licensee has had service therefrom ;

(ii)notwithstanding the pro visions of this subsection, it

shall be com petent for the arbitrator to vary the priceto be paid for any works purchased, constructed oracquired on or before the 31st Decem ber, 1938, thesuitability of which for the purposes of paragraph (f )

of section 19 has been disputed an d in his opinion isreasonably in doubt;

(iii)any G overnm ent land comprised in the works to bepurchased and which has been or is leased or granted


for the purposes of the l icence shal l be t ransferredto the new l icensee without paym ent therefor, savein respect of any premium or purchase money paid



Arbitration.L.N. 36/1961.

Mortgagingundertaking.27 of 1952,s. 13.

Licensee not to=gage in otherbusiness.L.N. 36/1961.

by the former licensee, and that any land comprised

in the works to be purchased which was com pulsorilyacquired under any Act or the authority of theMinister for the purposes of the licence shall bevalued at the price paid for it on i ts com pulsoryacquisition as aforesaid.

(2) The Minister may determine any o ther question whichmay ar ise in relat ion to such purchase, and m ay fix the datefrom which such purchase is to take effect, and from and

after the date so fixed, or such other da te as may be agreedupon between the pa rt ies , and approved of by the M inister ,all the works so purchased as afo resaid shall vest in the licenseewho has m ade the purchase, freed from any debts, mortgagesor similar obligations of such first-mentioned licensee or ex-licensee or attaching to his works or unde rtaking.

139 . (1) Where any matter is by this Act, or anylicence, directed to be determ ined by arbitration, such mattershall , except as otherwise expressly provided, be determ ined

by an en gineer or other fi t person as arbitrator, to be agreedto by the parties to the arbitration or, failing such agree m entby the parties, to be nom inated by the M inister on the a pplica-tion of either party.

(2) The expen ses of the arbi t ra t ion sh al l be borne an dpaid as the arbitrator directs.

140. No thing in the l icence shal l prevent the l icensee,in a case wh ere a public or local authority is no t the licensee,

from borrowing m oney on the securi ty of m or tgages of theundertaking, or shall make the consent or approval of theMinister necessary to the validity or effect of any suchmortgage :

Provided that every mortgage of the un dertaking shal l bedeem ed to comprise all purchase mo ney which m ay be paidto the licensee in the even t of any sale or transfer of the unde r-taking or any part thereof, and that any m ortgage granted bythe l icensee shal l not be a charge up on the un der taking, orany part thereof, in the event of the undertaking or that partbeing sold or transferred as aforesaid, and that every m ortgagedeed granted by the licensee shall be endorsed with notice tothat effect.

141. (1) A licensee shall not directly or indirectly haveany interest in any o ther business o f an electrical nature withinhis area of supply. excepting that he ma y undertake the supply

Rev. 1 9 1 3 6 1lectric PowerAP. J141 5

by sa le o r hi re , of e lec t r ica l mo tors, cooking , heat ing ordom estic and industr ial appliances of such a nature as torequire for their operation or use a supply of electrical energy



originating from the wo rks or system of a licensee.(2 ) In any case where any of a licensee's officers, servants,

em ployees or works engaged, employed or used for or inconnexion with any of the purposes of his licence are engaged,employ ed or used in any way for or in connexion w ith anyother business of whatever nature for the purpose o f gain toany person, no expenses of any description of any such officers,servants, employees or works sha ll be charged to the worksor accounts or shall be paid out of any mo ney received byor payable to the licensee under his licence except in so faras i s s ta ted in the l icence or as m ay be authorized by theMinister on application being m ade in the manner prov idedby section 129.

(3 ) The Minis ter may suspend the provis ions of sub-

section (1) from operation in any area or areas, and forsuch t ime as he thinks exp edient , and in any case w heresuch provisions have been so suspended, they shall not

be operative in any such area or areas until after the expirationof twelve mon ths from the date of a notice in the Gazette ofthe intention of the Minister to make operative and to enforcesuch provisions.

142. Any penalty, fee, expenses or other moneys recover-able under this Act or a licence, the recovery of whichis not otherwise specially prov ided for, shall be a civil debtrecoverable summ arily,

143. Nothing in this Act or a licence shall exemptthe l icensee or h is under taking from the provis ions of , ordeprive the licensee of the benefits of, any general Actrelating to electrical energy o r to the supply o f, or price tobe charged fo r, electrical energy which m ay be ena cted afterthe granting of a licence.

144. (1) Although any shore, bed of the sea, river, Saving

channel, creek, bay or estuary is included in the area of supply,concerning

shores and

nothing in the licence shall authorize the licensee to take, use land under

or in any m anner interfere with any portion of that shore or water.27 of 1952, Sch ,

bed of the sea, or of the river, channel, creek, bay o r estuary, L.N. 36/1961,

or any right in respect thereof, or of the water thereof, withoutL.N. 374/1964.

the previous co nsent in writing of the M inister, neither shallanything in the licence or this Act contained extend totake away , prejudice, diminish or alter any of the estates,rights, privileges, powers or au thorities vested in o r enjoyedor exercisable by the Government.

Recovery ofpenalt ies.

Saving ofgeneralActs.


(2) Notwithstanding anything contained in this Actto the contrary, all works for the diversion, abstraction,obstruction or use of water from any body o f water in Ken ya



shall be subject to the provisions of the W ater Act :Provided that, wherever under this Act any such

works are to be purchased for the purposes of any l icence,the provisions of the Water Act shall not apply to suchpurch ase, but the prov isions of this Act shal l apply in l ieuthereof , and such purchase shal l t ake effec t in accordancewith the provisions of this Act.

145. (1) The Minis te r may m ake ru les to regula te thegeneration, transm ission, distribution, supply and use o f elec-trical energy, or that may b e necessary or exped ient for carry-ing out the objects and purposes of this Act, and withoutprejudice to the general i ty of the forego ing for al l or any o fthe following purposes—

(a )providing fo r the securing of a regular, constant andsufficient supply o f electrical energy by a l icenseeto consumers, and for testing at various parts of

the system the regulari ty and sufficiency of suchsupply;

(b)providing for the protection of persons and propertyf rom in jury , shock or f ire or o therwise by reasonof contact with, or the proxim ity of , or by reaso nof the defective or dangerous condition of, anyinstallation, appliance, apparatus or works usedin the generation, transmission, supply or use ofelectrical energy;

(c)providing the mean s to be adopted, whether by pro-hibition or otherwise, for preventing or abating anynuisance likely to arise or arising from the wo rkingof any installation, appliance, apparatus or works;

(d)prescribing gene rally the duties and pow ers of theLicensing B oard or Licensing Officer established ordeputed under section 151 for any purpose whatso-ever;

(e )prescribing the fees to b e paid in respect of any m atteror thing prescribed by this Act or such rules;

(/) empowering the Minister to exem pt any insta lla tion,appliance, apparatus or works from any or all of theprovisions of such rules;

(g ) prescribing al l matters which are authorized by thisAct to be prescribed.

Cap 372.

Rules.

2" of 1952,s. 13 and Sch.,36/1961.


(2 ) All such rules may impose conditions, require actsor things to be performed or done to the satisfaction of theMinister, empo wer the Minister to issue orders e ither verbally



or in writing requiring acts or things to be performed or done,prohibiting acts or things from being pe rformed or do ne, andma y prescribe periods or dates upon, within or before whichsuch acts or things shall be performed or done o r such condi-tions shall be fulfilled.

(3 ) In making any rule under this Act, the Ministerm ay provide that every breach thereof shall be punishablewith a fine not exceed ing one thousan d shillings or a term o f

imprisonment not exceeding three m onths or both.

Procedure formaking rules.27 of 1952, Sch.,L.N. 36/1961.

146. (1) Before m aking any ru les under th is Act, theMinister shall publish, in such manner as he may thinkbest adapted for informing the bo dy or person affected, noticeof the proposal to m ake, amend or repeal any rules and ofthe place where copies of the draft rules m ay be ob tained,and of the time (which shall not be less than twenty-eight days)within which any objection m ade with respect to the draftrules by or on beh alf of persons affected m ust be sent to theMinister.

(2) Every ob jection m ust be printed, typed o r written,and state—

(a ) the draft rules or portions of such rules objected to;(b )the specific grounds of objection; and(c)the omissions, additions or m odifications asked for.

(3) The Minister shall consider any objection made by oron behalf of any person appearing to him to be affected whichis sent to h im w ith in the required t im e, and he m ay, i f hethinks fit, amend the draft rules.

(4) Wh ere the Minister has received an ob jection to anydraft rule, he may , provided the objection does no t appearto him to be fr ivolous, imm aterial or opposed to the p ublicinterest, before m aking the rule, direct an inquiry to be heldin the manner h ereinafter provided.

147. (1) The Minister m ay appoint a com petent personto hold an inquiry with regard to any draft rules, and to reportto him thereon.

(2) The inquiry shall be held in public, and any persondeputed by the M inister and any objec tor, and any o therperson who, in the opinion of the person ho lding the inquiry,is affected by the draft rules, may appear at the inquiry eitherin person or by agent.

Inquiries onproposed rules.L.N. 36/1961.

132AP. 314lectric Power Rev. 1986

(3) The witnesses on the inquiry m ay, if the person h old-ing i t th inks f i t, be required to ma ke their s ta tem ents on o ath,which oath the person ho lding the inquiry is hereby authorized



to adm inister.

(4) Subject as aforesaid, the inquiry and al l proceedingspreliminary and incidental thereto shall be conducted inaccordance with procedure prescribed by the Minister.

(5) The fee to be paid to the person holding the inquiryshal l be such as the Minis ter may d irect, and shal l be deem edto be part of the expenses o f the Minister in the execu tion ofthis Act.

Licensee tokeep certifiedcopy of rules.27 of 1952, Sch.

Power oflicensee tomake by-laws.

27 of 1952,s. 12,L.N. 36/1961.

148. (I) The rules for the t im e being in force shall , withinone month after they have come into force, as made or last

altered, be printed at the expense of the licensee, and a truecopy thereof, certified by or on behalf of the licensee, shallbe ke pt by the l icensee at h is principal off ice within the areaof supply, and supplied to any person demanding them at

such price as the Minister may approve for each copy, and,where a public or local authority is not the licensee a like

copy shall also be forthwith served upon the public or localauthority or authorit ies within the area o f supply.

(2) If the licensee makes default in complying with theprovisions of this section, he shall be liable to a penalty notexceeding one hundred and fifty shillings, and to a dailypenal ty not exceeding o ne hun dred and f i fty shi l lings.

149. (1) A licensee may , with the approv al of the Minis-ter , m ake by-laws to be observe d by con sum ers of electr ical

energy gov erning general ly the supply, use, m etering, methodsof charge and charges for electrical energy.

(2) By-laws made under this section may in particular,but without prejudice to the generality of the power con ferredby subsection (1) of this section—

(a) provide for the conditions of supply;

(b ) provide for the terms an d length of contracts requiredto be entered into;

(c)provide for the requirements to be observed by theowners or occupiers of multi-storey and industrialpremises in respect of any works whether theproperty of the owne r or occupier or of the licensee;

(d )prescribe the charges to be paid by consumers inrespect of the reading of meters, other than theper iodical reading ma de by the l icensee;

Rev. 19861


(e)provide for the terms and conditions upon whichpremises are connected or works are tested orrepaired, and prescribe the charges (othe r than the



actual cost of repair work) to b e paid therefor;(f)prescribe from time to time the rates to be paid by

consum ers for e lectrical energy consumed by them ;

(g)prescribe the pressures at wh ich electrical energy is tobe supplied to consumers.

(3) At least fourteen da ys before application for approvalof any by -laws intended to be m ade by a l icensee under thissection is mad e, notice of intention to apply for such app roval

shal l be given in the Gazet te and in one or m ore local news-papers circulating in the area to which the by-laws apply.

(4) For at least fourteen days before application forapproval of any by-laws is m ade, a copy of the by-laws shallbe deposited at the offices of the licensee, and shall at allreasonab le hours be open to public inspect ion without pay-m ent, and the licensee shall on application by any perso n andon payment of a sum not exceeding fifty cents for every

hundred words furnish to such person a copy of the by-laws.

(5) By -laws m ade und er this sect ion shal l , unless som eother date i s therein speci fied, have effec t f rom the date ofthe approval thereof, which said approval shall be notified bypublication in the G azette and in the newspaper or newspapersin which no tice of the intention to apply for approval waspublished :

Provided that no such by - laws shal l have e ffec t to theprejudice of any consum er unt i l the expirat ion of one m onthor, in the case of any special agreement with a consum er, suchlonger period as may b e provided in the agreemen t for noticeof terminat ion from the date of the publicat ion of no t ice ofsuch approval in the G azette.

(6) Every contract between the licensee and any consum erfor the supply of electrical energy su bsisting at the date fromwhich any by-laws made under this section have effect shall,subject to the proviso to subsection (5), be deemed to be

varied to such extent as the provisions of such by-laws rendernecessary.

(7) A copy of the by-laws when approv ed shall be printedand deposi ted at the offices of the l icensee by w hom the by-laws are ma de, and shal l at all reasonable hou rs be open topubl ic inspect ion without paymen t , and a copy thereof shal lon application be furnished to any person on payment o f suchsum as the Minister may from time to time approve.

134AP. 314


(8) The production of a printed copy o f any by-laws pur-porting to be made by a licensee under this section upon whichis endorsed a certificate purporting to be signed or sealed asmay be legally necessary by the licensee stating—



Appointmentof Power Board.L.N. 36/1961.

Appointment ofLicensing Officer

or LicensingBoard.L.N. 36/1961.

(a ) that the by-laws were made by the licensee;(b)that the copy is a true copy of the by laws;(c)that on a specified date the by-laws were approved b y

the Minister; and(d)the date from wh ich the by-laws have effect,

shall be prim a facie evidence of the facts stated in the certifi-cate and without p roof of the handw riting or official positionof any person p urporting to sign a certificate in pursuan ce ofthis subsection.

150. (1) For any of the purposes of this Act, theMinister may ap point an advisory bo ard (hereinafter referredto as the Power B oard) to consist of not less than three normore than seven members.

(2) The appointment of any m ember to the Power B oardshall be for a period of two years.

(3) The Minister may appo int any mem ber of the PowerBoard to be the chairman thereof.

(4) The Power B oard shal l m eet a t such t im es and forsuch purposes as the chairman m ay consider necessary.

(5) At any meeting of the Power Board, three of themem bers shall be present to form a quorum.

(6) The Minister may prescribe the procedure to be

followed by the Power Board.(7) Any mem ber of the Power Board who has any f inan-

cial interest in any m atter which has been referred to the PowerBoard for consideration or report shall disclose any suchinterest to the Pow er Boa rd, and shall not be entit led to voteor take part in the decision of such matter.

151. The Minister m ay depu te a special off icer or inhis discret ion establ ish a special board ( to be kno wn as theLicensing Officer or the Licensing Bo ard, as the case may b e)for the pu rpose of e xam ining, certifying, licensing, registeringand co ntrolling electrical contractors, wiremen , electriciansand op erators; and the Licensing Officer or the LicensingBo ard, as the case may be, shal l have such powers , dut ies,authorities and discretions as may from time to time beprescribed,


152. W here any defaul t in or cont ravent ion of any ofthe provisions of this Act is made for which no penaltyis expressly stated, the authori ty, com pany , person or body

General penalty.



of persons so de fault ing or con travening shal l be l iable to apenalty not exceeding on e hundred and fifty shillings.

153. No t later than the 1 st July in each year the M inistershal l l ay before the N at ional Assem bly a repor t respectingthe applications to and procee dings of the Minister under the

Act during the year tlast past.

154. It shall be the du ty of every licensee to furn ish to

the Minis ter a t such times and in such form and m anner ashe m ay direct such statistics as he m ay require.

155. (1) No twithstanding anything to the contrary in thisAct, the Keny a Power and Light ing Com pany Limited shal lbe deem ed to have been granted a gen erat ing s tat ion l icencein respect of each of the generating stations described in thefi rst column of Part I of the Fifth Schedule in the form andon the term s and con ditions set out in Part II of that Schedule,

and the l icence shal l be deem ed to have ha d effect from thedate specified in the second colum n of Part I , and the licenceshall be co-terminous with the local generating l icence men-tioned in the third column o f Part I opposite the particulars ofthe generating station, and shall be renewable in accordancewith the provisions of this Act.

(2) Notwithstanding anything to the contrary in thisAct, the plant and works described in the first column

of Part III of the Fifth Schedule shall be deem ed to hav e beenapprov ed in accordan ce with the provisions of this Act witheffect from the dates respectively specified in the secondcolumn of such Part , being the dates upon which such plantand wo rks were installed.

(3) The prov isions of this section sh all not, except as inthis section hereinbefo re expressed, be in deroga tion of theother provisions of this Act, or of the provisions of any other

Act relating to or affecting the matters with respec t to whichthis section applies.

(4) No thing in th is section conta ined sha l l in any wayprejudice or affect any rights of the Government, in anyrespect , or of any bo dy po li tic or corporate or of any otherperson except ing only such as are men t ioned in this sectionand those claiming by, f rom or under them.

Yearly reportrespectingAct.L.N. 56/1961,L.N. 649/1963.

Licensee tofurnish statistics.L.N. 36/1961.

Certain limn=deemed to havebeen granted tothe KenyaPower andLightingCompanyLimited.65 of 1950,ss . 2. 3, 5 and 6 .

ON27 of 1952, Sch. FIRST SCHEDULE

Forms of Accounts to be kept by a Licensee not being a public or local authority as provided by section 44

(s. 44)



JM

3

1.9

coCC

No. I.

THE ELECTRIC POWER. ACTicence

Theompany

'ear ended 19STATEMENT OF SHARE CAPITAL APPROPRIATED FOR THE PURPOSES OF THE UNDERTAKING AUTHORIZED BYTHE ABOVE-MENTIONED LICENCE

On the 9D

escription ofcapital

Authorizedby

Number ofshares issued

Nominal amountof share

Called upper share

Totalpaid up

Issued notpaid up

Remainingunissued

Total amountauthorized

o. II.

STATEMENT OF LOAN CAPITAL APPROPRIATED FOR THE PURPOSES OF THE UNDERTAKING AUTHORIZED BYTHE ABOVE•MENTIONED LICENCE

On the_ 19Amounts borrowed

At per cent

Total share capital paid up (see No. I) .. Total loan capital borrowed (see No. II) Total capital received. :•=10:51

•

Descriptionof loan

At ... per cent Ater cent Total

Remainingborrowing powers

Total amount ofborrowing pow ers



Receiptsto

Receivedduring

year

No. IIIAPITAL ACCOUNT

Dr .or the year ended 19Cr.

Balance of Additionsexpendi-uringture atea r

Deduct ionsduring

year

Balance ofexpendi-ture at

Totalreceipts

to

s. cis..—GENERATION

(i ) Land, including law charges incidental

to acquis i t ion.. •.• ••(ii) Buildings and other permanent worksiii) Hydraul i c worksiv ) Plant, machinery and mach nc founda-

(v ) Switchgear, cabling and missianeousitems

(vi) Other i tems [to be specified] ..

0:—MAIN TRANSMISSION SYSTEM -

(i ) Land, including law charges inc mntalto acquisition ..• (ii) Buildings and other permanent works

(iii) Main transmission l ines(iv) T rans f orming appara tus.(v ) Swi tchgear , cabling and misce l l aneous

i tems.(vi) Other i tems

[to be specified]

C.—DISTRIBUTION SYSTEM

(i ) Land, including law charges incidentalto acquisition ..

(ii) Buildings and other permanent works(iii) Distributing mains..•(iv) T rans f orming appara tus(v ) Switchgear, cabling and miscel laneous

i tems• (vi) Service lines(vi i) Meters and accessories and fees for

cert ifying under the Act, and cu t-outs . .vi i i ) Other i tems [to be specified] ..

Carried forward . .£

£ s. cis. £ s. cis. £ s. cis. s. cis. £ s. as. £ s. cts.

Ordinary shares of Sh.Preference shares of Sh

Debenture stock ..

M ortgages and bonds

Amounts received in anticipation

Sale of patents or patent rights,

Other receipts [to be specified] Carried forward

dHOcl 13



N o. III—(Continued)Dr.

CAPI T AL ACCOUNT — Continued)For the year ended_ 19—

Brought forward D.—MISCELLANEOUS

(i ) P re l iminary and deve lopment expendi -ture [to be specified]...

(ii) Land, including law charges incidentalto acquis i t ion....

(iii) Buildings and other permanent works(iv) Tools , implements and tes t ing apparatus(v ) Furniture and f i t t ings...(vi) Motor vehicles...(vi i)Apparatus on hire..viii) Cost of licences .... (ix) Purchase of patents or patent rights ..(x ) Genera l s tores....(xi) Works under construct ion (unallocated)

(xi i)Other i tems [to be specified]..TOTAL EXPENDITURE.£

. Balance ofexpendi-

Lure at

Addit ionsduring

year

Deductionsduring

year

Balance ofexpendi-ture at

Brought forward .

TOTAL CAPITAL

B A L A N C E. Receiptsto

Receivedduring

year

_ .

Totalreceipts

to

£.ts. £.ts. £.is. £.is. £.is. £.IT. £.is.

B £

a. .e y a debit ofRevenue Account transferred to Depreciation Reserve Accoun (No. VII.)

n

.1M14,1

£1 )

00O N



NO. IV.

Dr.

REVENUE ACCOUNTCr.

£ s. cts.

£ s. cts.s. as.

A.—GENERATION

1. Water, coal or other fuel, including dues, carriage,

unloading, storing and all expenses of placing the

same on the works, and disposal of waste products ..2. Oil, waste, water and engine room stores

3. Proportion of salaries, wages and gratuities as certified

by the Managing Director, Chairman or Engineer ..

4. Refairs, maintenance and renewals:—. cts.

Land(b Buildings and other permanent works

(c ) Hydraulic works (d ) Plant, machinery and machine founda-

tions(e) Switchgear, cabling and miscellaneous

items.5. Other items [to be specified].6. Energy purchased in bulk:—

(o) From bulk supply licensee . .

(6) From local generating li censee

£ s. cts.

1. Sale of electrical energy:—

(a) By meter ater kelvin (average) ...(6) By public lighting at.per kelvin (average)

(c) By other sales

2. Rental of meters and accessories.•.3. Hire of apparatus on consumers' premises, less

expenses.4. Sale of apparatu s, less expenses

5. Installation and repair work, less expenses ..

6. Maintenance of public lamps..

7. Royalties, licences, etc.

8. Rents receivable

9. Other items [to be specified] ..

B.—MAIN TRANSMISSION SYSTEM

I . Proportion of salaries, wages and gratuities as certified


2. Repairs, maintenance and renewals:—s. as.

(a Land..(b Buildings o r other permanent works .

(c Main transmission lines( Transforming apparatus, switchgear,

cabling and miscellaneous items.3. Other items [to be specified].•

Carried forward

Carried forward£ia

NO. I V.—(Continued)EVENUE ACCOUNT—(Continued)

Dr.or the year ended19

Cr.

£ s. cts. £ s. cts.£ s. cts. s. e s.

Brought forward.£

O



C.—DISTRIBUTION SYSTEM

1 Proportion of salaries, wages and gratuities as certifiedby the Managing Director, Chairman or Engineer ..

2. R epa i rs , ma intenance and renewal s :—

(a ) Land.(b ) Buildings and other permanent works(c ) Dis t r ibut ing mains.(d ) T rans f orming appara tus.(e ) Switchgear, cabling and miscel laneous

items(f ) Service lines.(g ) M ete rs , acces sor ies and cut -out s.(h ) Fees for re-certifying meters and

accessories under the Act.(i ) Other i tems [to be specified]

3. Other i tems [to be specified]

D.—PUBLIC LAMPS

I. Proportion of salaries, wages and gratuities as certifiedby the Managing Director, Chairman or Engineer ..

2. Renewals of lamps, etc. ..

Carried forward

2

p

Carried forward.£4

Brought forward

A000



N o. IV.—(Continued)EVENUE ACCOUNT—(Continued)

Dr.or the year ended1 9

£ s. cis.

Brought forward. £

E.—GENERAL AND MANAGEMENT EXPENSES

1. Royalties, etc., payable for use of patents or patentprocesses [to be specified]..

2 . R ent s payable [to be specified] ..3. R a tes and t axes [to be specified] ..

4. Directors' remuneration ....••5. Proportion of salaries, wages and gratuities as certified


6. Stationery, printing and advertising.7. General establishment charges .. 8. Auditors of company...•9. Auditors appointed under provisions of licence

10 . Law expenses....11 . Insurances, superannuation, etc.

12 . Upkeep of motor vehicles, transport, etc.

13 . Medical expenses ....14 . Postage and telegrams.15 . Bad debts written off.16 . Interest on consumers' deposits ..

17 . Other items [to be specified].F.—DEPRECIATION

1. Depreciatio n w ritten off:— s. cis.

(a ) Meters and cut-outs ....(b ) Apparatus on hire...c) Tools, implements and testing apparatus

d) Furniture and fittings ...e) Motor Vehicles..f) Other items [to be specified] ..

2. Transfer to Depreciation Reserve Account (No. VII) ..

£ s. cts.£ s. cis. £ s. cis.

Cr.o o00r T

Brought forward TOTAL EXPENDITURE • •.••

BALANCE CARRIED TO NET REVENUE ACCOUNT (No. V)

££

r.



No. V.ET REVENUE ACCOUNT

Dr.or the year ended 1 9r.

1. Interest paid and accrued due to date:—

( a ) M o r tg a g e s a n d b o n d s(b ) Debenture s tock.(e ) T emporary loans.

2. Interim dividends paid:—(a ) Preference shares(b ) Ordinary shares

3. Carried to General Reserve Account (No. VI)4. Preliminary and development expenses wri t ten off

5. Income tax paid.6. Other items [to be specified].7. Balance appropr i a ted as under :—

£ s. cis.

£.is1 . Ba lance f rom las t account.

Less:( I ) D ividend pa id.(2) Other i tems [to be specified]

2 . Balance brought from Revenue Account

3. Interest on investments, deposits, etc. [Descriptionof investments to be specified].

4. Other i tems [to be specified]

£ s. cis.

s. s.is.£ s. c is. (No. IV)

f s.

dam 1.13g

‘.000

r o

•



7:

tO00

i T

.13Ol 1ag

No VI.ENERAL RESERVE ACCOUNT

For the year ended_Dr.

Cr.

s. cis.£ s.

I. Balance from last account ...•••2. Amount transferred from Net Revenue Account (No. V)

3. Interest on amount invested.•••[Description of investments to be specified)

P t

t M

1. Amount applied as under:—

2. Balance as per General Balance Sheet (No. VIII)

No. VII.EPRECIATION RESERVE ACCOUNT

Dr.or the year ended.. 1 9r.

£ s. as. £ s. as.1. Amount applied as under:—

(a ) Written off capital expenditure1. Balance from last accoun t . .



r o

te a

dmo awn

.(b ) Expended on renew als, but not including betterment

2. Balance as per General B alance Sheet (No. VIII). 2. Amount transferred from Revenue Account (No. IV) . .3. Interest on amount invested

[Description of investments to be specified]

Total to Addedduring

the year

Deductedduring

the year

Total toTOTAL PROVISION MADE FOR DEPR ECIATION

I. Amount written off as per Revenue Accoun t (No. IV) and deducted from capital expenditure

2. Amount applied from Depreciation Reserve Account (No. VII):-

(a ) Written off capital expenditure . .

(b ) Expended on renew als, but not including betterment

Balance of D epreciation Reserve Account (No. VII)

.• £ s. as. s. cts. £ s. c ts . s. as.



c o

9L,00

ON

Jm

aPg

No. VIII.ENERAL BALANCE SHEET19CAPITAL AND LIABILITIES

PROPERTY AND ASSETS

1 . Amount received as per Capital Account (No. III)

2. Sundry creditors:—(a ) Sundry tradesmen and others due on construction

of plant and machinery, fuel, stores, etc.,to19(b ) Sundry creditors on open accounts. 3. Balances at credit of:—

g Net Reserve Account

(No. V) jib.. ....f

Ze Depreciation Reserve Account (No. VII).4. Other items [to be specified].••• ...

£ S. cts.

£ S. CtS.

1. Expenditure as per Capital Account (No. III).2. Investments [to be specified with basis of valuation]3. Stores:—

g Coal or ..ther fuel.....c Consumers' installation and repair stores ••.On consignment....e) In transit.....4. Preliminary and development expenses.5. Sundry debtors:—

(a ) For amounts paid on account of contracts incourse of completion....

(b ) For electrical energy supplied to(c ) Other....

6. Other items [to be specified]....7. Cash at bankers and in hand ' ....

.£ s. cts.

£.ts .

.....

£

...£ s. cts.

. .

' •• £[Report of Auditors appointed under provisions of Licence] Director of Companyecretary9 .

N o. IX.



ST A TE M E NT O F E L E C T R IC A L E NE R G Y G E N E R A T E D P

Quantitypurchasedin kelvins)

Quantitygenerated

(in kelvins)

Total ofquantitiespurchased

and generated(in kelvins)

Quantity soldQuantityused onworks

Totalquantity

accountedfo r

Quantityno t

accountedfo r

Numberof public

tamps

Totalmaxim um

s u p p ldemanded

in kilowatts

Totalconnected

load inkilowatts

Bymeter

Publiclamps

By othersales

Totalsold

.W 179

I



VD00CD

.1

9MOct1

3

27 of 1952, Sch.

No. I.

SECOND SCHEDULEs. 44)

Forms of Accounts to be kept by a Licensee being a public or local authority as provided by section 44

THE ELECTRIC POWER ACTicence

T hName of public or local authority]

Year ending9ST AT EMENT AS T O LOANS AUT H OR IZED FOR T H E PUR POSES OP T H E ABOVE- MEN T IONED LICENCE PR IOR T O19

Amounts sanctioned

Amount borrowed

Total

Amount repaid

TotalAmount sanctionedbut not borrowed

At- ......% At- At- At t

No. II.APITAL ACCOUNT

Dr.or the year ending9

Total Expended Total Receipts Received Total



n

to.a— L

A

HO

7

13

P ric o:c

COCO

expendi-ture to

duringthe year

expendi-ture up to

up to duringthe year

receipts to

To E X P E N D I T U R E T OE X P E N D I T U R E S IN C E T H A T D A T E

I. To lands, including law charges incidentalto acquisition... 2. To value of landsppropriatedorelectrical purposes, as per contra

3. To buildings...4. To machinery...5. To hydraulic works. 6. To m ains, including cost of erect ing or

laying the mains and services. 7. To transformers, motors, etc.. 8. To meters, and fees for certifying under

9. To electr ical instruments, etc.. 10.To general stores (cable, mains, lamps)II. To purchase of patents or pa tent rights12.To transfer to s inking fund. of value o f

lands sold, as per contra. 13.To amount applied to the reduction ofprincipal of borrowed m oney from valueof lands sold, as per contra.

A. To other i tems [to be specified] ..

Total expenditure

To balance of Capital Account

Sh. Sh. Sh.1. By am ount ra ised by loans...2. By sale of patents or patent r ights, etc..3. By value of lands belonging to authori ty

appropriated for electr ical purposes.4. By value of surplus lands sold..5. By other receipts [to be specified] ..

Sh. Sh. Sh .

Sh.Sh .

rovision for depreciation of works is made by a debit of Sh. .o Revenue Account transferred to Depreciation Fund Account (No. IV.)



No. III.REVENUE ACCOUNT

Cr.For the year endingA.—To GENERATION OF ELECTRICAL ENERGY

To water, coal or other fuel, including dues, carriageloading, storing and all expenses of placing the sametheworks .. .. .. .. .. ••

To oil, waste, water and engine-room stores.To proportion of salaries of engineers, superintendents

officers as certified by the Manager or EngineerTo wages at generating stations.. To repairs and maintenance as follows:—

Buildings.....Hydraulic works (dams, flumes, gates, etc.) ..Engines, boilers ....••Dynamos, exciters, transformers, motors, etc.Other machinery, instruments, tools and acces-

sories.....Less received for old material ....To other items [to be specified].. B.—To ELECTRICAL ENERGY PURCHASED

. From bulk supply licensee...

. From local generating licensee..C.—To DISTRIBUTION OF ELECTRICAL ENERGY

. To proportion of salaries of engineers, superintendentsofficers as certified by the Manager or Engineer..

. To wages and other remuneration to linesmen,

labourers...•• . To repairs, maintenance and renewals of mains ofall classes, including materials, and erecting orlayngthe sam .. .. .. • • . .

Less amounts refunded..•• un-on....

and..

• ..Sh.

•

•

and..

fitters,

Sh.

Sh. Sh.I. By balance from last account..Less bad debts written off... Sh. Sh. Sh.

2. By sale of electrical energy per meter ater kelvin

3. By sale under contracts....•4. By public lighting...•.•5. By rental of meters and other apparatus on consumers'

6. By sate and repairs of lamps, arc o r incandescent..By sale and repairs of other apparatus...7. By royalties, licences, etc...

8. By rents receivable..9. By fees for inspection of maps..

10. By other items [to be specified]..I. To repairs, maintenance and renewals of transformers,

meters, switches, fuses and other apparatus on con-

sumers' premises, together with the cost of materials andlamps sold, asper contra.. .. .. .. • •

5. To repairs, maintenance and renewals of appar atus at dis-tributing stations...•••

Carried forward. Sh. Carried forward .. Sh.

ooGo

J

o0

Ja

g

1.

2. 3.

4. 5.

6

No. 111—(Cont inued)

Dr .

REVENUE ACCOUNT—(Continued)

Brought forward. Sh.Sh. Sh.

Brought forward ..Sh.

Sh. Sh.



D.—To Punic LAMPS

. To attending and repairs.....To renewals of lamps ... ..E.—To ROYALTIES, ETC.

. To royal ties, etc., payable for use of patents or patentprocesses [ to be speci f ied]....

F.—To RENTS, RATES AND TAX ES

. To rents payab e [ to be speci f ied]..•

. To rates and taxes [ to be speci f ied]..G.—To MANAGEMENT EXPEN SES

. To salaries, viz.:—

Engineer's Department.Accountant and clerical staff....To salaries or commissions of collectors.To stationery and printing...To general establishment charges..

H.—To LAW, ETC., CHARGES

To law expenses....•Carried forward. Sh. Carried forward .. Sh .

2

2

3

4

.13f19



VD00CT

nm

amp

g

ro

t-•tn

REVENUE ACCOUNT—(Continued)

Cr.

Brought forward. Sh.

I.—To DEPRECIATION

Sh . Sh .Brought forward .. Sh.

Sh . Sh .

To depreciation at generating station in respect of leasehold

works.......To depreciation at generating station in respect of buildings

To depreciation at generating station in respect of hydraulicworks.......To depreciation at generating station in respect of generatingmachinery, apparatus, etc.......• To depreciation on t ransmitting, distribu ting, etc. worksin respect of leasehold works..... To depreciation on transmitting, distributing, etc. worksin respect of buildings....•

. To depreciation on transmitting, distributing, etc. works inrespect of machinery, apparatus, etc....

J.—To SPECIAL CHARGE S

. To insurances, etc.....

I. To expenses for certification of meters...Total expenditure.Amount carried to net revenue account to provide forbad debts.......

Balance carried to net revenue account...Sh . Sh .

1

2

3

4

5

6

No. III—(Continued

D



No. Iv.

Dr.

D E P R E C IA TIO N FU ND A C C OU NT

r o

s — s

Cr

Sb. Sb.I. To amount transferred to sinking fund where such fund is autho rized

2. To balance ..

Sh.

1. By balance from las t accoun t . .

2. By interest on investments [description of investments to be specified]

3. By amount brought from Revenue Account (No. III. I.) ..

Sh.

14 13a0

c o

s 0occt %



dNOt4P

g

La

Sh .

Sh

Cr.o. VI.Dr.

SINKING FUND ACCOUNT

Sh .

Sh .

1. To interest on mortgage debt accrued due to date

2. To instalments of principal of money borrowed

3. To amount transferred to sinking fund where such fund is authorizedby the Licence ..

4. To expenses of executing the Licence not inc luded in III, and notchargeable to capital ..

5. To payments to reserve fund.To balance carried forward ..

1. By balance from last account ..

2. By balance brought from Revenue Account (No . III)

3. By interest on money at deposit

No. V.ET REVENUE ACCOUNT

Dr.r.

. To amount paid for purchase of [nature of investment to be

t. To stock sold during period of account..I. To amount of principal of borrowed money repaid

To amount of balance to next account

Sh .

Stock

Sh .

I. By balance brought from last account..2. By amount brought from depreciation fund account Stock

Sh .Sit. Sh .

3. By amount brought from net revenue account. 4. By interest on investments [description of investments to be

specified]......•5. By value of lands transferred from Account No. II6. By amount realized by sale of stock [nature of stock to be

7. By stock purchased...•••Sh .

No. VII.ESERVE FUND ACCOUNTDr .

Stock

Sh.

Stock

Sh.h.

Sh.

I. To amount paid for purchase of [nature of Investment to be 1. By balance brought from last account...2. By amount t ransferred from net revenue account .. .3. By stock purchased . . .



to

.1

01311d

g

3. To sum transferred to revenue account... 4. By amount realized by sale of stock [nature of stock to bespecified]

To amount of balance to next account. 5. By interest on amount invested [description of investmentsto be specified]......Sh.

Sh.

No. VIII.

Dr.

GENERAL BALANCE SHEET

LIAM:LIMES Sh. Assars Sh.

1. To capital account: amount received as per Account No. II.2. To sundry tr adesmen and others, due on construction o f plant and

machinery, fuel, stores, etc., to....3. To sundry creditors on open accounts ......S. To net revenue account: balance at credit thereof..5. To depreciation fund account...5. To sinking fund account....7. To reserve fund account .....3. To other items [to be specified].Sh.

I. By capital account: amount expended for works as per

2. By Stores on hand atCoal or other fuels ...Oils, waste, etc.General....3. By sundry debtors for amounts paid on account of contractscourse of completion....

4. By sundry debtors for electrical energy supplied to.5. By other debtors....6. By securities held (cost price) [description of securities to be specified]7. By other items [to be specified] ...8. By cash with Treasurer9. By cash in hand. Account

..

Sh.

in......

Sh.

Sh.



JaodOp

Ay

'N1s,‘as

No. IX. STATEMENT OP ELECTRICAL ENERGY GENERATED, PURCHASED, SOLD, ETC.

Quantitypurchased(in kelvins)

Quantitygenerated

(in kelvins)

Total ofquantitiespurchased

and generated(in kelvins)

Quantity soldQuantityused onworks

Totalquantity

accountedfor

Quantitynot

accountedfor

Numberof public

lamps

Total maximumsupply demanded

Publiclamps

B ycontract

Privateconsumers(by meter)

Total sold


32 of 1950, s. 3. T H I R D SC H E D U L Es. 69 (4))

O R D E Rofis hereby

exonerated from liability for nuisance in respect of the works specified



in the first column o f the Schedule to this Order, to the extent specifiedin the second column of such Schedule.

S C H E D U L E

First Columnecond Column

Made th isday of19..

Minister for32 of 1950, s. 3.

F O U R T H S C H E D U L Es. 69 (5))

SPECIFIED WORKS

The Parklands Power Station, Nairobi, operated by the KenyaPower and Lighting Company Limited under Local Generat ing LicenceNo. 2 dated the 24th March, 1922.



c o

D ODO

0

Jm

aPG

L.N. 649/1963.IFTH SCHEDULEs. 155)

PART I

Particulars of Generating Station Date from which Licence

is to have Effect

Details of Licences in Connexion with

which the Station is Operating

1. A thermal generating station constructed on certain premises

comprising 31.5 acres situate east of Ruin Township known asLand Office No. 223 (less road reserve of 7 acres), adjacent to thegenerating sta tion already erected on the said piece of landpursuant to the provisions of Local Generating Licence No. 2,dated the 24th March, 1922. The machinery installed in suchgenerating station comprises one 1,760 kW. Crossley oil engineset of a capacity of not less than 1,760 kilowatts, such machinerybeing installed in a steel-framed building with stone and asbestos-

sheeted walls and an asbestos-sheeted roof.

2. A thermal generating station already constructed on certainpremises estimated to comprise 11 acres or thereabouts si tuateadjacent to Mbaraki Creek at Mombasa (being a portion ofLand Reference Section No. XLVIII) and leased from the

East African Railways Corporation. The machinery installed insuch generating station comprises two 930 kW. Nationaloil engine sets and two 900 kW. Mirrlees oil engine sets ofa capacity or aggregate capacity of not less than 3,600 kilowatts,such machinery being installed in a steel-framed building with stoneand asbestos-sheeted walls and roofed partly with reinforcedconcrete and partly with asbestos sheets.

16th September, 1949

1st May, 1947

Local Generating Licence No. 2, datedthe 24th March, 1922, which servesDistributing Licence No. 16, dated the3rd December, 1948, and Distr ibutingLicence No. 2, dated the 24th March,1922.

Local Generating Licence No. 4, datedthe 1st December, 1923, which servesDistributing Licence No. 4, dated the17th October, 1923.


PART II

FORM OF GENERATING STATION LICENCE

I. The provisions contained in the Electric Power Act are

incorporated in and form part of this Licence.



2 . The Licensee for the purpose of this Licence is the KenyaPow er and Light ing Comp any Lim ited, having i ts registered office atNairobi .

3. The elect r ical energy to be gen erated under th is Licence shal lbe o f such respec t ive am ount s as may f rom t ime to t ime be requ iredfor the purposes of the relevant Local Generating Licences referredto in the third column of Part I of the Fifth Schedule to the saidAct.

4. The generating station authorized by this Licence is the relevantgenerating station described in Part I of the Fifth Schedule to theAct, and is more particularly delineated and described on theplans thereof lodged with the Postmaster-General, which said plansin the case of the generating station particulars of which are firstshown in the first column of the said Part I are marked DRG. 728and DRG. 734, and in the case of the generating station particularsof which are secondly shown in the first column of the said Part Iare m arked MSA./113 and D RG . No. 795, but subject to such al tera-t ions or modificat ions as the Minis ter may approve.

5. The m achinery ins tal led in the said g enerat ing s tat ion shal l beof the type described in Part I of the Fifth Schedule to the saidAct and of not less than the capacity or aggregate capacity specifiedin that Par t , and shall be operated continuously or as m ay be required.

6 . The works au thorized by this Licence for operat ion of the saidgenerating station (subject to the Licensee obtaining all necessaryeasem ents , wayleaves or other incidental r ights) include those detai lswhich are shown on the said plans.

7 . Any land comprised in the said works shall be brought into

and shall appear in the accounts under this Licence at a value notexceeding the cost incurred by the Licensee in ob taining such land.

8 . The Licensee 's officers, servants, employees or works eng aged,employed or used for the purposes of this Licence may be engaged,employed o r used fo r the purpose of any other l icence granted to theLicensee under the said Act, provided that where so engaged,employed o r used fo r the purposes o f any such o ther l icence an a l lo -cation correct and true to the satisfaction of the Minister of theexpense or value of such engagement, employment or use shall bem ade and app ear in detai l in the accounts under th is Licence and anysuch other licence.

9 . The Licensee 's officers, servants, employees or w orks m ay alsobe engaged, employed or used for purposes other than the purposesof this Licence or any other licence as aforesaid, provided that suchengagement, employment or use shall, to the satisfaction of theMinister , not prejudice in any wa y the performance by the Licenseeof i t s dut ies or obl igat ions unde r th is Licence, and provided also thatsuch engagement, employment or use shall not be permitted by th e


Licensee unless the person or persons requiring the same or for whomit is proposed that the same shall be performed or permitted shallguarantee that there shall be paid to the Licensee a price or sumcommensurate with the value of and such as shall be usual for such

or similar engagement, employment or use, and that such price orsum shall be credited by the Licensee in the accounts under this



Licence, or al ternat ively that the cost of any such other eng agem ent ,employment or use of any of the Licensee's officers, servants, employeesor works shal l not be charged to the works or perform ance or conductof this Licence.

1 0 . If in the opinion of the Minister the Licensee makes defaultin the observance of the provis ions of the two preceding clauses , the

powers granted therein shall cease and be null and void and shallnot be again exercisable by the Licensee (if at all) until application

has been m ade and pow ers granted in accordance with the provis ionsincorporated with this Licence.

1 1 . This Licence shall for the purposes of the said Act bedeemed to have come into force upon theay of

, 19relevant date to be inserted].

12 . The Licensee may transfer this Licence to any transferee ofthe relevant Local Generating Licence specified in the third columnof Part I of the Fifth Schedule to the said Act first approved

by the Minister. Upon such approval being obtained and upon thetransfer being completed and this Licence surrendered, the Ministerwil l issue a Licence in the l ike term s to the approved t ransferee.

P A R T III



J

0

0dg

7 : 1

00

Particulars of Plant and Works including Details of the Licences in Connexion with

which such Plant and Works are Operated Date when the Same were Installed

1. Parklands Power Station:

One 900 kW. General Motors oil engine set ...One 900 kW. General Motors oil engine set ...

Such plant and works being operated in conn exion with Local Gene rating LicenceNo . 2, dated the 24th March, 1922, which serves D istributing Licence No. 16,dated the 3rd December, 1948, and Distributing Licence No. 2, dated the24th March, 1922.

2. Nakuru Power Station:

One 100 kW. Ruston oil engine set ...

4th January, 1950.25th January, 1950.

One 436 kW . Ruston oil engine set (which said set was transferred from Pa rklandsPower Station)

Such plant and works being operated in conn exion with Local Gene rating LicenceNo. 6, dated the 14th November, 1930, which serves Distributing LicenceNo. 8 dated the 14th November, 1930.

3 Eldoret Power Station:

One 120 k W. B lackstone oi l/gas engine se tOne 120 kW. Blackstone oil/gas engine set ...One 180 kW. Blackstone oil/gas engine set ...Such plant and works being operated in connexion with Local Generating Licence

No. 7 , dated the 11th March, 1932, wh ich serves Dis tr ibut ing Licence N o. 9 ,dated the 11th March, 1932.

1st October, 1942.

20th December, 1949.

1st October, 1948.1st March, 1949.1st February, 1950.



16 2

AP. 314

lectric PowerRev 1986

[Subsidiary]

(ii) the sum of any further allowances by way of obsolescencewhich may have been allowed by the Minister under sub-paragraph ( i i i) of paragraph (d) of subsection (1) of section47 of the Act ; and

(iii) the am ount ( if any) approved b y the Minister as the a l location

to such asset out of the amount standing to the credit of thel icensee 's depreciation reserve account for the undertaking as



at the 31st December, 1938,is equivalent to the p ercentage of the or iginal cost specified in re la t ionto such asset in the third column of the said Schedule, no furtheral lowances for depreciat ion or obsolescen ce in respect of such assetunder sect ion 47 (I) (d) of the Act shal l be made.

SCHEDULEparas 2 and 3

Rate per centum perannum on original cost Percentageof originalcost

3. BUILDING AN D OTHER CIVIL ENGINEER INGW O R K S O P A P E R M A N E N T C H A R A C T E R (otherthan Hydrau lic works and plant foundations)—(a ) Brick, stone, reinforced concrete and

concrete..(b ) Steel-framed...(c ) W ood and wood and i ron . ..

4. H Y D R A U L I C W O R K S —(a ) Civi l Engineering works of a perma nent

character (other than wo od)..(b ) Civi l Engineering wo rks of a temporary

character and of wood... 1 00 divided by the periodof the licence remainingunexpired a t the com -mencement of the yearof account next follow-ing the date on whichthe expenditure was

incurred

N il

100 divided by the periodof the lease remainingunexpired at the com-mencement of the yearof account next follow-ing the granting of thelease or (if the lease hasbeen assigned) the as- :

signment of the lease100 divided by the period

of the lease remainingunexpired at the , com-mencem ent of the yearof account nex t follow-ing the date of clearingthe site

2 6/7.2 4/7

1 ..

6 2/3.I. COST OF LICENCE AND PRELIMINARY AN DD E V E L O P / S E N T E X P E N D I T U R E .

2. LAND—(a ) Freehold ( including the cost of c learing

the site)(b ) Leasehold-

( i) leasehold interest in the land includinglaw charges inciden tal to acquisition

(ii) cost of clearing the site

100

N il

100

1 0 0

10090

100

1 0 0

1 00


[Suhsidiary]

SCHEDUIContd.)

Rate per centum perammra on original cost

Percentage

of original

cost

(c) Pipe Lines-



@ steel..(ii) concrete..(lii) wood.....5. GENEIUTRKI PLANT, MACHINERY AND MACHINEFOUNDATIONS (including cooling towersorime

movers, boilers, plant foundations, electric

generators and associated Switchgear,Cabling

and miscellan us items)—

(a ) Steam pla 0 t and auxiliaries,.(b )

Internal combustion engine plant, (oil or

gas, including gas producers, etc.).(c ) Hydro-electric plant...6. STORAGE BATTERIES (STATIONARY).•7. SVVITCHGEAR, CABLING AND MISCELLANEOUS

ITEMSother than solely, associated with

generators, transformers or substations).8. TRANSPOR7MER S AND SUBSTATION EQUIPMENT

(including transformer kiosks, convertors,

rectifiers and other fixed apparatus, plant

foundations and all associated switchgear,

cabling and miscellaneous items, but excluding

substaionbuildings) .. .. .. ..O. Itiutwai Stomas, TRACKS, arc. (exeluding

light railwaytcacks)

10 . MISCELLANEOUSA CH I N E RYincluding oil

tanks, water tanks, pumping plant, separate

generating-plant-auxiliaries, light railway

tracks and rolling, stock, cranes, workshop .

machinery and other similar items) .. ..

11. TRANSMISSION,ISTRIBUTIONN DERVICE

(a) Underground cables (including joint boxes,

disconnecting boxes and ducts)—

(i) cables laid direct in ground or underwater—

(a ) in the Colony. "(b ) in the Protectorate

(ii) cables in ducts..(iii) ducts

(b) Overhead lines (including supports and

ancillary equipment other than transfor-

mers mounted thereon)—

(i ) main transmission lines..(ii) other lines...•

12. METERS AND Accessthuss(including cost' of

certification under section 93, and cut-ottts

installed in accordance with section 92, of theA) .. .. .. .. .. ..

14. TOOLS, IMPLEMENTS AND Loose P1ANT

15. FURNITURE AND FITTINGS.••16. Mount VEHICLES

17. APPARATUS ON HIRE.18. G ENER A L ST O R ES

19. A S S ETS NO T O T H ER W IS E P R O VIDED F O R. 3 3/5

2 6/76 2/3

4 3/4

6 1/3.3 4/5

3 1/6

4 3/4

2 5/7 4 3/4

2 1/2

3 Ii32 3/8

2 1/2

2 4/7

3 1/3

22 1/2 n ..

12,. Nit'-..

....' ' • •

90

100

100

95

9595

90

95

95

100

100

95

100

90

90

100

100

100

90

90

90

—100

*subject to obsolescence only as occurring and approved by the Minister.

16 4AP. 314lectric PowerRev . 1986

[Subs idiary]

Licensees, opera tor s and owners exonera t ed f rom l iab i l it y f or nu i sance

under section 69

The Kenya P ower and Ligh t ing Com pany Limi ted i s exonera tedfrom liability for nuisance—



G . N . 1 2 2 4 / 1 9 5 0 .

G.N. 1037/1955 .

(a ) in respect of the following works—

the whole of the works comprised in the ParklandsPowe r Station situate in Nairobi, operated under Local

Generating Licence No. 2 dated the 24th March, 1922 ;

( b ) in respect of the following works, except in respect of any

building which was before , and is a t , the date of the nuisancesi tuated within three hundred yards of the works—

the whole of the works on the site of the generating

station situate on the Tana River, such generating station

being operated under Station Generating Licence No. 3 dated

the 13th Ap ri l , 1931 ;

the whole of the headworks and weir on the Tana River.operated under Station Generating Licence No. 3 dated the

13th Ap ril , 1931 ;

L.N. 419/1957. the whole of the works on the site of the generating

station situate at Kipevu, Mombasa, the generating station

being operated under Generating Station Licence No. 8 dated

the 8 th February , 1956 ;

( c) in respect of the works specified in the f irst colum n hereunder ,

as regards nuisance created on or after the date specified in

the second colum n hereunder , except in respect of any build-

ing which was before, and is at, the said date within three

hundred yards o f the s i te thereof—

L.N. 484/1960. the whole of the works

on the site of the generat-ing station situate at

Malindi, the generating

station being operated

under Generating Licence

No. 16 dated the 14th

June, 1960 ;

14th lune. 1960.

Re v. 19861lectric PowerAP. 31465

[Subsidiary]

the whole of the works3th October. 1960..N. 495/1960.

on the site of the MbarakiPower Sta t ion s i tua te onPlot X LVIII on the Islandof Mombasa, the powerstation being operated



under Local GeneratingLicence No. 4 dated the1st December, 1923, andunder section 155 of theAct

the whole of the works

on the si te of the generat-ing station situate on LandOffice No. 223, Ruiru,the generating stationbeing operated underLocal Generating LicenceNo. 2 dated the 24thMarch, 1922. and undersection 155 of the Act;

I3th October, 1960. L.N. 498/1960.

13th October, 1960..N. 499/1960.

13th October, 1960..N. 500/1960.

13th October, 1960..N. 501/1960.

the whole of the workson the si te of the generat-ing station situate in thesouth of the IndustrialDevelopment area ofNairobi, the generatingstation being operatedunder G enerating StationLicence No. 5 dated the26th September, 1950 ;

the whole of the workson the si te of the generat-ing station situate on ornear the o ld showgrounda t Nanyu ki , the genera t-ing station being operatedunder Local GeneratingLicence No . 13 dated the9th May, 1949 ;

the whole of the workson the si te of the generat-ing station situate on theLiki River , Nanyuk i , thegenerating station beingoperated under LocalGenerating Licence No. 13dated the 9th May, 1949 ;


the whole of the workson the si te of the generat-ing s tation s ituate in sec-tion VI of Kitale Town-ship, the generatingstation being operatedunder Local Generating

[Subsidiary]L N.fi02/1960 13th October, .1960.



L.N. 504/1960.

L.N. 505/1960.

L.N. 506/1960

Licence No . 11 dated the4th July, 1947 ;

the whole of the workson the si te of the generat-ing station situate in theICisumb Municipality be-

tween the railway and thelake shore, the generatingstation being operatedunder Local GeneratingLicence No. 10 dated the4th July, 1947 ;

the whole of the works3th October, 1960.on the site of the generat-ing station situate on L.R.

Nos. 3937/1, 3937/2 and3937/3 west of EldoretTownsh ip, the gene ratingstation being operatedunder Local GeneratingLicence No. 7 dated the:I 1th March, 1932;

the whole of the workson the si te of the generat-

ing station situate on Plots25, 37, 39, 41, 43, 45, 47and 49 of section LIVin the Municipality ofNakuru, the generatingstation being operatedunder Local GeneratingLicence No. 6 dated the14th November, 1930 ;

the whole of the workson the site of the generat-ing station situate atKipe vu , Momba sa , the.generating station beingoperated under GeneratingStation Licence No. 8dated the 8th February,1956;

L.N. 503/1960. 13th October, 1960.

13th October, 1960.

13th October, 1960.

Rev. 19861lectric PowerAP.. 31467

[Subsidiary]

the whole of the works3th October, 1960..N. 507/1960.

on the si te of the generat-ing station situate atL.R. 209/5964, Parklands,

Nairobi, the generatingstation being operated



under Local GeneratingLicence No. 2 dated the24th March, 1922 ;

the whole of the workson the si te of the generat-ing station situate on a

portion of the premisesknown as Land R eferenceNo. 4730 situate east of

Nakuru Township, thegenerating station beingopera ted under Genera t-ing Station Licence N o. 7dated the 25th May, 1951 ;

the whole of the workson the si te of the generat-ing stittioh - situate atKericho, the generatingstation being operatedunder Local GeneratingLicence No. 15 dated the6th April, 1959 ;


on the si te of the generat-ing station situate atSagana (Nyeri), thegenerating station beingoperated under LocalGenerating Licence No. 12dated the 24th September,1958 ;

13th October, 1960..N . 508/1960.

13th October, 1960.9/ 1960.

13th October, 1960..N. 510/1960.

L.N. 511/1960.


3th October, 1960.on the si te of the generat-ing station situate atMesco Power Station(Maragua River), thegenerating station beingoperated under GeneratingStation Licence No. 5dated the 20th February,1926 ;


[Subsidiary]L.N. 512/1960. the whole of the works

on the si te of the generat-ing station situate atNdula Power Station(Thika River) , the gener-ating stat ion b eing opera-ted under Generating

13th October, 1960.



L.N. 513/1960.

Station Licence No. 2dated the 28th March,1925;

the whole of the workson the site of the generat-

ing station situate at SelbyFalls Power Station (Sosi-ana River, Eldoret), thegenerating station beingopera ted u nder G enera t-ing Station Licence No. 6dated the 18th Novem ber,1 9 5 0 ;

13th October, 1960.

The Kenya P ower Company Limited is exonerated from liabilityfor nuisance—

(a) in respect of the following works, except in respect of anybuilding which was be fore, and is at, the date of the nuisancesituated within three hundred yards of the works-

1..N. 94/1956.he whole of the works on the site of the generatingstation situate in the Tana River, the generating stationbeing operated under B ulk Supply Licence No. 2 dated the8th June, 1955, and inc luding the whole of the h eadworksand weirs on the Tana and Maragua R iven re la t ing to thethat station;

L N. 95/1956he whole of the works on the site of the generating

stat ion si tuate on the M aragua R iver , the gen erating stat ionbeing operated under B ulk Supply Licence No. 2 dated the8th June, 1955 ;

96/1956.he whole of the headworks and weir on the MathioyaRiver, operated under Bulk Supply Licence No. 2 datedthe 8th June , 1955, and forming par t of the Wanj i i PowerS c h e m e ;


(subsidiary!

(b ) in respect of the works specified in the f irst column hereun der ,as regards nuisance created on or after the date specified inthe second column hereunder, except in respect of any bui ld-ing which was before, and is at, that date within three

hundred y ards of the si te thereof—the whole of the head-3th October , 1960.-N. 494/1960.



works and weir on theMathioya River, operatedunder Bulk Supply LicenceNo. 2 dated the 8th June,1955, and forming part ofthe Wanjii Power Scheme ;

the whole of the works3th October, 1960..N. 496/1960.

on the s i te of the generat-ing station situate onthe Maragua River, thegenerating station beingoperated under BulkSupply Licence No. 2dated the 8th June, 1955:

the whole of the works3th October, 1960.. N. 497/1960.

on the s i te of the generat-ing station situate on theTana R iver, such generat-

ing s tat ion being operatedunder Bulk Supply LicenceNo. 2 dated the 8th June,1955, and including thewhole of the headworksand weirs on the Tana andMaragua Rivers relating

to that station.

Rules unde r sect ion 80

THE ELECTRIC POWER (INSPECTION TEST AND FEES)R U L E S

1 . These Rules may be cited as the Electric Power (Inspection

Test and Fees) Rules.

2 . Any person desiring that any inspection, test, certification orreport be made by an electrical inspector, or that an electrical inspectorshall determine any difference under subsection (4) of section 27 ofthe Act, shall make written application to the electrical inspectorsetting out the reasons therefor or the nature of the difference, and

specifying the nature of the inspection, test, certification or reportrequired or requiring the determination of the difference, and in respectof every such application the requisite fee shall be paid w ithin a per iod

of twenty-one days.

3. The fee for any inspection, test or certification provided foror required by the Act, or any rules or by-laws made thereunder, orfor the determination of any difference under subsection (4) ofsection 27 of the Act shall be that set forth in the Schedule to these

Rules.

L.N. 493/1956.

17 0AP. 314 Electric PowerRev. 1986[Subsidiary]

4 . In addition to an inspection, test or certification speciallyprovided for or required by the Act, or any rules or by-laws madethereunder, an electrical inspector may, upon application in dueform and upon payment of the prescribed fee, together with anyexpenses payable under rule 5, make any inspection, test orcertification of any apparatus or works required or used inconjunct ion with the gene rat ion, transm iss ion, supply or use of elec-



t r ical energy for the purpo se of ascertaining whether such app aratusor works are used, or are suitable for use, so as to comply with therequirements of the Act, or any rules or by-laws made thereunder,or whether such apparatus or works have been, or may become,

the cause or source of any accident or f ire , and the e lectr ical inspectormay issue to the applicant a report setting out the result of suchinspection, test or certification.

5. Any person who requires the services of an e lectr ical inspectormay, if he so desires, provide at his own expense suitable transportand, in any case in which a n elect r ical inspector i s necessari ly absentfrom his headquarters at n ight , sui table accommodat ion for the elec-trical inspector ; bu t, if an electrical inspector prov ides his own tran s-port or makes his own arrangements for such accommodation, thecost at Government rates then prevailing for transport, and of hisreasonable expenses for accomm odation, shall be paid by the ap plicant.

6 . For any inspection, test or certification for which no fee isprescribed by these Rules, the amount of the fee to be paid shall be

at the discretion of the electrical inspector:

Provided that--

(i ) the fee shall in no case exceed forty shillings ; and(ii) the applicant shall also pay to the electrical inspector any

expenses payable under rule 5.

SCHEDULEr. 3)

PusSh. as.

(1 ) For test of variation of pressure at a consumer's supplyterminals..0 00

(2 ) For inspection of licensee's works other than meters,upon a consum er 's premises0 00

(3) For certification of m eters—

(a ) single phase integrating kilowatt-hour m eter for useon standard pressure, per meter ...0 00

(b ) three phase integrating kilowatt-hour or kilovolt-ampere-hour meter, with or without maximumdeman d indicating mechanism , for use on s tandardpressure, per meter .0 00

Provided that where two or m ore me ters of ident ical pat ternand rat ing are tes ted s imul taneously the fee to be charged for thecer t ification of the seco nd and subsequen+ m eters of such patternand rat ing shal l be Sh. 5 per meter.

maximum

Sh. crs.20 00


[Subs id iary]

Sammut— (Contd.)

(4) For certification of the manner in which a meter or

dem and indicator is connected with the system-

(a) in the case of single phase system, per meter or

indicator• .....



40 00

40 00

40 00

(b ) in the case of three phase system, per meter or

indicator............(5) For inspection, test and certification under rule 4 of

these Rules'...(6) For the determination of any difference under section

27 (4) of the Act ...

Delegation of powers under section 127 (2)

Th e power ve sted in the Minis ter by paragraph (a) of subsect ion(1) of section 63 of the Act to consent in writing to the obstruc-t ion of, or interference w ith, public traffic within the m unicipalit ies of

Nairobi, Mombasa, Eldoret and Nakuru has been delegated to the

respective Town Clerks of those m unicipalities.

Suspension of provisions of section 141 (1) under section 141 (3)

Theprovisions of subsection (1) of section 141 of the Act

have been suspended from operation in the areas of supply of the

Kenya Power and Lighting Company Limited for a period oftwelve months from the 31st July, 1928, and thereafter from year toyear, subject to twelve mon ths ' not ice at any t ime by the Gov ernm ent

of its intention to terminate such suspension.

Rules under section 145

THE ELECTRIC POWER RULES

1. These Rules may be ci ted as the Electric Power R ules.

2 . For the purpose of these Rules, unless the context otherwise

requires—

"installation" includes all material or apparatus situated upon anyprem ises for use or in tended for use in conn exion with the supply ofelectrical energy to such premises ;

"premises" includes any building, room, tenement, hut, shed or

other erect ion, and the land occupied or used or authorized for occu-pation or use in conn exion therewith ;

"public road" means any road to which the public have lawful

r ight of access , and includes the who le width of the road reserve.

3 . All electrical works and installations sha ll be erected, construct-ed, manufactured and operated so as to conform to—

(a) theFourteenth Edition of the Regulations for the Electrical

Equipm ent of Bui ldings publ ished in m etric uni ts in 1976 by

• • •

Cap. 174 09481,

Sub. Leg.

Cap. 174 (19481.Sub. Leg.

Cap. 174 (1948),Sub. Leg.,G.N. 837/1952,G.N. 1147/1952,

G.N. 300/1953,L.N. 449/1956,

L.N. 564/1961,L.N. 566/1961,L.N. 61/1981.Citation.

Interpretation .

Installat io n s.


[Subsidiary]

Cap. 514.

Fire risks.

the Institution of Electrical Engineers of Great Britain as

amended and modified by the Minister, by notice in the

Gazette, to suit the circumstances and conditions of Kenya;and

(b)the macs for the generation, transmission, distribution anduse of elecrical energy made under the Factories Act.



Protection

from lightning.

Records.

Insulation of

low pressure

and medium

pressure circuits

Testing of

insulation of

all parts of

high and extra

high pressurecircuits.

Maintenanceof insulation.

Transformers.

4. A licensee in delivering electrical energy to a consumer'sterminals shall exercise all due precautions so as to avoid risk ofcausing fire on the premises.

5. Where any portion of any electric line or any support for an

electric line is exposed in such a position as to be liable to cause injury

from lightning, it shall be efficiently protected against that liability.

6. Whenever in these Rules the results of tests are ordered to be

recorded, the records shall be kept by the licensee and shall be opento inspection by the Minister or such other person as he may deputefor the purpose.

7. Every low pressure and medium pressure main shall be tested

for insu lation after having been placed in position and before it is

used for the purposes of supply, the testing pressure being not less

than twice the maximum pressure to which it is intended to be sub-

jected in use, and in any case at least 500 volts, and the results of thetests of each main shall be duly recorded.

8. (1) If required by the Minister, high pressure and extra high

pressure circuits shall not be brought into use unless the insulation ofevery part thereof has withstood the continuous application during halfan hour in the case of every electric line of a pressure exceeding the

maximum pressure to which it is intended to be subjected in use, that

is to say, in the case of every electric line to be used for a pressure

not exceeding 10,000 volts, twice the said maximum pressure ; and in

the case of a line to be used for a pressure exceeding 10,000 volts, apressure exceeding the said maximum pressure by 10,000 volts.

(2 ) In the case of every machine device or apparatus the testingpressure shall be 50 per cent greater than the said maximum pressure.

(3 ) The results of each test shall be duly recorded by the licensee.

9. (1) The insulation of every circuit used for the supply of elec-trical energy, including all machinery, apparatus and devices forming

part of or in connexion with that circuit, shall be so maintainedthat the leakage current does not under any conditions exceed one-

thousandth part of the maximum supply current, and suitable meansshall be provided for the indication and localization of leakage.

(2 ) Every leakage shall be remedied without delay.

(3 ) Every circuit shall be tested for insulation at least oncein every week and the results of the tests shall be duly recorded bythe licensees.

(4 ) Where any part of any electric circuit is connected with earth

in accordance with these Rules, the provisions of these Rules shall

not apply to that part of that circuit so long as the connexion withearth exists.

10. (1) Transformers shall be placed either in substations, in

premises or on poles; and where transformers are out of doors, theyshall be enclosed in watertight cases.


[subsidiary]

(2 ) W here substat ions are on poles , they shal l be at such a heightas to make them inaccessible except by means of a ladder or otherspecial appliance; and where transformers are placed within a sub-

station on premises, they shall be inaccessible except to authorized

persons.(3 ) In every case where a high pressure or extra high pressure

supply is transformed to a lower pressure , or e lectr ical energy is trans-



formed up to abo ve high pressure , som e suitable autom atic and quick-acting means shall be provided to guard against danger by reason ofthe lower pressure system becoming accidentally charged above itsnormal pres su re by con tac t wi th o r l eakage f rom the h igher pres su re

system.

(4 ) The m et tal ic port ion of every t ransform er with the except ionof the conductors thereof shall be efficiently connected with earth.

11 . Every elect r ic c i rcui t shal l be protected by a su i table fuse or Circuit breakerfor electric

automatic circuit breaker.i r c u i t s .

12. Where the pressure of a supply between adjacent con- Earthing of

ductors of a three-wire cont inuous current system ex ceeds 125 vo l ts , three-win

the intermediate conductor shall be conn ected with ear th in accordancecontinuouscurrent system.

with the following conditions—

(a ) the connexion with earth of the intermediate conductor shallbe made at one point only on each distinct circuit, namely,at the gen erat ing plant , and the insulat ion of the c i rcui t shal lbe efficiently maintained at all other p arts ;

(b ) the current from the intermediate conductor to earth shall becontinuously recorded, and if at any time it exceeds one-thousandth part of the maximum supply, current steps shallbe imm ediate ly taken to improve the insulation of the system.

13. Alternating current circuits shall, unless otherwise agreed by ire

the Minister , be conn ected with ear th in accordance w ith the following c ent sys tem.

conditions—

(a ) the connexion with earth shall be made only where energy isdelivered to each circuit, that is to say , a t a gen erating sta t ionor substation, and shall wherever practicable be made at aneutral point in the ci rcuit and in such m anner as w il l ensureat a l l t imes an im med iate and safe discharge of energy ;

(b ) the connexion with ear th shall be efficiently m aintained, exceptwhen it is interrupted by means of a switch or link for

th e purpose of periodical tes ts for ascertaining whethe r an y

current i s pass ing by m eans of the connexion with earth ;

(c )

the insulation of the m ains shall be efficiently maintained at a l l

other par ts ; and

(d ) tests shall be periodically made to ascertain whether anycurrent is passing by means of the connexion with earth,and, if at any time the current so passing exceeds one-thousandth part of the maximum supply current of thecircuit , s teps shal l be imm ediately taken to im prove the insula-tion; the tests and any action taken shall be duly recorded

by the licensee.

17 4AP. 314lectric PowerRev. 1986[Subsidiary]Earthing ofconcentricmains.

14. Concentr ic mains used either for continuous or for a l ternatingcurrent shall be connected w ith ear th in accordance with the followingconditions—

(a) the connexion with earth shal l be m ade-(i) by m eans of the external conductor ; and

(ii) only at the point or points where en ergy is g iven to eachcircuit , namely, at a generating plant or substation ;(b ) the insulation of the external conductor shall be efficiently



Minimumsize of

conductors.

Overheadconductors.

Clearance ofoverhead lines.

maintained at a l l other pans ;

(c) the external conductor shal l form a com plete metal l ic sheathinground the inner conductor ;

(d ) the connexion with earth shal l be eff ic iently m aintained, exceptwhen it is interrupted by means of a switch or link for thepurpose of periodical tests for ascertaining whether anycurrent is passing by means of the connexion with earth ;

and(e) tes ts shal l be periodical ly made to ascertain whether an y current

is passing by means of the connexion with earth, and, if atany t ime the current pass ing by m eans of the connexion withearth exceeds one-thousandth part of the maximum supplycurrent of the circuit, steps shall be immediately taken toimpro ve the insulat ion ; the tes ts and an y act ion taken shal lbe duly recorded by the licensee.

15. The sectional area of any con ductor of any extra high pressure

or high pressure electric supply line and of any distributing main orservice line shall , unless otherwise agreed by the Minister, not be lessthan 0 .00849 square inches , and the m in im um s ize o f any conduc to rof an overhead line shall be such as to have an actual breaking loadof not less than 560 lb.

16. (1) Line conductors shall be of copper, cadmium copper,copper-clad steel , galvanized steel , s teel-cored a lum inium, a lum iniumor such other m ater ia ls as may be approved by the Minister:

Provided that line conductors of soft-drawn copper shall not beplaced in tension.

(2) The factor of safety of line conductors, earth conductors,auxi l iary conductors and guard w ires shal l be not less than two . Thefactor of safety shall be based on the breaking load and shall becalculated on the assumption that the line conductors are at a tem-perature of 30 deg rees F., and that they are s imu l taneously subjectedto a horizontal wind at r ight angles to the l ine. This wind to be take nas exert ing a p ressure equivalent to 8 lb . per sq. ft . calculated on thewhole of the projected area of the conductors. The elasticity of themetal shall be al lowed for in calculat ing the sag for l ine conductors .

17. (1) The height from the ground of any line conductor, earthconductor, auxi l iary conductor or gua rd wire at any point of the spanat a temperature of 12 2 degrees F. shal l , unless otherwise authorizedby the Min ister in any particular case, be not less than —

(a ) for l ine conductors and auxil iary conductors a t low or m ediumpressure, earth conductors and guard wires-(i ) across a public or private road9 ft.(ii) in other positions..7 ft.:


(Subsidiary]

Provided that, in the case of service linesa t l ow or m ed ium pressu re which a re s i tua tedon private premises, the following minimumheights above ground shal l be adopted-

(i ) for bare line conductors (other than an

earth neutral and auxi l iary conductors) . ..

5 ft.(ii) for line conductors and auxiliary con-

ductors efficiently insulated and for bare



earth neutrals , earth condu ctors and guardwires—across a private carr iage-way5 ft.

in other positions3 ft.

(b ) for line conductors at high or extra high pressure in any

position-

( i) for nom inal pressures not exceeding 66,000

volts ...0 ft .(ii) for nominal pressures exceeding 66,000

volts and not exceeding 110,000 volts ...1 ft.

(iii) for nominal pressures exceeding 110,000volts and not exceeding 165,000 volts ...2 ft.

( iv)for nominal pressures exceeding 165,000volts ..3 ft,

(2 ) Wh ere overhead l ines cross navigable waterways, the minimu mheight above the water shall be as directed by the Minister .

(3) No overhead line at low or medium pressure shall come

within 2 ft. of any other separately owned overhead lines or cablesexcept a t a pole , and then only by arrangem ent between the respectiveowners of the lines.

(4) Overhead l ine conductors shal l be so erected as to be inacces-sible to any person without the use of a ladder, or other specialappliance, and, unless efficiently protected by insulating material, shallin no case be nearer to any portion of a building than 7 f t .

(5) Telephone lines owned and operated by the licensee andtarried on the same supports as other electric lines belonging to thelicensee shall have at all temperatures below 122 degrees F. suchclearance from the ground (or, where crossing a railway, from raillevel) as may be authorized by the Minister in any particular case.

(6 ) W here any overhead l ine conduc to r c rosses over o r under o ris in c lose proxim ity to any o ther overhead w ire, precaut ions shal l betaken by the l icensee to prevent contact , due to breakage or otherwise,between the line conductor and the other overhead wire or between

the other wire and the l ine conductor .

18. (I) Every support shall be so located as to avoid obstructionor interference with pedestrian or vehicular traffic.

(2 ) Every support shall be of durable m ater ia l .(3 ) The supp orts , in conjun ct ion with s tays or s t ruts i f provided,

shall withstand the longitudinal, transverse and vertical loads due tothe weight of the wires, the wind pressure hereinafter specified andchange of direction of the line without damage and without m ovem entin the ground ; and in no case shall the strength of the support in thedirect ion of the overhead l ine be less than one-quarter of the requiredstrength in a direction transverse to the line.

Supports of

overhead lines.

176AP. 314lectric PowerRev . 1986[Subsidiary]

(4) The fol lowing m inimum factors of safety shal l apply to eachsupport—

Material Factor of Safety

wood...5iron, steel or reinforced concrete ...

.5(a ) in the case of wood poles the factor of safety shall be basedon the m easurement s o f tha t por t ion o f the p o le imperv ious



to the attack of termites ;

( b ) in the case of concrete poles the m anufacture and tes t shal l bein accordance with B ri ti sh Standard Specificat ion No. 60 7 of1951.

(5) The factors of safety specified in paragraph (4) shallbe calculated on the assumption that all conductors, cables and

wires carried by the supports are at a temperature of 30 degrees F.,and that together wi th the supp orts they are subjected to a horizontalwind at right angles to the line, this wind be taken as exerting apressure equivalent to 8 lb. per sq. ft. calculated on the whole of theprojected area.

(6) The wind pressure on the lee-s ide m em bers of lat tice s teel orother compound structures shall be taken as one-half of the windpressure on the windward-side members ; the factor of safety shallbe calculated on the crippling load of struts and the elastic limit oftens ion memb ers .

(7) All electric lines shall be attached to su itable insulators carriedon cross arm s or brackets of suitable m ater ia l and cross section.

(8) Such special precaut ions as may b e necessary shal l be takento prevent the corrosion of all metal work at or below the surface ofthe ground.

Location ofoverheadelectric lines.

Protection oftelegraph andtelephone Wires.

(9) Earth wires, where led down poles, shall be protected for adistance of 8 f t . from the ground.

1 9 . In running electric lines along a public road where no tele-

graph or telephone line exists, a licensee shall keep to that side ofthe publ ic road which is approved by the Postmaster-General for thepurpose, and in running service l ines to the opposite side of the publicroad a licensee shall arrange such lines so as to interfere as little aspossible with the route on that side of any future te legraph or te lephoneline.

20 . (1) (a) N o elect r ic l ine shal l be erected on the sam e s ide of apubl ic road as Governm ent telegraph or telephone o r other l ines , andno pole shall be erected within 30 feet of the latter, except with theapproval of the Postmaster-General.

(b ) Wherever an electric line crosses over or under other wires.such crossing shall be at right angles and precautions shall be takenby the licensee to prevent contact, due to breakage or otherwise,between the l ine conduc to r and the o ther overhead wi re , o r be tweenthe other wire and the l ine conductor .

(c) Except wi th the approval of the Postma ster-Gen eral such pre-cautions shall consist of an efficient system of gu ard wires.

Electric PowerAP. 31477

[Subsidiary]ev. 19861

(2 )Where overhead electric lines at high pressure or extra high

pressure intersect Gov ernm ent telegraph or telephone l ines , the elec-t r ic lines shall be subject to such special condit ions as m ay be requiredby the Postm aster-General in each case of such intersection.

(3 ) W here an elect r ic l ine runs p aral lel and adjacent to a G overn-men t l ine, suitable and approved transposit ion of the powerhall

be effected if so required by the Postm aster-General , the expense sbeing



borne by the licensee.

(4 ) Where the erection of any electric l ine necessitates the altera-t ion of any ex is t ing telegraph or telephon e l ines and such al teration isapproved by the Postmaster-General, the expense of such alteration

shall be borne by the licensee.

(5 ) Where telegraph or telephone lines are operated and main-tained by any person, body of persons or public authority other than

the Kenya Posts and Telecomm unicat ions Corporat ion, the not ice andapproval required by this rule be given to and obtained from such

person, body of persons o r public authori ty .21. (1) Wh ere an overhead electr ic l ine is erected after the com ing

in to force of these Rules , adequate precaut ion to prevent danger froma broken line conductor, from leakage and from lightning shall betaken by the licensee, and the means whereby this is to be effectedshall be approved by the Minister before any part of such electric l ine

be erected.(2 ) (a) Unless otherwise approved by the 'Minister , a l l metalwork

other than conductors shal l be perm anent ly and effic ient ly connectedwith earth.

(b ) For this purpose a continuous earth wire shall beprovided and connected with earth at four points in every mile, thespacing between the points being as nearly equidis tant as possible, or ,

alternatively,the metalwork shall be connected to an effective

earthing device at each individual support .

(c) The design and construct ion of the system of earth connexionsshal l be such that when con tact is mad e between a l ine conductor andmetal connected with earth, the resulting leakage current is not less

than twice the leakage current required to operate the devices whichmake the l ine dead.

(3) All stay wires other than those which are connected withear th by m eans of a continuous ear th wire shall be insulated to preventdanger from leakage and for th is purpose an insulator shal l be placedin each s tay wire at a height of not less than ten feet from the ground.

22. Where an overhead line is erected along or across a publicroad or railway reserve or within a township or railway station, the

fol lowing add i t ional precaut ions shal l be taken to prevent danger—

(a ) in the case of a line erected along a public road or within atownship or rai lway s tat ion there shal l be provided-

(i )duplicate insulators supporting the conductors; or

(ii) a device to ensure that in the event of a line conductor

fa l l ing i t shall be pu t to ear th ; or

(iii) o ther means approved by the Minister or the ManagingDirector of the Kenya Rai lways Corporat ion, as the case

ma y b e ;

Precaution toprevent danger.

Road andrailwaycrossings.


[Subsidiary](b) in the case of a line erected across a public road or railway

reserve there shal l be provided-(i ) duplicate insulators for supporting the l ine condu ctor and

a device to ensure that in the event of a line conductorfa l l ing i t shall be put to ear th ; or

(ii) duplicate insulators supporting duplicate conductors t iedat intervals not exceeding five feet ; or(iii) other means approved by the Minister or the Managing



Service linesfromdistributionlines.

Differentpressure lineson same poles.

Danger notice .

Director of the Kenya Rai lways Corporat ion, as the casema y b e .

23. (1) Service connexions from overhead lines shall be takendirect from insulators and shall not b e tapped off between suppo rts.

(2 ) They shall be led as directly as possible to insulators firmlyattached to some portion of the consumers' premises which is notaccessible to any person without the use of a ladder or other specialappliance.

(3 ) Every portion of a service line, except an earthed neutral,which is outside a building and which is within seven feet from anyport ion thereof, or is in any w ay access ible therefrom without the useof a ladder o r other special appl iance, shal l b e efficiently protected b yinsulating material of not less than 600 m egohm grade.

24. (1) Wh ere l ines a t different extra high pressures are supportedon the sam e poles or supports, means shall be provided for autom atic-ally and effectively ear thing the lower pressure l ine in the event of thehigher pressure l ine making contact with the lower pressure l ine.

(2 ) W here low pressure an d extra high pressure l ines are carr iedon the sam e poles or suppo rts they shal l be subject to such condi t ionsas m ay be prescribed by the M inis ter.

(3 ) (a) Telephone lines supported on electric line poles shall besubject to the provisions of rule 17.

(b ) All such telephon e wires shal l be connected to the telephoneinst rument through su i table t ransformers a nd protect ive devices withfuses and lightning arrests placed in the circuits.

25. Every pole or support within a public road reserve carryinghigh pressure or extra high pressure lines shall have attached to it adanger notice in a form approved by the Minister, and in the case oflattice or similar poles shall be provided with an efficient guard toprevent unauthorized climbing.

26. A system of distr ibuting m ains shall be separated into sectionscorresponding approximately to the different feeders, and these sect ionsshall be inter-connected only throu gh suitable circuit breakers or fusesarranged so as to be easily inspected.

27. From the t ime w hen a l icensee comm ences to supply energythrough any distributing main, he shall maintain a supply sufficientfor the use of all the consumers for the time being entitled to besupplied from that main, and that supply shall, except so

far as th eMinister may otherwise from time to time permit, be constant lymaintained:

Provided that , for any purpose con nected with the efficient work-ing of the undertaking, the Minis ter may give permiss ion to a l icenseeto discontinue the supply a t such intervals of t ime and for such per iodsas he may think expedient ; and when the supply is so discontinuedreasonable not ice to al l persons l ikely to be affected shal l be given ofsuch discontinuance, and of the probable duration thereof.

Measures forrestricting arealiable tostoppage.

Licensee toprovide constantsupply.

Rev. 1986]lectric PowerAP. 31479

[SubsidiaryPressure andfrequency of

supply atconsumers'premises.

28. (1) Subject to the limits of variation specified in para-graph (2), a supply of electrical energy to any consumer shall begiven by m eans of alternating current at a frequency of 50 com pleteperiods per second, and shall , subject to the provisions of any special

agreement between the l icensee and any consum er to the contrary—(a) in the case of a s ingle phase supply, be given a t a s tandard

pressure of 240 v olts ; and



(b ) in the case of a supply given on a four-wire system, be givenat a standard pressure of 415 v olts between phases.

(2) Except with the consent of the Minister and upon such termsand conditions as he m ay impo se, the frequency referred to in para-graph (1) shall be m aintained subject to a var iat ion not exceeding 2 +per centum ab ove or below, and the said voltage shall be maintainedsubject to a var ia t ion not exceeding 6 per centum above or be low

the standard pressure.29. (1) If , after mak ing al l proper exam ination of an instal lat ion

by testing or otherw ise, a licensee is reasonably satisfied that—

(a ) the wiring or fittings are not suitable for the voltage beingemployed ; or

(b )a leakage exis ts at som e part of the circuit of such extent asto be a source of dang er, and that such leakage does not existat any part of the circuit belonging to the l icensee ; or

(c ) any other requiremen ts of these Rules are not being comp lied

with ;then, and in any such case, the l icensee shall not comm ence a supplyor shall discontinue the supply of energy to the consumers' terminals,as the case may be, and shall give imm ediate notice in writing to theconsumer of the reason for not commencing or for discontinuing thesupply ; and in ei ther case supply shall not be g iven unti l the l icenseeis reasonably satisfied that the installation is in conform ity with theseRules.

(2) A licensee shall at his own cost make all proper examinationsand tests before commencing a supply of energy to a consumer's

terminals , but if an installation fails to com ply with these R ules, ori f a supply has been discontinued in accordance with any provision ofthe Act or of these Ru les, the licensee shall before giving a su pplyof electrical energy be en titled to charge and b e paid-

(i ) in the case of every re-examination and re-test of an instal la-t ion within the boundaries of any m unicipality or townshipwithin the licensee's area of supply, a fee of twenty shillings ;and

(ii) in the case of every re-exam ination and re-test of an instal la-tion in any other part of the licensee's area of supply, a

fee of twenty shil l ings together with the expenses ( includingwage s) incurred by the l icensee in carrying out every suchre-examination and re-test.

(3) (a) If any consum er is dissatisfied with the action of a licenseein re fus ing to g ive or in discont inuing or in not recom mencing thesupply of electr ical energy to his prem ises, the wires an d fit t ings ofthat consumer shall, on his application and payment of the prescribedfee, be tested for the existence of leakage by an electr ic inspector orsuch person as the M inister m ay appoint.

Testinginstallations .


[Subsidiary]

Minister mayprohibit use

of works causing

nuisance.

(b ) This provision shall be endo rsed upon every no tice given underthis rule.

(4) All tests of consumers' installations shall be duly recorded bythe licensee.

30. (1) Where any person is m aintaining or operating any insta l la-tion, electric supply line, apparatus or other works which, in theopinion of the Minister, is causing a nuisance to any person or to



the general public, or which interferes with the efficient working ofany te legraph or te legraph l ine, the Minister may , by notice in writ ing,prohibi t the use of such ins tallat ion, elect r ic supply l ine, apparatus o rother works, or may require the person who is m aintaining or operatingsuch ins tal lation, elect ric supply l ine, apparatus or other works to useit subject to such conditions as may be specified in the notice.

(2) Any person upon whom a not ice has been served under para-graph (1), and who fails to comply with the notice or withto a f ine not exceeding on e thousand shil l ings or to a term o f imprison-ment not exceeding three mon ths or to both.

Addit ional precaut ions approv ed under ru le 22 of the Elec t r ic PowerRules

L.N. 31/1956.. The fol lowing addi t ional precaut ions have been approved forthe purposes of rule 22 of the Electric Power Rules, in respect of

overhead electric supply lines operating at a nominal pressure of132,000 vo lts and erected upon steel towers—

(a ) the factor of safety of l ine conductors and auxil iary cond uctorscalculated in the m anner described in rule 16 of those R ulesshall not be less than 3 .5 ;

(b ) the line shal l be protected by devices designed to disconne cta broken conductor from all sources of supply in less timethan would be required for the conductor to fall under theinfluence of its own weight to within twelve feet of the

ground ;

(c ) no tree shall be allowed to stand in such a position that anypart of i t would pass within 12 feet of any line conductor didthe tree fall directly towards the line ;

(d ) al l insulator s tr ings , whether suspe nsion or tension se ts , shal lhave a m inimum factor of safety of 3.5 ;

( e) a ll insulator str ings shall be provided with arcing r ings , hornsor other device approved by the Minister for the protectionof the conductor .

2. This approval shall not in any way affect or prejudice theright of the operator of any navigable waterway, telephone or tele-graph l ine to require such fur ther precautions as he may be em poweredto require in relation to the construction of any electric supply line,the subject of th is approval , which crosses such navigable w aterway.telegraph line or telephone.

18 1

[Subsidiary]

Cap. 174 (1948),Sub Leg. ,L.N. 565/1961.

Citation.

Rev. 19861


THE E L EC TR IC P O W ER (EL EC TR IC ITY M ETER S) R UL ES

1 .

These Rules may be cited as the Electric Power (Electricity

Meters) Rules.

For the purposes of these Rules, unless the context otherwiseInterpretation.



2 .requires-

"B.S.S." or "British Standard Specification" means a standard

specification issued by the B ritish Standards Institution ;

"meter" means any and every k ind o f m ach ine , dev ice o r ins t ru -

ment used for the measurement of the supply of electrical energy,and includes such auxi l iary appl iancesans as resistors, shunts, reactances,

current (t ransformers ,rmers, voltage tformers and time switches, external

to the meter, and the requirements of these Rules shall apply whenall such auxil iary appliances are operating in connexion with the m eter .

3. A meter shall be considered to be an appropriate meter forAppropriate

the purposes of section 92 of the Act, or an approved meter for themeter.

purposes o f sect ion 103 of the Act , i f it i s of a rating and type w hichis considered by an electrical inspector to be suitable for the circuit

and load conditions to which it is or is to be subjected in service,and—

(a ) i f i t i s a me ter which com plies with B.S.S. N os. 37 and 81 , ascurrent at the date of purchase of the meter, in so far asthose specifications are applicable to the class of m eter underconsideration, with the deletion of clauses 35 and 37 of B.S.S.No . 37, 1930, and clauses 19 and 24 of B .S.S. No. 81, 1927,or the corresponding clauses in any previous or subsequenti ssues of those specificat ions which ap ply to the m eter under

consideration; or

(b ) in the case of a meter of a type not covered by a BritishStandard Specification, if it is a meter of such construction

and pattern as may be approved b y the Minis ter.

4. The register ing m echanism of any m eter , except an e lectrolyticmeter or a substandard meter with special dials for testing or otherpurposes, shall be either of the pointer type or of the counter type,

and shal l comp ly with the fol lowing requirements—

(a ) a regis tering m echanism of the pointer type shal l comply withthe relevant clause of B.S.S. No. 37 current at the date of

purchase of the meter ;

(b ) a registering mechanism of the counter type shall be of suchtype as may b e approved by the Minis ter.

Registeringmechanism.


[Subsidiary]Limits of error. 5. The meter shall not register at no load, and its error, at the

s t andard o r marked vo l t age and f requency and a t any t empera tu re towhich it may be subjected in service, shall not exceed the followingvalues—

Type of meterCONDITIONS OP TEST

Limits oferror plusor minus

Current expressedas percentage of

the marked currentPower factor



Watt-hour meters for directorlternatingurrentwith or without maximumdemand indicator

Kilovolt - ampere - hourmeters and reactive volt-ampere-hour meters withor without maximum de-

mand indicator

.Thermalyp eaximum

demand indicators. 125% to 5%

100% to 40 %

100 % to 40%

0.5 to 1.0.0%

Within marked.0%range

An y.0 %

Provided that th is rule shal l not preclude the cert i fication or u se.for registration at loads outside the ranges of current and powerfactor quoted above, of a meter which registers at such loads withinthe l imits of error prescribed abov e.

L.N. 585/1960.H E E L E C T R I C P O W E R ( N A T IO N A L ST A N D A R D S) R U L E S

1 . These Rules may be cited as the Electric Power (NationalStandards) Rules.

2 . In these Rules, "telecommunication plant" means any line,apparatus, equipment or thing used or intended to be used in con-nexion with the t ransmiss ion or recept ion of informat ion by electr icalmeans.

3. (I) No person shall sell or let on hire, or offer for sale orhire, any electrical apparatus or material of a kind specified in the

Schedule:

Provided that nothing in these Rules shall be deemed to applyto those parts of telecommunication plant not connected to a publicor private mains supply.

(2) Any person who co ntravenes the provis ions of paragraph (1)shall be guilty of an offence and liable to a fine not exceeding onethousand shi l l ings or to imprisonment for a term not exceeding threemo nths or to both.

SCHEDULEr. 3)

Any electr ical apparatus provided w ith a f lexible cord which doesnot comply with the following requirements—

(a) the cord shall consist of two or more conductors each com-prising a group of wires in diameter and construction suchas to afford flexibility and having a cross sectional area notexceeding .007 sq. in. ;


(Subsidiary)

(b ) each cond uctor shall be separately insulated with insulatingmaterial of a type and thickness suitable to the working

voltage of the conductor ;

(c) the conductors shall be laid up together and sheathed o verall

with a material providing electrical insulation and m echanicalprotection for the insulated conductors ;

the insula ted cond uctors sha l l be coloured throughout the ir



(d )length and sh all be connected to the apparatus or its connect-ing device in the following manner—

red conductor for phase or l ive wire ;

black conductor for neu tral or return wire ;green cond uctor for earth continuity wire.

.N . 566/1961.

Citation.

Interpretation.

Application.

Other statutorypowers.

Insulation ofundergroundlines.

gu li n m d u e r i n s

ize

service lines.

Depth ofunderground

THE EL EC TR IC PO W ER (UN D ER GR O UN D L INES) R UL ES

I. These Rules m ay be ci ted as the Electr ic Power (Und erground

Lines) Rules.

2. In these Rules, unless the con text otherwise requires—"street box" includes an y substation or sw itching s tation placed

underground ;

"underground line" mea ns any electric supply line norma lly placed

underground ;"voltage" means pressure.

3. These Rules shall apply to all underground lines installed afterthe commencement of these Rules, but shall not apply to any under-ground l ine in existence at such date and constructed and m aintainedunder and in accordance with any previous Rules:

Provided that any renewal or addition to such underground linecarr ied out after the said date shall com ply with these R ules.

4. The provisions of these Rules shall not derogate in any way

from any powers conferred by any w ritten law on any person to takesteps to prevent interference in his property or interests as a result ofthe laying of any underground line under these Rules.

5. Every un derground l ine, unless special ly designed to operateuninsulated, shall be efficiently insulated and protected frommechanical damage, and eff icient means shal l be employed to preventdanger resulting from the surface of the ground or any works inproximity to any underground l ine becom ing charged by leakagefrom such underground line.

6. The conductors of any service l ine placed underground sha llhave a cross-sectional area not less than 0.0145 square inches unlessotherwise approved in writing by the Minister.

7. The depth be low the surface of the ground o f every under-ground line shall unless otherwise approved by the Minister in anyindividual case be not less than—

(a) eighteen inches in the case of a l ine operating at low or m ediumvoltage;


[Subsidiary]

(b ) twenty-four inches in the case of a line operating at high orextra high voltage ; and

(c ) thi r ty inches in the case of a l ine cross ing beneath a roadw ay.

8. (1) Und erground l ines la id a long streets shall wherever possible

be laid under footways.(2) Underground lines cross ing beneath any carriageway h aving

a surface of concrete, bitumen or other permanent material shall beUndergroundlines laid



Constructionof pillarsand streetboxes.

Undergroundlines broughtabove thesurface of theground.

Earthing ofducts andmetallic sheaths.

Testing ofundergroundlines.

laid in ducts so that they can be withdrawn without damage to thesurface of the carr iageway.

9. Underground lines operating at high or extra high voltageunless laid on land in the exclusive occupation of the owner or o peratorthereof or contained in ducts shall have laid above them a coveringin the form of tiles or slabs of durable material bearing a moulded

inscription warning of the presence beneath them of electric supplylines.

10. Wherever low or medium voltage underground l ines and highor extra high voltage underground lines are placed less than six feetapart, except where both lines are laid in ducts, the high or extrahigh voltage l ines shall be la id a t a lower level than the low or m ediumvol tage l ines and the difference in level shal l be not less than twelveinches.

11. All ducts, casings, pillars and street boxes used as receptacles

for underground lines or apparatus shall be constructed of durablematerial and where placed under carriageways shall be of sufficientstrength to withstand heav y traffic; and—

(a ) all reasonable precautions shall be taken to prevent theaccum ulat ion of gas or water in such receptacles , and

(b ) the doors of substations and pillars and the covers of streetboxes, subways and manholes shall be so constructed thatthey cannot be opened except by the use of a specialappliance.

12. Every portion of any underground line brought above thesurface of the ground or into any subway or tunnel not in the soleoccupation of the owner or operator of the underground line shallwherever it is less than eight feet in height above the surface of theground o r any foo tway be pro tec ted aga ins t mechan ica l damage andunauthorized interference.

13. (1) Metall ic ducts containing underground l ines shall wherevernecessary to avoid d anger be efficiently ear thed and shall be so jointedand connected across all street boxes and other openings as to beelectrically continuous throughout their whole length.

(2) Metallic armouring and metallic sheathing of undergroundlines shall be electrically continuous throughout the entire length ofthe underground l ines.

14. No high vo l tage or extra high vol tage undergroun d l ine shal lbe used for the supply of energy until it has been completely laid,properly jointed and, where practicable, tested or until it is in thesole charge of the owner or operator, and every such line during itsuse shal l remain in the sole charge of the owner or operator.

along andacross streets.

Warning ofpresence ofextra highvoltageundergroundlines.

Levels ofundergroundlines atdifferentvoltages.

CAP. 3148 5

[Subs idiary]

Prohibition of

use of unsafewires .

Rev. 19861lectric Power

15. W ithout p rejudice to any prosecution for an offence under

rule18, the Minister may prohibit the use or may order the

removal of any underground line if in the opinion of the Ministeri t s use is at tended w ith danger or i f i t fai ls to com ply in any m aterialrespect wi th the requirements of these Rules , and may cont inue suchprohibi tion unti l the m atter complained of h as been rect if ied.

16 .Any unde rground l ine which has fal len into disuse other than

for a temporary period shall, if so required by the Minister, be removed

Removal ofdisused lines.



by the own er thereof, and, in the event of the owner fai l ing to removesuch und erground l ine within a period of s ixty days of i t s fall ing intodisuse, the Minis ter may order i ts removal.

17 . Before making any order for removal of any underground

line under rule 15 or rule 16, the Minister shall give noticeto the owner of his intention to make such order, and, if good

cause is not shown why the Minister should not make such orderwithin thi r ty days of not ice having been given, the Minis ter m ay orderremov al of the underground l ine within such reasonable per iod as shallbe specified, and, where such order is not com plied with, the Minis termay cause the underground line to be removed and may recover thecost of so doing from the own er as a c ivi l debt .

18 . Subject to rule 4, any person who contravenes or fails to

comply with rules 3 to 14 inclusive, or who contravenes or fails tocomply with any prohibition or order of the Minister under any ofrules 15, 16 and 17, shall be guilty of an offence and liable to a fine

not exceeding one thousand shillings.

Notice ofintention toorder removalof underground

line.

L.N. 348/1962,L.N. 343/1963,L.N. 165/1964,

L.N. 342/1966,

L.N. 9/1980,

L.N. 53/1980,L.N. 140/1981.

THE ELECTRIC POWER (ELECTRICITY LICENSING BOARD)

(POWERS AND DUTIES) RULES

1 . These Rules may be cited as the Electric Power (ElectricityLicensing Board) (Powers and Duties) Rules, and shall apply to the

premises and areas set out in the Second Schedule.2 . In these Rules, unless the context otherwise requires—

"Board" means the Electricity Licensing Board established by

the Electric Power (Electricity Licensing Board) Order;"electr ical contractor" means any person engag ed in carrying out

any electrical installation work either individually or as a bodycorporate or incorporate for voluntary, business , t raining, or teachingpurpose s in the field ei ther for gain or reward o r for no charge a t al l .

"electrical installation work" m eans the installation, alteration, or

repair, wholly or partially, of any conductor or apparatus or systemof wiring in or upon premises connected or in tended to be conne ctedto a supply of electricity where the pressure in any part of the systemexceeds 110 vo lts but excludes—

(a) work upon the system of an authorized distributor or bulksupply l icensee carried out by su ch dis t r ibutor or servant ofsuch distributor acting on his behalf;

186AP. 314lectric PowerRev. 1986[Subsidiary]

(b ) any telecommunication and alarm circuits and equipmentthat are not di rect ly connected to a supply of e lect r ic i ty andthe pressure in any part of the system does not exceed 24volts;

(c) any te lecommunications plant;

"issuing officer" means a person appointed in writing by theBoard under rule 4 to be an issuing officer for the purposes of theseRules;



"licence" means a licence granted under rule 5, and "licensed"has a corresponding meaning;

"licensed electrician" means a person licensed under rule 5.

"occupant", in re la t ion to any premises, includes the person u sing,inhabi t ing or being in possess ion of the premises ;

"registered" means registered under rule 12, and "register" and"registrat ion" have corresponding m eanings;

"telecomm unications plant" means any l ine, apparatus, equipmentor thing used in connexion with the transmission or reception ofinformat ion by e lectr ical means.

3. The Board shall have the powers and duties prescribed bythese Rules and m ay in writ ing delegate such of i ts powers and dutiesas it shall specify to any or all issuing officers.

4. (I) The Boa rd shal l appoint in wri ting one or m ore persons tobe issuing officers.

(2 ) In addi t ion to the powe rs and dut ies provided in these Rulesan issuing officer shal l have such po wers and dut ies as may be dele-gated to him by the Board.

(3) No issuing officer shall be personally liable for any act ordefault done or omitted to be done in good faith in pursuance ofthese Rules.

5. (1) The Board may, on application being made to it, grant

to the applicant one of the following licences--(a)licence A, which sha l l ent i tle the holder to carry o ut al l k inds

or classes of electrical installation work.

(b ) licence B, which shal l ent i t le the holder to carry out elect r icalinstallation work to buildings and factories not intendedto be used as places of pu bl ic entertainme nt and for suppl iesof elect r ic i ty provided and m etered at a pressure not exceed-ing medium;

( c) licence C, which shal l ent i t le the holder to carry out elect r icalinstallation work, which is for connection to a single phasesupply, restricted to two-storey buildings not used as factoriesor places of public entertainment;

(d ) licence D, which shall entitle the holder to carry out workrestricted to any specialized class of electrical installationtwo*.


[Subsidiary)

(2) Every l icence shai l , unless previously cancel led un der rule 10,remain in force until the 31st December in the year in which it isgranted and shall not be transferable but may subject to such condi-tions as may be specified' by the Board, be renewed.

(13) A fee of one hund red and fi fty shi l l ings shal l be paid on thegranting of any class of l icence under these R ules.

(4) The following fees shall be paid for a renewal of any class

of licence on or before the 31st March in each year, that is to say-



Sh .

(a) for licence A0(b)for licence B0(c ) for licence C0(d)for licence I)•• ..0Provided that the fee for a licence renewed after the 31st Marchshall be one-and-a-half t imes the fees specified in this paragraph.

(5) Any l icence issued under paragraph i l l ) which is not renewed

for f ive consecutive years shall 'be deem ed to have been cancelled ' andshal l not be considered for renewal.

6. (1) An appl icat ion for a l icence shal l be m ade to the Boa rd on

Fenn I set out in the First Schedule, and such application shallspecify the class of l icence in respect of which the application is madeand shall be accompanied by the following application fees-

Sh .

(a ) for licence A ..00

(b ) for licence B5(c)for licence C0(d ) for licence D0(2 ) The applicant shall furnish to the Board such evidence or

part iculars as m ay be required by the Boa rd relat ing to the appl icant 'sprevious ex perience of elect r ical ins tal lat ion wo rk.

(3 ) The Board may require and cause such applicant, for the

purpose of ascertaining his abi l i ty to u ndertake, engage in or performelectrical ins tal lat ion work, to be exam ined, in such m anner as i t m aydetermine, upon a ny m at ter or th ing in connex ion with his appl icationand upon the Ac t and the ru le s made the r eunde r .

(4 ) The Bo ard m ay grant the appl icant such type of l icence as ini ts opinion he is qual ified to hold, and the B oard m ay, wi thout ass ign-ing any reaso n therefor, refuse to grant any l icence to any a ppl icant .

7. Any person who contravenes or fails to comply with any ofthe terms and condit ions of any l icence issued under rule 5 or w ilfullygives false or misleading information under or for the purposes of

rule 6 shall be guilty of an offence and l iable to a fine not exceedingone thousand shillings or to imprisonment for a term not exceeding

three mon ths or to both.8. Any person who undertakes or carries out any electrical instal-

lation work without being the holder of a licence then in forceappropriate to the work undertaken or carried out or without beingunder the direction of such a licence holder shall be guilty of anoffence and l iable to a fine not exceeding one thousand shi l l ings or toimprisonment for a term not exceeding three months or to both.


[Subsidiary]

9. The Board shall maintain a register of all l icensed electriciansfor the t ime being l icensed under these Rules .

10. (1) The Board may cancel or downgrade the licence of a nyl icensed elect r ic ian upon being sa t isfied that the l icensed elect r ic ianhas contravened any of the provisions of the Act or any rules made

thereunder.(2 ) W here the B oard cancels the l icence of any l icensed electrician

i t shal l rem ove his nam e from the regis ter of l icensed elect r ic ians for



the time being licensed under these Ru les.

(3 ) Upon the cancellation or downgrading of the licence of anylicensed electrician under paragraph (1), the Board may by writtennotice to such licensed electrician, disqualify him from holding alicence or a particular type of licence for such period as the Boardthinks fit.

(4) Before exerc i s ing i t s powers under paragraph (1 ) , t he Boardshall afford the licensed electrician whose licence it is proposed tocancel or downg rade an opportunity of appearing or being representedbefore the Board and of showing cause why the Board should notexercise its power under these Rules.

(5 ) An issuing officer may at any t im e by giving no tice in writingto a licensed electrician, a copy of which shall be sent to the Board,suspend the l icence of the l icensed elect r ic ian unt i l the nex t mee t ingof the Board.

11. (I) An electrical contractor undertaking any electrical instal-lat ion work shal l submit a comm enceme nt not ice in Form 3 set out inthe First Schedule to an authorized distributor delivering the supplyor to an elect r ical inspector appointed un der the Act wh en the supp lyis not delivered by an authorized distributor.

(2 ) An authorized electrician of the electrical contractor or theelect r ical contractor, as the case may be, com plet ing or di rect ing thecompletion of the e lectr ical insta l la t ion work shall subm it a com pletionform in Form 4 set out in the First Schedule to an authorized distri-butor delivering the supply or to an electrical inspector appointedunder the Act when the supply is not delivered by an authorizeddistributor.

(3 ) Notwi ths tand ing paragraphs (1 ) and (2 ) , the com mencem entnotice and the completion form for electrical installation work shallbe submitted by the same electrical contractor unless a special per-mission is granted by the issuing officer.

(4 ) Any person who fai ls to com ply with this rule shal l be gui l tyof an offence and l iable to a f ine not exceeding on e thousand shil l ings.

(5) Any person who submits or causes to be submitted to an

authorized dis t r ibutor or to an elect r ical inspector a com plet ion formwhich he knows or has reason to believe is false in any materialparticular shall be guilty of an offence and liable to a fine not exceed-ing one thousand shillings.

12. (1) Every e lect r ical contractor shal l regis ter the nam e of hisbusiness with the Board and, in the case of a business having morethan one b ranch, separate regis t rat ion shal l be effected in respect ofeach branch.


[ubddiary1

(IA) Subject to paragraph (6), every registration shall remain inforce until 31st December in the year in which it is granted andm ay, sub jec t t o such cond i t ions as m ay be spec i fi ed by the B oard , berenewed.

(2 ) The B oard shal l not regis ter any elect r ical contractor who isunable to satisfy the Board that he carries on a business at premisesconsti tuting a permanent address.



(3 ) An application for registration under this rule shall be madeto the Board on Form 2 set out in the First Schedule and such appli-cation shall be accompanied by an application fee of one hundred

shillings.

(4 ) The following registration fees shall be paid by everyelectrical contractor whose application for registration is approved by

the Board de pending on the type of l icence he holds- Sh .

(a ) for licence A 4,000

(b ) for licence B 75 0

(c ) for licence C 50 0

(d ) for licence D 50 0

and for each renewal of the registration the electrical contractor

that' pay the following fees depending on the type of licence he

holds-Sh .

(a)for licence A 50 0

*b) for l icence B 37 5

(c ) for licence C 25 0

(d)for licence D 25 0

Provided that for any registration renewed after the the 31stMarch the fees specif ied in th is paragraph for renewal shal l be increasedby f if ty per centum.

(4A) Notwithstanding the provisions of paragraphs (3) and (4),the Board may exempt any person or class of persons from the

payment of the prescribed fees .

(5 ) The registration of any business or branch thereof shallbecome vo id upon the ex pi ra tion o f th i rty days f rom the da te o f anychange in the ownership of such business or branch, or upon thebusiness or branch being t ransferred from the premises in respect ofwhich i t i s regis tered:

Provided that where any issuing officer in wri t ing approves suchchange of ownership or t ransfer from premises the regis t rat ion shal l

not become void until the next meeting of the Board.(6 ) The B oard m ay in i t s absolute discret ion refuse to register or

may remove from the register or down-grade the registration of anybusiness or branch of a bu siness unless i t is sat isfied that there is andshal l cont inue to be em ployed in the business or branch on a ful l t im ebasis , an elect r ic ian w ho ho lds a l icence appro priate to the elect r icalinstallation work proposed to be undertaken by such business orbranch and who is an d shal l cont inue to be av ai lable to di rect all suchwork.

19 0AP. 314lectric PowerRev . 1986[Subsidiary]

(7) An issuing officer may at any t ime by !giving notice in writ ingto an elect r ical contractor, a copy o f which shal l forthwith be sent tothe Bo ard, suspend the reg is t rat ion of the business of such elect r icalcontractor or of a branch thereof until the next meeting of theBoard.

(8) The Bo ard shall keep a register of a l l businesses and branchesthereof regis tered under th is rule.



(9) Any electrical contractor who—

(a ) undertakes or carries out by himself, his servant, or agentany electr ical insta l la tion wo rk at any t ime w hilst his businessor any branch thereof is not regis tered or w hi le the regis tra-t ion of such business or branch is suspended; or

(b ) undertakes or carries out, by himself, his servant or agentany electrical installation work except under the direction ofa l icensed elect r ic ian holding a l icence of a type approp riateto such work ,

shall be guilty of an offence and liable to a fine not exceedingone thousand shillings or to imprisonment for a term not exceedingthree months or to both.

(10) Where any o ffence under these Ru les comm i tt ed by a com -

pany, co-operat ive society or other corporate body is proved to havebeen committed with the consent or connivance of, or to have beenfacilitated by any director, chairman, manager, secretary or otherofficer thereof, he. as well as the company, co-operative society orother corporate body shal l be guilty of the offence and liable to beproceeded against and p unished accordingly.

13. Any owner or occupant of any premises or any developeror main contractor of any premises under construction whocauses or permits to be carried out upon the premises any electricalins tallat ion w ork in contravent ion of these R ules shal l be gui l ty of an

offence and l iable to a fine not exceeding one thousand shi l lings.14. (Deleted by L.N. 140/ 1981.)1 5. Any person aggrieved by—

(a ) a refusal of the Board to grant a licence or a licence of aparticular type;

(b ) a cancellation or downgrading of a licence or the removalfrom the register under rule 9;

(c ) a notification of the Board disqualifying him from holding a

licence or a licence of a particular type; or

(d ) a refusal of the Board to register a business or any b ranchof a business or the removal of a business or branch ofbusiness from the register to be maintained under rule 12,

may appeal in writing within fourteen days of the refusal, cancellation,down grading by no tif ication to the Minister whose d etermination shallbe f inal and shall not be questioned in a court of law.



1 9 2AP. 314


[Subsidiary]

Experience and Qualifications—

(a ) Details of educational qualifications and examinations passed

(b ) Details of apprenticeship (if any)



. c) Subsequent experience in the work of an electrician or trade or

wireman (Trade Test Certificate, (if any))Knowledge of English language :

(a ) Readinges/No

(b ) Writinges/No(c)Speakinges/No

Knowledge of Rules and Regulations :

(a ) The regulations for the electrical equipment of buildings by

the Institution oof Electrical Engineers, Great Britain. Yes/No

(b ) The Factories (Elecric Power) (Special) Rules, 4979. Yes/No

(c ) Rules made under section 145 of the Electric Power Act.

Yes/No

(d ) Local Supply System Tariffs. Yes/No

Details of Electrician's licence held (if any)

(a ) Licence No.(b ) Issued on(c ) Issued byFor the licence applied for I was alst interviewed on,I declare that the particulars given by me are true and correct

A postal order No.datedor Sh.being

the application fee is enclosed.

Dateignature of Applicant


[Subsidiary]

REFEREES

(The following details to be completed by two independent referees

who must have known the applicant's ability very well, preferably in

the trade.)

(i) 1ST REFEREE

I declare that the particulars given by the applicant in this form



are true and correct to the best of my knowledge.

Full Name :

Occupation:

(Block letters, surname first)

Paostal Address:

1 . 3

Electrician's licence No. (if any)

I have known the above person foryears.

Position held at present:

DateSignature of 1st referee

( i i) 2ND REFER EE

I declare that the particulars Riven by the applicant in this form

are true and correct to the ibest of my knowledge.

Full Name:

Occupation:

Postal Address:

Electricians's Licence No. (if any)I have known the above person foryears

Position at presentDateSignature of 2nd Referee


[Subsidiary)

Form 2r. 12 (3))

APPLICATION FOR REGISTRATION OF ELECTRICAL

CONTRACTORS BUSINESS OR BRANCH

The Chairman,Electricity Licensing Board

P.O. Box

NAIROBI.



1/Wehereby certify that I/we intend to conduct the business of Electrical

Contractors at premises/branch occupied by me/us situated atDescription of the Premises:

(a)TownW,) Location /Name of the Road(c)Name of the Building(d ) Whether it is a Branch(e ) Available office and storage areaDetails of Business:

(a) Business registration No. and date(b)Postal address(c) Names of partners, their addresses and nationalities(d) Licensed electricians who will direct the electrical contracting wank :

Full nameicence No. and Class

(0(ii)(iii)

(iv)

Electric PowerAP. 31495

[Subsidiary]Rev. 19861

(e) Areas where the business will operate

(f)Prervious experience in estimating and casting of electrical projects



(g ) Previous experience in electrical contracting work

(h)Capital available for operating the businessK.Sh.

(i) Name and address of bank or 'financial organizationwhere the

business account is maintainedDetails of the tools and measuring and testing instruments available :

(ja) List of tools(b) List of measuring and testing instruments

Descriptionake Serial No.

(i )(ii)(iii)(iv)(v )(vi)(vii)(viii)I/We herelry,arop ly for registration of the above mentioned

Electrical Contractor Branch/Business in accordance with the Electri-

city Licensing Board (Powers and Duties) Rules (Cap. 3 , 14, Sub. Leg.)

and undertake to carry out all work undertaken by me/us strictly in

accordance with the Electric Power Act (Cap. 314) and any rules and

by-laws for the time being in force thereunder.

196

(Subsidiary]

CAP. 314 Electric PowerRev. 1986

I/ we, hereby, declare that the information Ifwe have providedin the application is true and correct.

A postal order No.datedfor Sh.being the application fee is enclosed and agree to pay the inspection

fee and the intial registration fee, as and when required,

Date

Signature of Applicant



REFEREES

(The following details to be completed by two different and

independent referees, who would vouch your competence to operate

a business of contractor if registered, your technical ability having

already been established. Persons who may not understand what isinvolved in running a business cannot be accepted as referees)...

() 1ST REFEREE

I certify that the information given in this form is true andcorrect to the best of my knowledge.

Full Name


OccupationPostal AddressDateSignature of 1st Referee

( ii) 2ND REFEREE

I certify that the infomnation given in this form is true andcorrect to the best of my knowledge.

Full Name


OccupationPostal AddressDateSignature of 2nd Referee

CAP. 31497

[Subsid iary]

(r. 11 (1))

Rev. 1986]lectric Power

Form 3

COMMENCEMENT OF WORK NOTICE

No.

To:



(Name and address of authorized distributor or E lectrical Inspector)

In accordance with rule 11 (11) of the Electric Power (Electricity

Licensing Board) (Powers and Duties) Rules,

I/we

(Name and Address of Electrical Contractor)

hereby give notice that Uwe propose to carry out the following'wort

as under: forName of Consumer)

of

at

of land office reference No.Nature of work : new installation/additionMedification of an existing

installation.

(Delete where not applicable)

Proposed situation of meter-hoard(s) in the case of a new installation

or if the site of an existing board is to be changed) will be(Address of Consumer)

(Situation of property)

I/we have Electrical Contractors Registration No.

Classvalidated for the current year.

DateSignature of Electrical

Contractor

Noce.—Any person who submits a commenceent of work notice

which is false in any material particular is liable to prosecution under

rule 11 of the Electric Power ('Electricity Licensing Board) (Powers

and Duties) Rules.

1 9 8AP. 314lectric PowerRev. 1986(Subsidiary)

Form 3I (2))

COMPLETION FORM

No.To:



(Name and address of authorized distributor or Electrical Inspector)

In accordance with rule I I (2) of the Electric Power (ElectricityLicensing Board) (Powers and Duties) Rules, I/we

(Name and address of Electrical Contractor)

holding clans

Electrical Contractor registration, hereby give notice that the under-

mentioned work in connection with the installation of the 'premises 'of :

NameAddressis now completed and ready for testing and connection.

A 'service line is/is nit required.

Details of installation {stating if new, addition or modifiction)

The work has been carried out and tested; and is strictly inaccordance with The Electric Power Act (Cap. 314) and all rules and

by-laws for the time 'being in force thereunder.

Name of licensed electrician in chargeClass of licence heldLicence No.Signature of Licensedignature of Electricalelectrician in chargeontractor

DateateNOTE.—Any person who submits a completion form which is

false in a material particular is liable to prosecution under rule 11 of

The 'Electric Power (Electricity Licensing 'Board) (Powers and Duties)Rules.

(For office use of authorized distributor)

Connection Order No.Date


[Subsidiary]

SECOND SCHEDULEr. 1)

AREAS AND PREMISES TO WHICH RULES APPLY

I. All public places.

2. All areas specified in Distributing Licences granted under the

Electric Power Act.ap . 314.

3. All factories as defined in section 5 of the Factories Act. ap . 514.



4. All hotels as defined in the Hotels Act.ap. 495.

5 . All boarding schools.

6. All hospitals and nursing homes.

THE ELECTRIC POWER (OVERHEAD LINES) RULES.N. 354/1962.

L.N. 365/19M.

1. These Rules may be cited as the Electric Power (Overhead Citation.

Lines) Rules.

2. In these Rules, unless the context otherwise requires—nterpretation.

"auxiliary conductor" means any overhead conductor other

than a line conductor;

"building" includes any verandah, canopy, sign or flagpole form-

ing a permanent feature of the building;

"electrical inspector" means a person appointed by the Minister

under section 79 of the Act;

"line conductor" means a conductor used for conveying a supply

of electrical energy and includes so much of any service line as may

be placed above ground and in the open air;

"overhead conductor" means any conductor of an overhead line

normally in tension and includes line conductors and auxiliary con-

ductors together with joints and jointing devices used therewith;

"overhead line" means any electric supply line which is placed

above ground and in the open air;

"support" means any structure used to support any overhead

line including stays, struts, and cross arms but not including conductor

attachments;

"telecommunications plant" means any line, apparatus, equip-

ment or thing used or intended to be used in connexion with the

transmission or reception of information by electrical means;

"voltage" means pressure as defined in the Act.

3. (I) These Rules shall apply to all overhead lines erected afterpplication.

the commencement of these Rules, but shall not apply to overhead

lines in existence at such date and which were constructed and are

being maintained in accordance with rules I5 to 25 inclusive of the

Electric Power Rules:upra.

Provided that any renewal of or addition to any overhead lines in

200

[Subsidiary]

CAP. 314 Electric PowerRev. 1986

existence at the date of the commencement of these Rules made after

that date shall be carried out in accordance with the provisions of

these Rules.

(2) The Minister may in his discretion exempt any overhead line

or lines from the provisions of this rule.

Other

statutory

Powers.

4. These Rules shall not prejudice in any way the powers con-

ferred by the Act on any public body or private individual in their

property or interests as a result of the erection of any overhead line



Material of

overhead

conductors.

Strength o f

overhead

conductors.

Construction

and minimum

size of overhead

conductors.

under these Rules.

5. Overhead conductors shall be of hard drawn copper,

aluminium, steel or a combination of these materials or such other

material or combination of materials as may be approved in writing

by an electrical inspector.

6. All overhead conductors at the time of erection shall comply

as regards elongation, breaking load and elasticity with the appro-

priate British Standard of the British Standards Institution of Great

Britain then in force, or in the absence of a British Standard shall be

subject to the approval in writing of an electrical inspector.

7. Unless otherwise approved in writing by an electrical inspector

overhead conductors shall be stranded and subject to the following

specifications—

(a ) in the case of an overhead line owned or operated by an

authorized distributor or a bulk supply licensee-

(i ) for the overhead conductors of service lines, the minimum

diameter of strand shall be 0.044 inches and the

minimum size of the conductor shall be such as to have

a cross sectional area of not less than 0.01 square

inches and an actual minimum breaking load of 370

pounds;

(ii) for all other overhead conductors, the minimum diameter

of strand shall be 0.064 inches and the minimum sizeof the conductor shall be such as to have a cross

sectional area of not less than 0.022 square inches and

an actual minimum breaking load of 560 pounds;

(b) in the case of an overhead line owned or operated by the

holder of an authorization in terms of section 4 of the

Act or being a part of a consumer's installation-

(i ) for overhead conductors suspended between a support

and a building, or between two buildings, the cross

sectional area of the conductor shall be not less than

0.0045 square inches provided that all overheadconductors other than those permanently connected

with earth shall be efficiently insulated and provided

further that the overhead line shall be situated entirely

within the close or curtilage of the premises of the

owner or operator thereof;

(ii) all other overhead conductors shall comply with the

requirements of paragraph (a).


[Subsidiary]

Factor ofsafety ofoverheadconductors .

8 . (1) The factor of safety of overhead conductors shall be not

less than three or such other factor of safety as may be approved in

writing by the Minister in any individual case.

(2) The factor of safety shal l be based upon the ul t imate s t rength

of the conductor, and shall be calculated on the assumption that theconductor is at a temperature of 30° F. and that it is simultaneouslysubjected to a horizonal wind pressure a t r ight angles to the cond uctorequivalent to 8 lb . per square foot on the who le of i t s projected area.

Protection of



9 . Such precautions as in any case may be necessary shall betaken to prevent damage to overhead conductors by resonant vibra-

t ion.

air shal l , unless otherwise app roved in w rit ing by the M in is ter in any

any point of the span measured at a temperature of 122° F. in still10 . The height from the ground of any overhead conductor at

particular case, be not less than—(a) for line conductors operating a t a nom inal voltage not exceed-

ing 11,000 vol ts and for auxi l iary conductors—eet

( i) across or along a street .....9(ii) in all other positions.-••7

(b ) for l ine conductors operat ing at a nominal vol tage exceeding11,00 0 vol ts in any posi t ion—

eet

(i ) fo r nom inal vo l tages no t exceed ing 66 ,000 vo l t s0(ii) for nominal vol tages exceeding 66,000 vo l ts butnot exceed ing 110,000 volts...1(iii) for nominal voltages exceeding 110,000 v olts butnot exceeding 165,000 volts...2t iv) for nom inal vol tages exceeding 165 ,000 vo l ts . .3

(c)(cr overhead conductors of service lines operating at low ormedium voltage—

feet

overheadconductorsagainst vibration.

Minimum heightof overheadconductors.

( i) in pos i t ions inacces s ib le t o veh icu lar t raf f ic over

pr ivate land . .....5(ii) in posi t ions inaccess ible to vehicular t raffic over

private land where an insulated conductor is

used......311 . (1) Line conductors shall be attached to supports by means

of insulators having electrical and mechanical characteristics whichat the time of erection meet the requirements of the appropriateBri t ish Standard of the B ri t ish Standards Inst itu t ion of Grea t Bri tain

then in force, having due regard to the atmospheric conditions towhich the insulators will normally be subject.

(2) Auxi l iary conductors shal l be at tached to suppo rts by mea nsof suitable purpose-made fittings, which may be insulators where

appropriate.

1 2 . (1) The insulators or fittings by which overhead conductorsare at tached to suppo rts shal l have a factor of safety of no t less than

2.5.

Attachment ofoverheadconductorsto supports.

Factor ofsafety ofoverheadconductorattachments.


[Subsidiary]

Materials and

construction

of supports.

(2) The factor of safety shall be based upon the ultimate strength

of the attachment mounted in its service condition, and shall takeaccount of unbalanced loading due to conductor terminations and

changes of direction and shall be calculated on the assumption that

the conductors are at a temperature of 30° F. and are simultaneously

subjected to a horizontal wind pressure at right angles to the

conductors equivalent to 8 lb. per square foot over the whole oftheir projected area.

13. (I) Overhead conductors shall be carried on supports ofwood, metal or reinforced concrete or a combination of these



Factor ofsafety ofsupports

materials, but wooden supports other than cedar shall not be regardedas complying with this rule unless such supports are, or have been

treated so as to have become, resistant to insect and fungus attackand to deterioration under local service conditions.

(2 ) The Minister may if he thinks fit require the production of

evidence to satisfy him as to the effectiveness of any process used inthe treatment of wooden supports.

(3 ) Special precautions shall be taken to prevent the corrosion ofmetal work above, at or below ground level.

(4 ) Reinforced concrete supports shall be manufactured andtested in accordance with British Standard No. 607 of the British

Standard Institution of Great Britain; and the manufacturer's certi-ficate relating to the supports and certifying that they have beenmanufactured and tested in accordance with British Standard No. 607

shall be preserved and shall be available for examination upon requestby an electrical inspector.

14. (1) The minimum factor of safety of supports shall be—(a ) 3.5 for wooden supports;

(b ) 2.5 for metal supports;

(c ) 2.5 for reinforced concrete supports covered by a manufac-

turer's certificate stating that the supports comply with the

requirements of British Standard No. 607 of the BritishStandards Institution.

(2) The calculation of the factor of safety of supports shall takeinto account the following—

(a ) for wooden supports only the dimensions of that part ofthe wood not normally subject to termite attack;

(b ) for all supports the ultimate strength of the support in the

manner in which it is normally loaded in service includingconductor terminations and changes in direction;

(c ) an assumption that all overhead conductors attached to thesupport are a t a temperature of 30° F. and are simu ltaneously

subjected to a horizontal wind pressure at right angles tothe conductors equivalent to 8 lb. per square foot over thewhole of their projected area; and

(d ) (i) for single poles, an assumption that the pole is simul-

taneously subjected to a horizontal wind pressure in the

same direction as that assumed for the conductors

equivalent to 8 lb. per square foot over the whole ofits projected area; or


[Subsidiary]

(ii) for compound or lattice poles, an assumption that thewindward side members are subject to a horizontal wind

pressure in the same direction as that assumed for the

conductors equivalent to 8 lb. per square foot over thewhole of their projected area and that the leeward side

members are simultaneously subject to one half of thatwind pressure over the whole of their projected area;

(e) the strength of the support in a direction transverse to

the direction of its service loading shall not be less than one

quarter of its strength in the direction of its service loading.



(3) The values to be assumed for strength of material in all the

above calculations shall be—

(a ) for metal, the appropriate Standard of the British Standards

Institution for the metal in use and for its manner of loading;

(b ) for timber, a modulus of rupture not exceeding that approved

in writing by the Minister in respect of the variety of timber

in use;

(c ) for reinforced concrete, the value proved by testing in

accordance with British Standard No. 607 of the British

Standards Institution.

15. (1) Supports shall be so erected as to withstand their normal

service loading without damage and without permanent movement

in the ground.

(2) Any stay which forms part of a support and which passes

over the carriageway of any road other than a private carriagewayshall be so erected as to have a minimum clearance of 19 feet from

the surface of the carriageway under all conditions of weather and

loading likely to be encountered:

Provided that in the case of a private carriageway the said

minimum clearance need not exceed fifteen feet.

16.(1) In the case of a support the main structure of which is

of metal, all metalwork of that support and all metalwork other thanconductors of any apparatus mounted thereon shall be efficiently

bonded and provided with efficient means of ensuring the immediate

and safe discharge of energy to earth in the event of any such metal-

work becoming electrically charged from any cause.

(2 ) In the case of a support the main structure of which is of

reinforced concrete. and which is part of an electric supply lineoperating at high or extra high voltage, all exposed metalworkforming part of that support and all metalwork other than conductors

of any apparatus mounted thereon shall be efficiently bonded and

provided with efficient means of ensuring the immediate and safedischarge of energy to earth in the event of any such metalwork

becoming electrically charged from any cause.

(3 ) In the case of a support the main structure of which is of

wood and upon which is mounted any apparatus which materially

impairs the impulse flashover value of the additional insulation pro-

vided by the wooden structure, all metalwork other than conductors

of such apparatus and all metalwork forming part of the support and

which is part of an electric supply line operated at high or extra high

Erection ofsupports

Earthing ofmetalwork of

supports.


(Subsidiary(

Unearthed

construction

voltage shall be efficiently bonded and provided with efficientmeans of ensuring the immediate and safe discharge of energy toearth in the event of any such metalwork becoming electricallycharged from any cause.

17 . (1) Except as may be required for compliance with rule 16

or 18 of these Rules and provided that the conditions of paragraph(2) of this rule are fulfilled, it shall not otherwise be necessary forcom pliance with these Ru les to earth any m etalwork forming part ofa support , nor any me talwork of insulators or conductor at tachmentsmou nted thereon, which is inaccess ible to any person without the use



Special

requirement

for apparatus

requiring

manual

operation.

Protection of

earth wires

on suppoi

Overhead lines

at different

voltage on the

same support

Overhead lines

crossing one

another.

of a ladder or other extraneous device.

(2) In any case in which a metal stay forms part of a support,t he m eta lwork o f w hich would no t bu t fo r the presence o f such s t aybe required by these Rules to be earthed, and in which an insulatorof a type approved in writing by the Minister and having a rating

appropriate to the nom inal operat ing vol tage of the l ine is inserted inthe stay as close as possible to the point of attachment of the stayto the main structure of the support and in any case at a height notless than ten feet from the ground, the stay shall be deemed to beinaccessible for the purpose of paragraph (1).

1 8 . In addi t ion to al l requirem ents elsewhere exp ressed in theseRules , any apparatus mo unted on a support of an overhead l ine shal lbe so placed as , or such precaut ions as may in any case be necessaryshall be taken, to protect from danger any person who may berequired to operate such apparatus, whether by mechanical linkage

or other means, from a platform, from a ladder or from the ground.1 9 . Any conduc to r which m ay be aff ixed to any suppor t fo r the

purpose of providing a connexion with ear th shall be guarded betweenground level and a point not less than eight feet above ground levelin such manner as effectively to prevent any person from makingelectr ical contact with i t and effectively to protect i t from mech anicaldamage.

20 . Wherever overhead l ines operat ing at d i fferent vol tages arecarried on the same support, the line operating at the lower voltageshall be placed below the line operating at the higher voltage, and

such precautions as in any case may be necessary shall be taken forthe avoidance of dang er ar ising out of one l ine becom ing accidentallycharged from the other:

Provided that in any case in which the support is specificallydesigned to provide adequate separat ion of the l ines in the h orizontalplane the lines may be attached to the support at a uniform height.

21 . (I) Wherever an ov erhead l ine crosses another overhead l ine,the l ine operat ing at the higher v ol tage shal l be placed above the l ineoperating at the lower voltage, and such precautions as in any case

may be necessary shall be taken for the avoidance of dangeraris ing out of one l ine becom ing accidentally charged from the other.(2) An overhead line shall not be placed below a radio aerial,

and the owner or user of a radio aerial which interferes with theerection of an overhead line by the operation of this rule shall berequired, upon being given not ice in wri t ing by the owner or operatorof an o verhead l ine, to remove such aerial wi thin a period of fourteendays of such notice and shall be reimbursed the reasonable cost ofsuch removal by the owner or operator of the overhead line.


22. Such precautions as in any case may be necessary shall betaken for the avoidance of danger arising from the breakage of or

leakage from any line conductor of any overhead line.

23. All l ine conductors other than those perm anent ly connectedrection of

overhead lines

with earth of overhe ad l ines shal l be so erected as to be inaccess ible

to any person w ithout the us e of a ladder or other extraneous dev ice

[SUbSidilteY]

Precautions for

the avoidance

of danger

arising from a

broken

conductor or

leakage.



and in p art icular—

(a ) no overhea d l ine operat ing at low or me dium v ol tage shal l beplaced within 7 feet of any part of a building unless all lineconductors not permanently connected with earth are effi-

ciently insulated;

(b ) al l overhead l ines operat ing at h igh or extra high v ol tage shal lbe p laced a t such m in imum d i s tance , which sha l l in no casebe less than 7 feet from all parts of all buildings, as may benecessary fo r the avo idance o f dang er hav ing due regard tothe operating voltage of the line and all other foreseeable

contingencies;

(c)all distributing mains shall, in addition to compliance with

paragraph (a), 'be so placed as to provide for the convenienceand economic provision of service lines.

24. (I) Where any electric supply line erected or placed by theowner or operator of such line is interfered with by a person otherthan the owner or operator , the owner or operator may take im med iatesteps to effect any modifications necessary to avoid danger causedby the interference and may recover from such other person thecosts of such modifications and for any loss, damage or penalty

caused by the said interference.

(2) Inthe event of any dispute or difference arising, the matter

shal l be determ ined on the appl icat ion of e i ther party by an e lect rical

inspector.25. Every overhead line shall be so located as to be as far as Location of

practicable immune from damage by vehicles which remain on theov

carriageway.

26. (1) In so far as i t is practicable , overhead l ines shall be placedon one side only of any street.

(2 ) In cases where it is considered necessary to construct over-head lines on both sides of a street, a copy the notice served on thestreet authority shall , a t the same t ime, be delivered to the Postm aster-

General .(3 ) W here e rec t ion o f any overhead l ines o r t e lecomm unica tion

plant necessitates the alteration of any existing telecommunicationplant or overhead line, the expense of such alteration shall be borneby the owner of the new overhead line or telecommunication plant.

27. (1) The connexion of service lines to overhead distributingmains shall be made only at supports of the distributing main, to

which the service line shall be attached by means ofsuitable

insulators.

Overhead lines

placed indefault byanother party.

Sharing of

availableroutes.

Erection o f

overhead service

lines.


[Subsidiary]

Erection of

service lead- in .

(2) At the consumer's premises an overhead service line shall beterminated on insulators fixed either to a support provided for the

purpose or to some suitable part of the consumer's premises which is

not accessible to any person without the use of a ladder or otherextraneous device.

28. The service line lead-in from the termination of the overheadportion to the consumer's supply terminals shall, unless otherwiseapproved in writing by the Minister, consist of either-

(a)insulated and sheathed cable of an approved type clippeddirect to the building;



Precautionsagainst

mechanicaldamage toconsumer'spremises .

Precautionsagainstlightning

damage.

Precautionsagainst firedamage toconsumer'spremises .

Anti-climbingdevices anddanger notices.

(b ) weather resisting cable of an approved type carried on cleats:(c ) insulated cable carried in heavy gauged screwed conduit:

(d ) paper or plastic insulated metal sheathed and armouredcable; or

(e) mineral insulated and metal sheathed cable.

29. In attaching an overhead service line to the premises of aconsumer, the owner of the overhead service line shall take dueaccount of any stress likely to he imposed upon the premises by the

overhead service line or its attachments, and shall take such pre-cautions as in any case may be necessary to ensure that no damage

shall he caused to the premises in consequence of the attachment ofthe overhead service line thereto.

30. Distributing mains in areas prone to abnormal danger fromlightning shall be fitted with efficient devices at such point or points

as may be necessary to prevent as far as is practicable ihe conveyanceof disturbances induced or created by lightning into the premises ofconsumers.

31. in the placing of any works upon the premises of any con-sumer, all due precautions shall be taken for the avoidance of risk

of causing fire upon these premises, and in particular every service

line shall be so placed or so protected at the point of entry to andwithin the building as to be so far as is practicable immune frommechanical damage.

32. Every support of an overhead line which is readily climb-able and which stands in a place to which the public are entitled to

have access shall be fitted with an efficient device to deter persons

from c limbing the support without the use of a ladder or otherextraneous device, and in the case of lines operating at high orextra high voltage shall have permanently affixed to it a notice ofsuch size as to be readily visible and bearing a legend or symboldesigned to convey to an illiterate person that danger attaches tointerference with the support.

33. Subject to rule 3, all overhead lines including alit apparatus

belonging to or connected therewith shall he recrularly inspected' and

efficiently maintained in accordance with these Rules.

34. In addition to the imposition of any penalty under rule 37,the Minister may—

(a) prohibit the use of any overhead line if in the opinion of the

Minister its use is attended with danger or if it fails tocomply in any material respect with the requirements of

these Rules, and may continue such prohibition until thematter complained of has been rectified: or

Maintenance of

overhead lines.

Prohibition ofuse of unsafeworks .


[Subsidiary]

(b ) order the removal of the overhead line.

35. (I) Any overhead l ine which has fal len into disuse other thanfor a temporary short period shall be removed by the owner thereof,

and in the event of the owner failing to remove it within a period of

sixty days of i ts fa l l ing into disuse the M inister may order i ts remov al.

(2) Before m aking an order for the rem oval of a disused l ine, theMinister shall give notice to the owner of his intention to make such

order, and, if good cause is not shown why he should not make such

order within thi r ty days of such no t ice being given, the Minis ter mayorder its removal and recover the cost of such removal from the

Removal ofdisused works.



owner as a civil debt.

36 . Nothing in these R ules shal l prevent the joint use of supportsfor the purposes of telecommunication and electric power lines andfor installation for the purpose of providing street lighting.

37 . (1) Subject to rule 4, any person who contravenes any of

rules3 to 36 inclusive), or who fails to comply with any prohibition

or order of the Minis ter made un der any of rules 3, 8 , 13, 14, 17, 28,34 and 35, shall be guilty of an offence and liable to a fine not

exceeding one thousand shil lings.(2) Any person who continues to use any overhead line the use

of which has been prohibited under rule 34, or fails to remove anyoverhead line the removal of which has been ordered under rule 35,shall be guilty of an offence and liable to a fine not exceeding one

thousand shillings.

THE ELECTRIC POWER (PRIVATE GENERATING PLANTS

AND SECONDARY BATTERY INSTALLATIONS) RULES

1. These Rules may be cited as the Electric Power (Private

Generat ing Plants and Secondary B at tery Instal lat ions) Rules .

2 . These Rules shall apply to private generating plants and

secondary battery installations used in private homes, farms, officebuildings, hospitals, hotels, lodges, places of public entertainment,

schools and colleges and factories as the main source of electricenergy or as stand-by source to be used during the failure of electric

supply by an authorized distr ibutor .

3. (1) The room in which a private generating plant is installed

shall be—

(a ) of such a size that the nlant can be easily and adequately

maintained;

(b ) adequately ventilated;

(c)provided with exhaust nines or ducts to discharge all exhaustfumes from the prime mover to the outside of the building

and away from the freshair in let of the bui lding.

(2) The room in which a private generat ing plant i s ins tal led shal lbe adequately illuminated by artificial means, in addition to anynatural lighting, and discharge lighting shall not be used in anyposi t ion in which i t m ight cause rotat ing m achinery to appear s tation-

ary.

Savings.

PenaInes.

L.N. 31/1982,

Citation.

Application.

InstaBeaton ofa privategenerating plant.

208

AP. 314

lectric PowerRev. 1986[Subsidiary]

Installationof secondarybatteries.

(3 ) Where a prime mover is arranged for automatic starting orfor s tarting by rem ote control means shal l be provided on or near theprime mover to put such automatic or remote control out of actionand the ov err iding control shall be clear ly m arked with br ief operatinginstructions.

4. (1) Every secondary bat tery shal l be so arranged that each uni tis accessible from the top and from at least one s ide.

(2 ) Each unit of a secondary battery having a nominal workingvoltage of 60 volts or more shall be supported on insulators whichmay form an integral part of the container and, in addition, the



Switchgearand protectiveapparatus forgenerators .

s tands shal l be insulated wh ere a bat tery has a nom inal working vol t -age exceeding 120 volts .

(3 ) Connecting bolts for batteries, unless of suitable corrosionresistance, shall be kept coated with petroleum jelly.

(4 ) Celluloid shall not be used in the co nstruction of non-portablesecondary batteries.

(5 ) Where celluloid is used in the construction of portablesecondary batteries, the charging arrangements shall be such that ifthe containers become igited, the risks of the fire spreading shall beminimized.

(6 ) Rooms containing secondary batteries shall be adequatelyventilated, and where sulphuric acid is used as the electrolyte, allfittings shall be of suitable corrosion resistan t material or shall have anacid-resisting finish.

5. (1) Every main switchboard controlling the supply from aprivate generating plant shall be fitted, as a minimum, with theswitchgear and protective apparatus set out in the following Table Iin accordance with the system of distribution.

TABLE I

Supply controls and protective apparatus for use with private generating plant and

secondary battery installation

System of supplyNumber of poles to beosit ion of operating

broken by circuit-breaker coil of overload circuit-of any type or s w i t c hreaker or fuse

2-wire, permanently and n non-ear thed conductor .ffectively earthed on onepole.2-wire, not perman ently andeffectively earthed on

ei ther pole.In each conductor.

Rev. 19861 Electric Power

TABLE i—(Continued)

CAP. 314 20 9

[Subsidiary]

Num ber of poles to beosition of operating

System of supplyroken by circuit-breaker Ioi lbr e

ofa k e

o v e r lorofuse

ad circuit-

of any type or switch 2-wire, neither pole earthed- In each conductor.

but system earthed, e.g.at mid-point.

3-wire, d.c. or s ingle phase 3 or 2 provided o ne pole 1 In each outer conduc tor.

a.c.roken in each outer



conductor.

In non-ear thed conductorof at least two phasesfor circuit-breaker orach phase for fuses.

3-wire, 3 phase a.c. 3

4 or 3 provided one polen each phase conductor.broken is in each phaseconductor.

4-wire, 3 phase a.c

(2) Where two or more d.c. generators are to be operated inparallel, the following additional protective apparatus shall be

provided—

(a ) in atwo-wire system a reverse-current t r ip shal l be connected

in series with the live conductor of each generator;

(b ) in a three-wire system a reverse-current t r im Sh al l be con-

nected in series with the outer of each generator,

(c ) where compound generators are to be used an equalizerconnection shall be provided and the connection to theequalizer bulbar shall be made by a single-pole switch foreach generator, and the switches shall be so arranged thatt hey m us t c lose befo re the m ain swi tch i s c losed and canno tbe opened unti l the m ain switch is opened.

(3) A multipole linked switch may be used provided that it is soconnected that the correct sequence of operations takes place.

(4) The operating coil of any circuit-breaker shall be connectedon the pole o ther than that to which the equal izer connect ion is m ade.

(5) Whe re a d.c . generator i s connected in paral lel wi th a second-

ary battery—

(a ) a reverse current tr ip shall be conn ected between the gen erator

and the battery and in addition a doable-pole linked switchshall be provided to isolate the battery from the generator

and the load;

(b ) the reverse current trip may be in the form of a "cut-out":

and

(c ) the bat tery shal l be protected from excess ive charging o r dis-

charging current by means of a fuse or a circult-breaker

fitted with an over-load trip.

21 0AP. 314lectric PowerRev. 1986[Subddiary l

Instrtunetetsfor generatorswitchboard.

(6) Where a d.c. 3-wire system is used the circuit shall be soarranged that the balancer cannot be disconnected from the systemwhile the outer conductors remain live.

6. (1) Every main switchboard controlling the supply fromprivate generat ing p lant shal l be fi t ted, as a minimu m, with the ins t ru-m ents specified in the following Tab le 2 for the system of distr ibutionused, together with the instruments specified in paragraphs 2 and 3as appropriate.

TABLE 2



Instruments required for the main switchboard of a private genera ing plant

Type of distribution system

3 wire (singe phase a.c. ord.c.)

3 phase

One ammeter connectedto measure the cur -rent in each outer;two voltmeters, oneconnec ted betweeneach outer and theneutral.

One ammeter connectedto measure the cur -rent in each phase,and one voltmeterconnected to measureline voltage or phasevoltage, as deter-

mined by the functi-on of the generator.

More than one genera-tor but not arranged for

parallel operation

One amm eter for eachgenerator, and onevoltmeter connectedto measure the vol-t age of any genera-tor.

One amm eter for eachgenerator connectedto measure the cur -rent in each outer;two voltmeters, oneconnec ted between

each outer and theneutral of the bus-bars.

One amm eter for eachgenerator, connectedto measure the cur -rent in any phaseone voltmeter con-nected to measure

the line or phase volt-age fo any generator.

More than one generatorarranged for parallel

operation

One amm eter fo r eachgenerator, one volt-meter, connected tothe busbars and onevoltmeter connectedto measure the v ol t -age of any generator.

One ammeter for eachgenerator, connectedto measure the cur-rent in each outerand four voltmeters;two voltmeters to be

connected to the bus-bars, and two con-nected to measurethe voltage of anygenerator, the volt-meters being con-nected between the

outers and the neutral.

One amm eter fo r eachgenerator, connectedto measure the cur-rent in any phase;two voltmeters, oneconnected to the bus-

bars and one con-nected to measurethe voltage of anygenerator; both volt-meters to measure lineor phase voltage.

One generator only

2 wire (a.c. or d.c.)ne ammeter and onevoltmeter.

Note: 1. Where an instrument is required to make m ore 'than onemeasurement, it is intended that a suitable multi-wayswitch or plug together with suitable shunts or instru-ment transformers, if required, should be used.

Note:

2. Where compound generators are to he operated inparallel, the ammeter should be connected in the poleother than that to which the equalizer connection ismade.

(2) In any a .c. system with m ore than one a .c. generator insta l led,a frequency indicator shal l be provided for each generator but wh eretwo or m ore a.c . generators are to be operated in paral lel , a synchro-nizing device shall be provided.

CAP. 31411

Rev. 19861lectric Power[Subsidiary)

(3) For a d.c. generator connected in paralled with a secondary

battery one ammeter shall be connected to measure the current sup-plied by the generator, and one ammeter with a suitably displacedzero, shall be connected to measure the charging or dischargingcurrent of the battery and voltmeter specified in Table 2 shall bearranged so that the voltage of the generator or the battery can

be measured independently.7. Every m ain switchboard controll ing the supply from a second- Switchgear and

ary bat tery ins tal lat ion shal l be fi t ted, as a m inimum , with the fol low-protective

apparatus for

ing switchgear and protective apparatus—econdary



(a) a double-pole linked switch or circuit-breaker forisolating battery

anstalletkons.

the battery from the load or from the charging circuit or

from bo th load and charging circuit ;

(b )where

the charging circuit is arranged to share the load with

the battery a double-pole linked switch or c i rcui t -breakershal l be fi t ted to isolate the charging ci rcui t from the battery

and the load;

(c ) a suitable fuse or a circuit-breaker fit ted with an overload trip,to protect the battery from excess charging or discharging

current;(d ) a sui table fuse or a c i rcui t -breaker fi t ted with an o verload t r ip

to protect thecharging circuit from excess charging current;

an d

(e ) except 'where a rectifier circuit, which will not

DetIllit th e

reversal of current, is used, a reverse current trio shall beconnected between the charging circuit and the battery and

m ay take the form o f a "cut-out".8. (1) Every main switchboard controlling the supply from a Instrum ents

secondary battery installation shall, as a minimum, be fitted with one for battery

ammeter witha suitably displaced zero, connected to measure the

installations.

charging or discharging current of the bat tery.

(2 ) A voltmeter, fitted with a switch to avoid continuous dis-charge, shal l be connected to read the terminal vol tage of the bat tery.

(3 ) Where the charging circuit is not fitted with a "cut-out" thevol tmeter shal l be arranged to read the vo l tage of the charging ci rcui tindependen t ly from that of the bat tery and where the cha rging ci rcui tis arranged to share the load with battery, an ammeter shall beprovided to measure the current output for the charging circuit.

9. Machinery, switchgear and instruments used with privateMarking of

generating plant or a secondary battery installation shall be clearlymachinerYiswitchgear and

marked to indicate their function and ra ting.nstrumeMs.

10. Where private generating plants or secondary batteries are Additio n a l

installed in building separated from and not at all times readily

switchgear for

accessible from the building to which the supply is given, additional iscaa tedbuildings.

switches or c i rcui t-breakers capable of com pletely disconnect ing thesupply to the building shall be installed in the building receiving the

supply.11. (1) Fire-extinguishing equipment adequate in quantity and

Pim-

suitable in type, shall be provided in each room in which a privateP recaulimis i

generating plant is installed, and, as necessary, in switchrooms and

t ransformer chambers.

21 2

AP. 314

lectric PowerRev. 1986[Subsidiary]

(2) Fire-extinguishing liquids for use on live electrical equipment,when not used in the form of spray, shall be electrically non-conduct-ing.

(3) Automatically-operated five-extinguishing equipment shall beprovided with over-riding hand control installed in a conspicuous

position and clearly marked with brief operating instructions.

(4 ) At least half of the total discharge capacity of any portablef i re-ext inguishing equipm ent shal l be kept outside, but close to, thedoor of room in which the apparatus is ins ta l led.



L.N. 368/1961,HE ELECTRIC POWER (ELECTRICITY LICENSING BOARD).N. 76/1980.

ORDER

I. This Order may be cited as the Electric Power (ElectricityLicensing Board) Order.

2. Pursuant to section 151 of the Act, there is hereby establisheda Board, to be known and hereinafter referred to as the ElectricityLicensing Board.

3. The Electricity Licensing Board shall consist of —(a ) a person to be -nominated by the Minister, who shall be the

ohai rman;

1,10a person to be nominated by the Kenya Power and LightingCompany Limited;

(c ) the person for the time being holding the appointment ofChief Electrical Engineer. Ministry of Works, or a personnominated by him;

(d) two persons representing trade interests to be nominated bythe Minister.

(5 ) Where liquid or gaseous fuel is supplied to the prime moverof a private generating plant from a source outside the room in which

the plant is installed, a quick-acting valve shall be provided, operated

from a point near the door of the room, capable of cutting off the

fuel supply and the valve shall be installed in a conspicuous positionand shall be clearly marked with operating instructions.

(6) Provision shall be made to trap and drain away any fuelwhich may leak from any part of prime mover of a private generat-

ing plant and such fuel shall be prevented from entering any sewer.

Order under section 151

le) a person to be nominated by the Minister, to represent the

Government department for the time being responsible forcoordinating the training and testing of craftsmen.

4. (1) The chairman shall preside at all meetings of the ElectricityLicensing Board at which he is present.

(2) If the chairman is absent from any meeting, the ElectricityLicensing Board shall elect one of their number to act as chairman atthat meeting.


[Subsidiaryl

5. (I) The Electricity Licensing Board shall meet at such times

as may be necessary or expedient for the transaction of the business

of the Electricity Licensing Board, and such meetings shall be held at

such place and time and on such days as the Electricity Licensing

Board m ay de te rmine :

Provided that a t least two m eetings shall be held in every calendar

year.

(2 ) A quorum of the Electricity Licensing Board shall be three.

(3 ) The decis ion of the E lectr ic i ty Licensing Board sh al l be by a



majority of votes: but if the votes are equal the chairman of the

meeting shall have a second or casting vote.

(4 ) The powers of the Electricity Licensing Board shall not be

affected by any vacancy in the membership thereof, nor by the fact

that it is afterwards discovered that there was some defect in theappointment or qualif ications of a person appointed to be or purporting

to be a member of the Electricity Licensing Board.

(5 ) Subject to the Act, the Electricity Licensing Board shall have

power to regulate its own proceedings.

(6 ) All l icences and other documents issued by the Electricity

Licensing Board shall be signified by the chairman or by some other

person duly authorized thereunto by the Electricity Licensing Board.

(7 ) No member of the Electricity Licensing Board shall be per-

sonally liable for any act or default done or omitted to be done ingood faith in the course of the operations of the Electricity Licensing

Board under the Act.



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Electric Power Act Cap 314

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Transcript of Electric Power Act Cap 314