EPRA (Energy and Petroleum Regulatory Authority) replaced the former Energy Regulatory Commission (ERC) when Kenya’s Energy Act 2019 came into force. The Act consolidated oversight of all energy sub-sectors — oil and gas, electricity, renewable energy, and energy efficiency — under EPRA’s mandate. For solar developers, the most consequential change under the 2019 Act was the clarification of the generation licence framework: commercial generation and third-party supply require an EPRA licence; self-generation on own premises below 1 MW does not. Getting this classification right determines whether your project requires 4–8 months of EPRA licensing before commissioning or can proceed directly to KPLC interconnection approval.
This guide covers the EPRA licensing framework as it applies to solar projects in 2026: the exemption test, the licence application process, NEMA interaction, and the timeline from application to operational approval.
Selling Power to Third Parties Without a Licence Violates the Energy Act 2019
Supply of electricity to any party other than the generator operating at the same premises constitutes commercial electricity supply under the Energy Act 2019. This requires an EPRA generation licence — and potentially a distribution licence — regardless of the system’s capacity. Developers designing private wire schemes or tenant supply arrangements must obtain EPRA guidance before commissioning. Unlicensed commercial supply can result in forced disconnection and penalties.
The Energy Act 2019 Framework
The Energy Act 2019 is Kenya’s primary energy sector legislation. Key provisions relevant to solar developers:
Section 36 — Generation Licence: Any person who generates electricity for commercial purposes must hold a generation licence issued by EPRA. “Commercial purposes” includes supply to the national grid, supply to third parties, and generation for sale under a Power Purchase Agreement.
Section 37 — Licence Exemption: EPRA is empowered to exempt certain categories of generation from the licence requirement. Self-generation on own premises for own use is the primary category of exemption that applies to C&I solar projects.
Section 175 — Solar PV Regulations: The Act provides for the making of subsidiary regulations specifically governing solar PV systems. The Energy (Solar Photovoltaic Systems) Regulations 2012, made under the predecessor legislation, remain in force under transitional provisions.
What “Own Premises, Own Use” Means
The self-generation exemption applies when:
- Same premises: The solar array and the consumption point are at the same physical location — same land parcel, same building, or the same contiguous site
- Own use: The electricity is consumed by the entity that installed the solar system, not by tenants, customers, or third parties who pay for the electricity they receive
- Below 1 MW: Total installed capacity does not exceed 1 MW at the site
The ownership of the building is not the determining factor — a company that leases a building and installs rooftop solar for its own operations qualifies for the exemption. A landlord who installs solar and charges tenants for the electricity does not qualify.
The EPRA Generation Licence Application
Who Needs to Apply
| Project Type | EPRA Licence Required? |
|---|---|
| Rooftop solar below 1 MW, own premises, own use | No |
| Ground-mounted solar below 1 MW, own premises, own use | No |
| Any solar above 1 MW | Yes |
| Solar exporting to KPLC grid under a PPA | Yes |
| Private wire supply to tenants or third parties | Yes (seek EPRA guidance) |
| Off-grid mini-grid supplying third-party customers | Yes (EPRA authorisation) |
| Solar home system, single household | No |
Required Documentation
Complete the EPRA licence application form
Download the current application form from epra.go.ke. Complete all sections: applicant details, project description, site location, proposed capacity, technology, generation timeline, and grid connection details. EPRA updates its forms periodically — always use the current version from the website, not a previous version obtained from a third party.
Assemble company and land documents
Submit: Certificate of Incorporation from the Registrar of Companies; Memorandum and Articles of Association; current CR12 form (list of directors); tax compliance certificate from KRA; proof of site control (title deed, lease agreement, or letter of intent to lease). All documents must be current — EPRA will reject an application with expired tax compliance certificates.
Prepare technical documentation
The technical package must include: project description (technology, capacity, site plan, interconnection point); single-line diagram; energy yield calculation showing expected annual generation (kWh/year); technology specification sheets for major equipment (PV modules, inverters); proposed commissioning timeline; and operation and maintenance plan. For projects above 5 MW, a detailed grid connection study may also be required.
Submit financial model
EPRA requires a project financial model covering: capital expenditure breakdown, revenue projections (based on the proposed PPA or FiT rate), operating costs, financing structure (debt and equity proportions), and projected return on investment. The model should demonstrate the project’s financial viability over the licence period — typically 20 years for utility-scale solar.
Obtain NEMA clearance (where required)
For projects requiring an Environmental Impact Assessment, the NEMA EIA licence must be in hand or the EIA process must be actively in progress before EPRA will process the licence application. Engage a NEMA-registered environmental consultant at the start of project development — do not leave the EIA until after the EPRA application is submitted, as this creates a sequential dependency that extends the overall timeline by 3–6 months.
EPRA Review Process and Timeline
| Stage | Estimated Duration |
|---|---|
| Pre-application consultation with EPRA | 2–4 weeks |
| Document preparation and EIA (if required) | 3–6 months |
| EPRA application submission | Day 1 |
| EPRA completeness check | 2–3 weeks |
| EPRA technical review | 60–75 days |
| Public notice period (for larger projects) | 30 days |
| EPRA determination and licence issuance | 90 days statutory / 4–8 months typical |
What Happens During the Review
EPRA’s licensing team reviews:
- Technical viability of the proposed project
- Financial viability and funding plan
- Environmental clearance compliance
- Land tenure security
- The applicant’s technical and financial capacity to execute and operate the project
- Grid capacity at the proposed interconnection point (in coordination with KPLC)
EPRA may issue a Request for Additional Information (RAI) during the review. Responding to RAIs promptly is the single most effective way to keep the review on track.
KPLC Interaction for Licensed Projects
For projects with an EPRA generation licence intending to sell power to the national grid, KPLC is the off-taker. The KPLC interaction involves:
Grid capacity study: KPLC’s generation and interconnection department conducts a load flow analysis to confirm the proposed interconnection point can accommodate the additional generation. This study takes 4–8 weeks and is a prerequisite for PPA terms to be finalised.
Power Purchase Agreement: KPLC and the developer negotiate the PPA terms: tariff rate (based on EPRA’s Feed-in Tariff or the outcome of a competitive tender), connection point, metering configuration, dispatch arrangements, and force majeure provisions.
Interconnection agreement: A separate interconnection agreement governs the technical aspects of the grid connection — protection relay settings, metering at the point of common coupling, and KPLC’s right to inspect the installation.
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Common Application Mistakes
| Mistake | Consequence | Fix |
|---|---|---|
| Starting NEMA EIA after EPRA submission | Adds 3–6 months to overall timeline | Run NEMA EIA and EPRA licence applications concurrently |
| Submitting outdated company documents | Application returned as incomplete | Check all document dates before submission; update KRA tax compliance certificate |
| No KPLC grid capacity study | PPA stalls after EPRA approval | Engage KPLC concurrently with EPRA; request grid study early |
| Financial model doesn’t cover 20-year project life | EPRA requests revised model | Build the financial model for the full licence period from the start |
| Missing RAI response deadline | Review clock pauses; overall timeline extends | Assign a dedicated team member to monitor EPRA communications and respond within 21 days |
Related Kenya Compliance Guides
- Kenya Solar Regulations Overview — full country compliance stack
- KPLC Net Metering Kenya — net metering for systems below 1 MW
- C&I Solar Kenya — self-generation for commercial customers
- Nairobi Solar Guide — city-level permits and requirements
For projects below 1 MW that qualify for the self-generation exemption, use solar design software that produces the single-line diagrams and system specifications needed for KPLC interconnection approval — you can skip the EPRA application entirely.
Frequently Asked Questions
Does EPRA have a simplified fast-track process for smaller licensed projects? EPRA has acknowledged the need for a more streamlined process for projects in the 1–5 MW range. As of 2026, there is no formally distinct fast-track process — all generation licence applications go through the same review pathway. Developers of smaller licensed projects (1–5 MW) should engage EPRA’s pre-application consultation to identify which requirements can be simplified based on project scale.
Can a foreign company apply for an EPRA generation licence in Kenya? Yes. EPRA accepts applications from foreign companies, but the applying entity must be registered in Kenya (a Kenyan subsidiary or branch of the foreign entity registered with the Registrar of Companies). A foreign parent company’s registration alone is not sufficient — the project entity must have a Kenya company registration. Foreign developers typically establish a Special Purpose Vehicle (SPV) registered in Kenya for the licence application.
What is the annual EPRA licence fee? Annual licence fees are set by EPRA regulation and are based on the licensed generation capacity. Fees are updated periodically through subsidiary legislation. Contact EPRA directly or check epra.go.ke for the current fee schedule, as fees are subject to revision and the schedule changes more frequently than the primary legislation.
Can a licence-exempt C&I solar project later be converted to a licensed project (e.g., to add grid export)? Yes. A project that starts as exempt self-generation (below 1 MW, own use) can subsequently apply for an EPRA generation licence if the developer wishes to expand capacity above 1 MW or add commercial grid export capability. The licence application follows the same process as a new licence application. The existing installation documentation and KEBS compliance records will be required as part of the application.
