Sunset over the Nyambene Hills. The name Nyambene comes from the Meru Igembe dialect word for the brave, nyamba. In Gikuyu it would be njamba, and in Meru's Imenti dialects it would be nchamba, so the mountains of the brave.
📍 Meru National Park, Kenya.
Trust Administration Bill
The Bill represents a significant milestone in the transformation of Kenya’s trust administration framework. For decades, dating back to the colonial era, the mandate for the administration and incorporation of trusts has largely rested with the Ministry of Lands. The recent transfer of the trust incorporation function to BRS marks a fundamental shift towards a more modern, integrated and transparent regulatory framework.
At its core, the Bill seeks to strengthen the governance, transparency and accountability of trusts, particularly through enhanced disclosure of ultimate beneficial ownership. This is critical to ensuring that Kenya’s trust sector meets international standards on transparency and combats the misuse of legal structures for illicit financial flows and other financial crimes.
The Bill is also an important component of Kenya’s broader reforms to address the recommendations of the Financial Action Task Force (FATF). Strengthening the legal and institutional framework for trust administration will contribute to Kenya’s efforts to meet international standards and support the country’s exit from the FATF grey list.
Starting a logistics company in Kenya has taught me that people will forgive a business for being expensivep but
they'll rarely forgive you for being unreliable. We continue learning.
🚨 For the first time, large consumers in Kenya can bypass Kenya Power and buy electricity directly from independent producers. It is a landmark liberalisation, but beneath the commercial excitement sits a constitutional question few are asking: who is left to carry the grid when the biggest customers walk away?
The reform comes through the Energy (Electricity Market, Bulk Supply and Open Access) Regulations, 2026 (Legal Notice No. 79 of 2026). They end Kenya Power’s monopoly as the sole buyer and seller of bulk electricity, allowing consumers with at least 1 MVA of load on the distribution system, or 10 MVA on transmission, to contract directly with generators on one-to-ten-year terms, paying a “wheeling charge” for using the grid, with EPRA approving the pricing.
The commercial logic is welcome: competition, choice, and potentially cheaper, cleaner power for industry. But the legal tensions deserve as much attention as the opportunity.
The first is an equity question. Electricity is not an ordinary commodity; access to it underpins the dignity and development the Constitution values, and Article 27’s equality guarantee, read with the broader promise of shared national resources, assumes a system that serves everyone. Open Access, by design, benefits only the largest consumers, those who can meet the 1 MVA and 10 MVA thresholds. When big industrial users negotiate private deals and effectively leave the pooled system, the fixed cost of maintaining the national grid, the poles, lines and rural connections, falls on a smaller base of remaining customers: households, small businesses and the very consumers least able to absorb higher tariffs. Liberalisation for the few can quietly raise costs for the many, and that is a distributional and equality concern the regulator must actively manage, not assume away.
The second is the question of who guarantees supply. Kenya Power has long carried a universal-service obligation, the duty to connect and serve even unprofitable areas. As the market fragments and generators contract selectively with lucrative clients, that public-interest obligation must be deliberately preserved and funded, or it erodes. A market that serves the profitable and neglects the rest is not what constitutional access to a public good contemplates.
The third is regulatory and public-participation rigour. Since these regulations reshape a public good, EPRA’s approval of pricing and wheeling charges must itself meet the standards of fair administrative action under Article 47, transparent, reasoned and non-discriminatory, and the broader policy direction, now before Parliament as Sessional Paper No. 5 of 2026, must satisfy the Article 10 requirement of genuine public participation before it hardens.
The takeaway for businesses is to seize the opportunity Open Access offers, and contract early. But the takeaway for policymakers, and for all of us, is subtler: a liberalised electricity market is lawful and desirable only if it is structured so that opening the door for large consumers does not close it, or raise the price of entry, for everyone else. Efficiency and equity must be engineered to coexist.
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