The Energy Tribunal in Kenya was established by the Energy Act No 12 of 2006 to hear and determine appeals brought against the decisions of the Energy Regulatory Commission.
Previously, if one was not happy with the decision of the regulator, they could appeal to the minister. The tribunal published the Energy Tribunal (Procedure) Rules, 2008, on September 26, 2008.
Anyone who is aggrieved by the decision of the regulator can appeal to, and be heard by the tribunal. An appeal must be made within 30 days of the decision by the ERC.
The ERC is required by law to publish its decisions in the Kenya Gazette so that everyone including those Who were not party to the matter which is the subject of the decision, may know about it. The appeal is ﬁled by presenting a statement of appeal at the tribunal registry.