Parliamentary Immunity?

The Kenyan National Assembly has controversially voted to shield former high-ranking energy sector officials from investigation, sparking accusations of undermining accountability in the fight against corruption. In a heated session on Monday, 24 November 2025, Members of Parliament amended a comprehensive report by the National Assembly's Departmental Committee on Energy, deleting specific recommendations to have the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) probe the officials' conduct.

The original report, the culmination of an 18-month inquiry into the causes of Kenya's persistently high electricity prices, had called for forensic audits into several state officials and private companies. Among those named for investigation were former Principal Secretaries Patrick Nyoike and Eng. Dr. Joseph Njoroge, who also served as Managing Director of Kenya Power (KPLC) from 2007 to 2013. The committee's findings pointed to systemic failures, opaque dealings, and potentially fraudulent agreements with Independent Power Producers (IPPs) that have burdened Kenyan households and businesses with some of the highest electricity tariffs in Africa.

The Heart of the Matter: Costly Power Deals

The parliamentary committee's investigation zeroed in on the nature of Power Purchase Agreements (PPAs) between Kenya Power and various IPPs. A key concern was the approval process and terms of these contracts, particularly the deal with Lake Turkana Wind Power (LTWP), Africa's largest wind farm. The report alleged that the PPA was approved with unusual haste and without a competitive bidding process, violating public procurement laws.

Furthermore, the inquiry highlighted the damaging financial impact of "take-or-pay" clauses embedded in most PPA contracts. These clauses obligate Kenya Power to pay IPPs for a predetermined amount of electricity, whether it is used or not. An analysis revealed that in the 2021/22 financial year, a staggering 87% of the KSh 56.27 billion paid to IPPs was for fixed capacity charges, not for consumed energy. This means Kenyans are paying billions for idle power capacity. The Auditor-General previously noted that the cost of buying power from IPPs averages KSh 15.3 per kilowatt-hour (kWh), nearly triple the KSh 5.3 per kWh from the state-owned Kenya Electricity Generating Company (KenGen).

A Mandate for Investigation Overturned

The Energy Committee, chaired by Vincent Musyoka, had explicitly directed the EACC and DCI to investigate the roles of Njoroge and Nyoike in facilitating the contentious LTWP agreement and to scrutinize other officials involved. The aim was to establish if there was evidence of fraud, collusion, or corruption that led to skewed contracts exposing taxpayers to undue financial risk.

However, the motion to amend the report and remove these investigative clauses passed on the floor of the House, effectively granting the former officials a reprieve. The debate leading to the vote saw a sharp divide, with some MPs arguing for the need to hold powerful figures accountable for decisions that have had severe economic consequences for the nation. Proponents of the amendment, however, raised concerns about the legal implications and the potential for witch-hunts, ultimately succeeding in watering down the report's enforcement mechanisms.

Implications for Kenya's Economy and Governance

This parliamentary decision deals a significant blow to efforts aimed at reforming the energy sector and curbing the high cost of living. The Kenya Association of Manufacturers (KAM) has repeatedly told parliamentary committees that exorbitant power costs make Kenyan goods uncompetitive regionally. For ordinary citizens and small businesses, high tariffs strain budgets and stifle growth.

The move also raises critical questions about Parliament's oversight role. By rejecting the recommendations of its own specialized committee, the National Assembly appears to be contradicting its mandate to safeguard public resources. This action could embolden corrupt networks within state-owned enterprises and deter future whistleblowers. As Kenya continues to grapple with a KSh 51 billion working capital deficit at KPLC as of 2023 and billions in foreign exchange losses on dollar-denominated loans and PPAs, the failure to pursue accountability at the highest levels signals a continued struggle in the nation's fight against graft.