How Africa’s New Energy Laws Are Shaping the Transition

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Introduction 

Across Africa, countries are rewriting their laws to prepare for a cleaner energy future. Governments are beginning to look beyond oil and coal toward solar, wind, geothermal, and even hydrogen. The move is driven by the need to meet climate goals, attract green investment, and improve energy access.

This shift is not just about technology. It is also about law. Legal reforms are now setting the direction for how African nations will manage energy resources, environmental protection, and sustainable growth. Over the past few years, several countries have introduced important laws and policies that show how seriously the continent is taking the energy transition.

Kenya’s Energy Act 2019

Kenya’s Energy Act of 2019 marked a turning point. It was signed into law on 12 March 2019 and came into force on 28 March the same year. The law brought together all energy matters under one framework. It combined electricity, petroleum, and renewable energy into one system that could be managed and regulated more efficiently.

The Act created a clear institutional structure for regulation, including the Energy and Petroleum Regulatory Authority and the Rural Electrification and Renewable Energy Corporation. It also directed the country to promote renewable energy sources such as solar, wind, biomass, and geothermal power. Kenya has since become one of the leading producers of geothermal energy in Africa, with projects in Olkaria and Menengai contributing significantly to national electricity generation.

The Act also required counties to plan their own energy needs. This gave local governments power to develop smaller, off-grid renewable projects to serve rural areas. In effect, the law connected energy access with environmental sustainability, which is a core part of Kenya’s Vision 2030 and its commitments under the Paris Climate Agreement.

Nigeria’s Electricity Act 2023

Nigeria followed a similar path with the Electricity Act of 2023, which repealed the Electric Power Sector Reform Act of 2005. The new law, signed in June 2023, gives states the power to regulate electricity generation, transmission, and distribution within their territories. This marked a major shift from central control to state participation.

The law also encourages renewable energy generation and provides incentives for investment in solar and wind projects. For the first time, it integrates renewables into the national energy mix and calls for an Integrated Electricity Policy and Strategic Implementation Plan. This plan must be developed within a year of the Act’s passage to guide the future of electricity production and use in the country.

Nigeria has long struggled with power shortages and an unreliable national grid. The Act aims to attract private sector investors, simplify licensing, and promote energy diversification. If properly enforced, it could help Nigeria move away from its dependence on oil while meeting domestic electricity demand and climate goals.

Namibia’s Green Hydrogen Initiative

Namibia is positioning itself as a global pioneer in the field of green hydrogen. Although the draft Green Hydrogen Bill has not yet been passed, the government released a Green Hydrogen Strategy in 2022. The proposed legislation is expected to reach parliament by the end of 2025.

The project has already drawn attention from Europe and Asia, with several foreign investors signing agreements with Namibia’s government. The aim is to use renewable energy, mainly solar and wind, to produce hydrogen for both domestic use and export. The government is also working to ensure that communities benefit from the projects through job creation and local participation.

However, the plan faces challenges. Concerns have been raised about land rights, water usage, and the environmental effects of large-scale hydrogen plants. Namibia’s experience will likely become an important example for how African countries can balance green industrialisation with environmental protection.

South Africa’s Energy Reform Efforts

South Africa has also been active in reforming its energy sector. The country’s Integrated Resource Plan of 2019 outlined a clear path to reduce dependence on coal and expand renewable energy. South Africa’s electricity generation has long been dominated by coal, contributing to high carbon emissions and frequent power blackouts.

In 2022, the government launched the Just Energy Transition Investment Plan to mobilise billions of dollars from international partners to support cleaner technologies and protect workers affected by the shift away from coal. The plan has also inspired the review of existing energy laws to include clearer environmental and social safeguards.

These steps make South Africa one of the few African countries linking climate justice, social welfare, and environmental law directly with energy reform.

Regional Trends in Energy and Environmental Law

Across Africa, similar developments are underway. Ghana adopted the Renewable Energy Master Plan in 2019 to expand clean energy to rural areas. Egypt passed its Renewable Energy Law earlier in 2014, providing a legal framework for private sector investment in wind and solar. Morocco continues to build on its renewable energy achievements following the completion of the Noor Solar Complex, one of the largest in the world.

These legal and policy changes are not happening in isolation. They show that African countries are moving in the same direction as the global transition toward cleaner, sustainable, and locally managed energy systems.

Challenges in Implementation

Despite progress, challenges remain. Many African nations still face funding gaps, technical limitations, and political resistance. The cost of renewable infrastructure is high, and many governments depend on fossil fuel revenues. There are also concerns that some new energy projects may harm local communities or ecosystems if environmental impact assessments are not properly enforced.

Legal frameworks alone cannot guarantee success. Effective enforcement, transparency, and citizen participation are essential. Countries must also strengthen institutions that monitor compliance and ensure that environmental standards are not compromised in the rush for investment.

Charting Africa’s Clean Energy Path

Africa’s energy transition will only succeed if it is fair and inclusive. Laws must address not only energy production but also environmental protection, social equity, and sustainable livelihoods. The continent’s young population and abundant natural resources provide a strong base for innovation and investment in clean energy.

In the years ahead, the real test will be how well these new laws are implemented. Kenya’s 2019 Act, Nigeria’s 2023 reforms, Namibia’s upcoming hydrogen bill, and South Africa’s ongoing transition all point to a continent on the move. The challenge is to make sure that legal reform translates into real change on the ground.

If governments, investors, and citizens continue to work together, Africa could become a leader in the global energy transition — not by following others, but by building laws and policies that reflect its own realities and priorities.

Sources

1. Kenya Energy Act, No. 1 of 2019, Government of Kenya, assented 12 March 2019 and commenced 28 March 2019.

2. Nigeria Electricity Act, 2023, Federal Republic of Nigeria, enacted June 2023.

3. Namibia Green Hydrogen Strategy, Government of Namibia, released 2022; draft Green Hydrogen Bill expected before parliament by end of 2025.

4. South Africa Integrated Resource Plan, Department of Mineral Resources and Energy, adopted 2019.

5. South Africa Just Energy Transition Investment Plan, Government of South Africa, launched 2022.

6. Ghana Renewable Energy Master Plan, Government of Ghana, adopted 2019.

7. Egypt Renewable Energy Law, Law No. 203 of 2014.

8. Morocco Noor Solar Complex project reports, Moroccan Agency for Sustainable Energy, updated 2023.

9. Reuters, “Why Nigeria’s power grid is failing,” December 

2024.

10. Green Building Africa, “Namibia Green Hydrogen Mid-Year Review,” 2025.

11. Africa-Legal, “New Electricity Law Empowers Clean Energy in Nigeria,” 2023.

Article by Micah Mukhwana Namunyu