Regulating Electricity Access in Africa: Legal and Institutional Pathways for an Inclusive Energy Transition

Electricity access remains one of Africa’s most persistent development challenges, with nearly 600 million people still without service despite three decades of market-oriented reforms. This article argues that the main barriers to universal access are neither technological nor financial, but legal and institutional. Drawing on comparative evidence from Nigeria, Kenya, and South Africa, the article traces the evolution of electricity markets from colonial-era extraction to post-independence state monopolies, and subsequently to donor-led liberalisation and the rise of independent power producers. While reforms have introduced regulators, tariff methods, and private participation, they have also reinforced affordability issues, regulatory fragmentation, and weak accountability. Framing the analysis through energy justice and the Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) principle, the article argues that electricity in Africa should be reconceptualised as a socio-economic entitlement rather than a market commodity. It highlights constitutional recognition, statutory mandates, and rights-based regulatory tools as emerging pathways for integrating access within legal frameworks. The article also examines decentralisation, mini-grids, digitalisation, and regulatory sandboxes as innovations that can boost inclusion; if regulators adopt adaptive, participatory, and transparency-driven governance models. The article concludes by proposing an access-focused regulatory framework rooted in inclusivity, adaptability, and accountability. It emphasises that reclaiming regulatory agency is crucial for balancing universal access with climate goals and energy sovereignty, framing regulation as a tool for justice, resilience, and innovation in Africa’s energy future.