Century-old mature mangrove trees are the pride of Uyombo, a melting pot of critical marine and terrestrial ecosystems. Proposals for establishing a nuclear power plant have met strong resistance from residents and environmentalists |Photo by Mazera Ndurya
Kenya still stands at a crossroads in its energy journey that started several decades ago, specifically before independence in the 1950s.
From the much hyped Turkana oil discovery that has now fizzled out to the planned controversial nuclear power plant in Uyombo, Kilifi County, experts in the energy sector say Kenya needs to navigate complex challenges to fully and sustainably harness the untapped potential in renewable energy, oil and gas to remain on course.
These challenges, according to Muturi wa Kamau, an advocate for sustainable energy development and the Coordinator of the Kenya Oil and Gas Working Group under Community Action for Nature Conservation (CANCO), must include environmental conservation, community engagement, and policy reforms.
Most of the early companies like Shell and Agip that started upstream exploration were not lucky enough because the technology being used then was very crude. However, there have been very drastic changes in the sector.
Oil exploration in Kenya dates back to the colonial period, but the sector only gained traction after 2009 when Tullow Oil Company discovered commercial quantities of crude oil in Turkana County.
“Despite this milestone, challenges in infrastructure and profitability have hindered full-scale development. The Early Oil Pilot Scheme (EOPS), which involved transporting crude oil from Turkana to Mombasa, resulted in significant financial losses and was discontinued in 2021.
“After an investment worth over US$50 million, Kenya made a paltry Ksh25 million from it,” said Muturi.
A lot is going on in several parts of the country. For instance, there is some activity in parts of Tsavo in Taita Taveta County and Kilifi County to get data to be used to attract investors to take up exploration.
“Exploration activities in other regions, such as Lamu, Tana River, and Kilifi, have also yielded mixed results. Notably, concerns have arisen over environmental risks, particularly in sensitive ecosystems like Tsavo National Park, where 25% of exploration blocks overlap with protected areas.
“We need to be at a position where we look at these hydrocarbon resources and how to safeguard such important ecosystems from destruction,” he said.
Community Engagement and Land Rights
One thing that cuts across all the areas where energy projects are being undertaken or explored is the issue of land ownership. One thing in common, for instance, in Turkana and Uyombo is that the land is classified as public.
LCPDP
The crafting of the Least Cost Power Development Plan which undertook an assessment of Kenya’s energy mix had identified nuclear as one of the energy sources that we would explore at some point in the future.
The LCPDP represents a 10 year plan for the period 2021-2030, derived from a longer term LCPDP for 2020-2040. The report was prepared as part of National Government undertakings for post COVID-19 development support programme and the attendant engagements with Development Partners. The update was deemed necessary to make the long term planning assumptions more predictable given the relative certainty in planning for a 10 years period compared to 20 years.
“However, when looking at nuclear it is important to check whether we have the policies and capacity. One of the challenges that the community of Uyombo faces is the location because the area is quite sensitive in terms of the ecological system that is there. The Arabuko Sokoke and the Marine Protected area are critical ecosystems that must be protected.
“I tend to believe, perhaps one of the reasons they settled on Uyombo was the land regime because all the documents talk about the area being public land,” he said.
Muturi says that tends to be a very poor decision because any implication as a result of nuclear waste or natural disasters will have very catastrophic ramifications
“We have investors who want to come in to develop the sector at a minimal cost and for us we feel it is beneficial oblivious of the fact that the risks far outweigh the benefits we get from developing such sources of energy,”Muturi emphasizes.
He said: “CANCO collaborates with local communities to advocate for their rights, ensuring they are informed and empowered to participate in decision-making. In Turkana, for example, efforts to register community land have begun to yield results, helping residents secure their rights amidst oil and gas exploration.”
He stresses that stakeholder engagement must span the entire lifecycle of energy projects. “Companies often engage communities initially to secure a social license to operate but later exclude them, leading to conflicts,” he notes.
Establishing community land management committees is one way to address these challenges.
Arabuko Sokoke
The Arabuko-Sokoke forest, which extends between the hinterland of Malindi and that of Watamu and Kilifi, has been included in the biosphere reserves to be protected by UNESCO.
The UNESCO Man and the Biosphere (MAB) programme has added 18 new sites in 12 countries of the world to the international network of biosphere reserves, which currently has 701 biosphere reserves in 124 countries of the world.
UNESCO’s biosphere reserves seek to reconcile human activity with the conservation of biodiversity through the sustainable use of natural resources. This reflects UNESCO’s key objective of promoting innovative sustainable development practices and combating biodiversity loss by accompanying communities and Member States in their work to understand, appreciate and safeguard the living environment of our planet.
Environmental Safeguards and Policy Gaps
Muturi says the extractive sector is being seen with the lenses of other sectors- for instance one cannot talk about the extractive without talking about the environment and any safeguards within the environment are anchored within the Environmental Management and Coordination Act (EMCA) which is in itself outdated when it comes to oil and gas exploration.
“The current political regime has done a bit of redrafting of quite a number of legislating instruments and EMCA need to be one of them and especially when looking at environmental and social impact assessment.
“Once we start undertaking ecological surveys and not environmental surveys that look at the implication of a project post production we will be more informed but there are still some challenges in terms of capacity,” he says.
However, The National Environment Management Authority (NEMA), itself doesn’t have the human capacity to undertake monitoring compliance enforcement. They are still trying to grapple with the demands for dealing with a myriad of sectors.
“Some investors prioritize profits over environmental protection,” Muturi warns. Instances of improper waste management in Turkana have reportedly exposed residents to carcinogenic substances, underscoring the need for stricter oversight.
Muturi advocates for a gradual shift from fossil fuels to renewable energy sources. He underscores the need for policy alignment with global commitments, such as the Paris Agreement, and the development of technologies that minimize environmental impacts.
Future of Kenya’s Energy Mix
Kenya’s Least Cost Power Plan identifies nuclear energy as a potential future option, but Muturi believes the country is not yet ready.
“We lack the infrastructure, robust manufacturing demands, and comprehensive policies to support nuclear energy,” he asserts.
Instead, he emphasizes the need to diversify the energy mix while prioritizing sustainability.
Governance and the Way Forward
Governance is crucial for ensuring that energy development benefits local communities and the nation. Muturi is calling for integrating the extractive sector with other sectors, such as environmental protection, to create a holistic framework.
He also highlights the importance of ratifying international conventions like the Energy Charter Treaty while safeguarding Kenya’s interests.
ECT
The Energy Charter Treaty (ECT) is an international agreement which establishes a multilateral framework for cross-border cooperation in the energy industry, principally the fossil fuel industry.
The treaty covers all aspects of commercial energy activities including trade, transit, investments and energy efficiency. The treaty contains dispute resolution procedures both for States Parties to the Treaty (vis-à-vis other States) and as between States and the investors of other States, who have made investments in the territory of the former.
