Katiba At 11: The Gains and Challenges Towards a Sustainable Oil and Gas Sector

KCSPOG authored blog/ articles
By Emmaqulate Kemunto The Constitution of Kenya provides for the following rights and principles which are crucial for a sustainable oil and gas sector in Kenya: transparency, accountability, democracy, participation of the people, right of access to information, right to a clean and healthy environment; right to property. Although there has been some progress in their implementation and enforcement since 2010, much still needs to be done as highlighted below: Participation of the People Over the years, judicial bodies have increasingly upheld the central role of public participation in sustainable natural resource and environmental decision-making, landmark decisions being the Lamu Coal Plant and the LAPSSET decisions. The 2010 Katiba has been central in ensuring the protection of environmental rights as evidenced by the Lamu Coal Plant decision. However, much remains…
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Is Biorefinery The Future?

KCSPOG authored blog/ articles
By Rita Maina Eni and the Ministry of Petroleum and Mining signed a memorandum of understanding to promote climate change initiatives and a circular economy in Kenya through a Bio-fuel production value chain. Bioenergy is an emerging trend to solve the current decrease of the world petroleum reserves and the environmental challenges associated with the resource. There are similarities between biorefining and oil refining with the major difference being the raw material for oil refining comes from fossil fuels. The main aim is to produce products that can replace oil refining products that are used globally in various industries.In light of this, exactly what is a biorefinery? According to the International Energy Agency, a biorefinery is the sustainable processing of biomass into a spectrum of marketable bio-based products (chemicals, materials)…
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Where is Our Money? Benefit Sharing for Local Communities in the Oil and Gas Sector.

KCSPOG authored blog/ articles
By Emmaqulate Moranga “Recently we saw trucks transport oil from Lokichar to Mombasa but where are yet to receiveour 5% share. Where is our money?”. These were some of the questions which dominated ourTurkana County workshop.Oil and gas projects are usually commissioned with promises of manna to the localcommunities. The commencement of these projects depicts economic and other social benefitsto communities. With these promises, communities will have expectations on how their liveswill change for he better. One particular form of benefit is the 5% share, provided for under thepetroleum Act . The 5 % is a share of the national government’s profits derived from upstreampetroleum operations.Why are local communities owed benefits?Natural resources are held in trust by the Government for the people of Kenya, who shouldthen benefit from their exploitation.…
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Community Land Acquisition for Oil and Gas Projects

KCSPOG authored blog/ articles
By Emmaqulate Moranga “How does the government claim to own land passed down to us by our ancestors? Land where our ancestors are buried?” these questions dominated our dialogue with the community in Turkana County. The Community also raised concerns of displacement and reduction of grazing areas for their livestock. The community’s concerns are reflected in the Community Land Act, which provides that all unregistered community land shall be held by the County Government, in trust for the community. Most community land in Turkana county is unregistered, and therefore vests in the County Government. Needless to say, land is a passionate topic, and a necessary resource in upstream and midstream petroleum activities. Therefore, at some point, compulsory acquisition is necessary to allow for oil and gas projects. Compulsory acquisition is…
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Public participation in oil and gas projects – Turkana Workshop Blog Post

KCSPOG authored blog/ articles
By Emmaqulate Moranga “we were not consulted”, said the first speaker, a statement which was echoed by subsequent speakersduring KCSPOG’’s community knowledge exchange and capacity building workshop in Turkana County.Meaningful Public participation in oil and gas projects is a crucial component towards achieving asustainable and environmentally just oil and gas sector in Kenya.Public Participation in natural resource management and exploitation is a mandatory constitutionalrequirement. Further, among the requirements for obtaining contracts for oil and gas projects in Kenyais an Environmental Impact Assessment (EIA) Licence issued by the National Environment Authority(NEMA). An integral part of the EIA process is public participation, whose aim is to give communitiesprimary information on these projects, their negative and positive impacts, and mitigation measures,and have communities weigh in.However, despite these robust frameworks, lack of meaningful public…
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Understanding the Basics of the Oil and Gas Industry In Kenya

KCSPOG authored blog/ articles
By Michelle Makena Oil and Gas industry is considered one of the biggest sectors in the world in terms of monetary value. Both of these minerals are crucial to the global economic development; think of everyday uses such as propelling vehicles, producing electricity, carrying out household functions and many others. Individuals looking into entering or learning more about this sector can quickly be overwhelmed by the complex terms and unique metrics used all through the sector. This piece is written to help anyone understand the basics of the in Oil and Gas industry.  Petroleum Exploration in Kenya began in the 1950s within the Lamu Basin. However, It was not until 2012 when the first commercially viable oil discovery was made in the Tertiary rift. So far over 86 wells have…
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Kenya, Tanzania renewed partnership great for regional energy security but transparency concerns linger.

KCSPOG authored blog/ articles
By Emmaqulate Moranga During President Suluhu Hassan’s recent Kenya visit announcements on joint infrastructure were made which would strengthen the already existing Kenya- Tanzania relationship. A key announcement was the agreement for the development of a gas pipeline from Dar es salaam to Mombasa. The 600-kilometre pipeline is meant for the transportation of liquefied natural gas from Dar es Salaam to Mombasa. The discussion has been ongoing for a while on the construction and during the visit, a Tanzanian businessman lamented the delay, in a similar project in a now viral video. Regional energy infrastructure is critical in ensuring that resources are shared across borders and reduces costs of replicating similar infrastructure. In the energy transition, a shift to cleaner/less polluting fuels shall inevitably benefit the region’s population. It should…
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Over taxation can limit the effectiveness of Price Controls

KCSPOG authored blog/ articles
By Samantha Luseno It has been ten years since the establishment of the fuel price regulation formula and while it seems to have streamlined some challenges in the sector, it has failed to protect the consumer from extreme upward fluctuations in the crude oil prices and has even deprived them of benefiting from downward fluctuations in the market. For example, in 2020 while the COVID-19 pandemic triggered an unprecedented demand shock in the oil industry, leading to a historic market collapse in oil prices, this was not necessarily felt in the pockets of consumers. From an economic standpoint, price controls are viewed as a form of market distortion and in some instances, if not well enforced can lead to serious long-term effects including shortages, rationing, inferior product quality and the…
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While Waste Water Regulations are promising, a lot must be done to streamline Successful Implementation

KCSPOG authored blog/ articles
By Samantha Luseno, Resource Mobilization and Partnerships Engagement Officer at The Kenya Civil Society Platform on Oil and Gas Tullow and its Joint Venture Partners received approval for the 2021 annual work plan and budget for the implementation of the South Lokichar-Turkana Project. As they seek to restart operations the conversation on Waste Management, broadly must be revived considering initial challenges with waste disposal that drew attention of key sector players including National Environmental Management Authority (NEMA) and local civil society organizations such as Friends of Lake Turkana at their Ngamia Site. Waste Water Management is especially important as the Oil and Gas Sector like other extractives industries have the potential of compounding water scarcity. The adoption of sustainable water practice and processes as we approach a final investment decision…
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Benefit Sharing Principles must Apply to Water Resources

KCSPOG authored blog/ articles
By Samantha Luseno, Resource Mobilization and Partnerships Engagement Officer Published in the Standard Newspaper on 11th December 2020 Tullow Oil has recently received an extension of its contract to end of 2021 and Ministry of Petroleum and Mining has approved its annual work plan and budget to enable it do so. Water towards the project is envisioned to come from Turkwel Dam in West Pokot County which is predominantly a drought prone region. The Constitution of Kenya adopted in 2010 but taking effect in 2013 sought to bring public services broadly closer to citizens. The governance of the water sector was among those decentralized specifically cascading down to counties the function of provision of water and sanitation services. Occasioned by the devolution of power, there was great progress in the…
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