Energy Bill's radical tenets a threat to the environment?

Rhinos at Lake Nakuru National Park. Ecosystems could be interfered with is the Energy Bill is passed in its current form.

A proposed law meant to radically change the energy sector is already courting controversy barely days after sailing through the second reading in Parliament. It faces stiff opposition, especially from environmentalists.

Pundits say the Energy Bill, 2017 holds little regard for environmental protection, noting that if passed into law in its current form, it would create a leeway for rogue investors in the sector to destroy the environment.

They include coal miners, oil explorers and private players in the energy sector looking to put up infrastructure. The claim it gives them a blank cheque to destroy heritage sites and environmental ecosystems in the name investment for quick profit.

“For the purpose of the production, conveyance and supply of energy, a licencee may erect, fix, install or lay any electric supply lines, oil or gas pipelines, other infrastructure or apparatus in, through, upon, under, over or across any public street, road, railway, tramway, river, canal, harbour or government property, including forests, national parks, reserves and heritage sites, in the manner and on the conditions as provided in this Act,” states Article 206 (1) of the Bill.

The Bill could legalise the government’s move to allow any oil explorer or energy investor pull down even heritage sites and tourist attractions such as Fort Jesus or key parks to produce energy or build infrastructure.

The government’s keenness to attract investors in the energy sector is exacerbated by President Uhuru Kenyatta’s move to host a delegation of 50 French companies where he appealed to them to invest in the country’s energy sector.

Petroleum assets

He cited a dearth in investment, especially in power distribution from the private sector, asking them to follow into the footsteps of the French oil conglomerate, Total, which has bought an entire stake from Maersk Oil in northern Kenya’s petroleum assets.

President Kenyatta who praised the country for improving in the Ease of doing Business index said legal huddles that keep investors at bay have been done away with.

“We have made Energy a national priority. We already have some French companies investing in energy generation but we still want more to come. We also want others in energy distribution. We want access to electricity to citizens to grow from the current 60 per cent in the next five years,” Uhuru said. He was addressing the French investors who were also in the country to take part in the Stars for Africa conference besides fishing for investment opportunities.

The French investors committed Sh1 trillion worth of investments, a chunk of it in the Energy Sector.

But even as Kenya is quick to attract investors with grandiose incentives in the energy sector, environmentalist are quick to dismiss the Energy Bill as currently constituted.

East African Wildlife Society Chairman Julius Kamau said it was better to shun the investors’ billions than to hurt the environment.

He said classification of national parks, reserves, forests, rivers, marine and wetlands as State property and granting it express right to undertake oil exploration, development, conveyance and infrastructural development as per the Petroleum and energy bills is unhelpful.

Environment assessment

“These ecosystems are critical and most of them forms the protected areas. As such this provision is against Environmental Management and Control Act and sectoral laws like Wildlife Act 2013 that no development should be allowed in the protected areas before an EIA has been conducted and unless as per the management plan of the protected areas,” said Mr Kamau.

The environmental expert also stresses that the government should carry out a strategic environment assessment before the Bill is passed.

Recently at a meeting between the Petroleum Institute of East Africa (PIEA) and the Parliamentary Committee on Energy, Chairman David Gikara expressed concerns over its threat to the environmental and sought expert advice from PIEA on how to handle it.

“As a committee, we are still trying to understand this Bill in an indepth way, especially the alleged dangers it could pose to the environment if passed in its current state,” said Mr Gikara.

PIEA General Manager Wanjiku Manyara said the Bill caters for the environment. “It does have tents that protect the environment for example marine where ships that will be caught on Kenyan waters spilling oil will be heavily punished and oil companies have to adhere to strict environmental assessment tests,” Ms Wanjiku said.

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