Kenya 225
Navigating the changing political landscape
As Figure 13.3 shows, there is a range of legislation, policies, and strategies
influencing the development of the geothermal and charcoal sectors in Kenya,
some broad in scope and others with a sectoral focus. But in recent years, decisions around how to manage geothermal power generation and charcoal production and trade have also been heavily influenced by the changing political
landscape associated with the devolved government system that was established in the wake of a new Kenyan constitution in 2010 (Government of
Kenya, 2010b). Debate continues over how governance of the energy sector at
county and central governments will be managed in practice. The devolved
system in Kenya is still new, hence a lot of learning and adaptation still needs
to take place before effective means of ensuring citizen participation are
established.
With energy planning and development mandates, county governments have
a substantial role to play with regard to shaping energy development priorities
and politics according to their local resources (Johnson et al., 2016). For
instance, most geothermal steam fields lie within the Rift Valley – an area
spreading across Turkana, Baringo, Nakuru, and Kajiado counties. Local governments in these counties want a role in decision making over geothermal
development in their constituencies to embrace its benefits, rather than risk disruptions in their county and local community (Matara and Sayagie, 2018).
Meanwhile, some charcoal production hotspot areas, such as Tharaka- Nithi,
Kitui, Narok, Kajiado, and Kwale counties, have already developed regulations
to manage how their woody biomass resources are used and preserved (Wanjiru
et al., 2016). However, county- level budgets generally support roads or other
infrastructure rather than energy provision. Large- scale energy infrastructure
remains outside the purview of county governments, while small- scale solutions
and household use of biomass energy receive little political attention (Johnson
et al., 2016).
Much hinges on the 2017 Energy Bill – first put forward in 2015 and currently under consideration by the Parliament – which will give legal clarity as to
what local- level governance would mean within the counties when it comes to
energy issues (Government of Kenya, 2017). For example, each county government is expected to develop a county energy master plan that will be used by
the Cabinet Secretary of the Ministry of Energy and Petroleum to formulate an
integrated national energy master plan for purposes of national energy planning.
In addition, county governments will have the power to enforce certain provisions for efficient use of energy and its conservation, to undertake inspections,
and to issue directions, all in relation to national energy laws and provisions.
Furthermore, for geothermal projects, county governments will receive 20% of
the royalties from geothermal power produced in their jurisdictions, and the
local community shall receive 5% of the royalties through a community
trust fund.
Navigating the changing political landscape
As Figure 13.3 shows, there is a range of legislation, policies, and strategies
influencing the development of the geothermal and charcoal sectors in Kenya,
some broad in scope and others with a sectoral focus. But in recent years, decisions around how to manage geothermal power generation and charcoal production and trade have also been heavily influenced by the changing political
landscape associated with the devolved government system that was established in the wake of a new Kenyan constitution in 2010 (Government of
Kenya, 2010b). Debate continues over how governance of the energy sector at
county and central governments will be managed in practice. The devolved
system in Kenya is still new, hence a lot of learning and adaptation still needs
to take place before effective means of ensuring citizen participation are
established.
With energy planning and development mandates, county governments have
a substantial role to play with regard to shaping energy development priorities
and politics according to their local resources (Johnson et al., 2016). For
instance, most geothermal steam fields lie within the Rift Valley – an area
spreading across Turkana, Baringo, Nakuru, and Kajiado counties. Local governments in these counties want a role in decision making over geothermal
development in their constituencies to embrace its benefits, rather than risk disruptions in their county and local community (Matara and Sayagie, 2018).
Meanwhile, some charcoal production hotspot areas, such as Tharaka- Nithi,
Kitui, Narok, Kajiado, and Kwale counties, have already developed regulations
to manage how their woody biomass resources are used and preserved (Wanjiru
et al., 2016). However, county- level budgets generally support roads or other
infrastructure rather than energy provision. Large- scale energy infrastructure
remains outside the purview of county governments, while small- scale solutions
and household use of biomass energy receive little political attention (Johnson
et al., 2016).
Much hinges on the 2017 Energy Bill – first put forward in 2015 and currently under consideration by the Parliament – which will give legal clarity as to
what local- level governance would mean within the counties when it comes to
energy issues (Government of Kenya, 2017). For example, each county government is expected to develop a county energy master plan that will be used by
the Cabinet Secretary of the Ministry of Energy and Petroleum to formulate an
integrated national energy master plan for purposes of national energy planning.
In addition, county governments will have the power to enforce certain provisions for efficient use of energy and its conservation, to undertake inspections,
and to issue directions, all in relation to national energy laws and provisions.
Furthermore, for geothermal projects, county governments will receive 20% of
the royalties from geothermal power produced in their jurisdictions, and the
local community shall receive 5% of the royalties through a community
trust fund.