354
W. Karanja and N. Njenga
and 12 of the Constitution provide for a general right to public participation and access to information. Under Article 62 (3), minerals and
mineral oils form part of sections of Public Land that is vested in the
National Government for the People of Kenya, and the Public Land is
administered by the National land Commission. Under Article 71, agreement relating to natural resources, which include minerals and mineral
oils, require Parliamentary ratification.
The Kenyan Petroleum Act, 2019 relates to upstream oil and gas operations (exploration and extraction) and was enacted in March 2019,
repealing the old 1984 Petroleum (Exploration and Development) Act
Cap 308.
41 As relates to SLO, Section 25 provides that the community
is to be permitted adequate opportunity to participate in the process of
reviewing and awarding permits. Section 125 provides that the community shall have the right to: be educated and sensitized on petroleum
operations in their county or sub-county; be informed prior to the
carrying out of any upstream petroleum operations; inquire and interrogate planned petroleum activities that affect their ecosystem; and participate in the planning of corporate social responsibility projects by the
contractor in consultation with the national and county governments.
Under Section 126, the Cabinet Secretary for Petroleum is required to
make regulations in relation to the above. Regulations are under development. Under Section 58, petroleum revenues are to be shared as follows:
75% to the National Government; 20% to the County Government and
5% to the Community.
The Kenyan Energy Act, 2019 relates to downstream petroleum operations (distribution). The Energy Act 2019 was also enacted in March
2019 and replaced the Energy Act 2006. Section 9 of the Energy
Act 2019 establishes the Energy and Petroleum Regulatory Authority
(EPRA), which replaced the Energy Regulatory Commission under the
old Energy Act. The Kenyan EPRA is also charged with the regulation
of upstream petroleum operations under Section 3 of the Petroleum Act
2019.
42
41 “EPRA Statute Downloads”. 2019. Kenya EPRA. https://www.epra.go.ke/downloads/.
‘Downloads—Energy and Petroleum Regulatory Authority’ (Energy and Petroleum Regulatory Authority). https://www.epra.go.ke/downloads/, accessed May 27.
42 Ibid.
W. Karanja and N. Njenga
and 12 of the Constitution provide for a general right to public participation and access to information. Under Article 62 (3), minerals and
mineral oils form part of sections of Public Land that is vested in the
National Government for the People of Kenya, and the Public Land is
administered by the National land Commission. Under Article 71, agreement relating to natural resources, which include minerals and mineral
oils, require Parliamentary ratification.
The Kenyan Petroleum Act, 2019 relates to upstream oil and gas operations (exploration and extraction) and was enacted in March 2019,
repealing the old 1984 Petroleum (Exploration and Development) Act
Cap 308.
41 As relates to SLO, Section 25 provides that the community
is to be permitted adequate opportunity to participate in the process of
reviewing and awarding permits. Section 125 provides that the community shall have the right to: be educated and sensitized on petroleum
operations in their county or sub-county; be informed prior to the
carrying out of any upstream petroleum operations; inquire and interrogate planned petroleum activities that affect their ecosystem; and participate in the planning of corporate social responsibility projects by the
contractor in consultation with the national and county governments.
Under Section 126, the Cabinet Secretary for Petroleum is required to
make regulations in relation to the above. Regulations are under development. Under Section 58, petroleum revenues are to be shared as follows:
75% to the National Government; 20% to the County Government and
5% to the Community.
The Kenyan Energy Act, 2019 relates to downstream petroleum operations (distribution). The Energy Act 2019 was also enacted in March
2019 and replaced the Energy Act 2006. Section 9 of the Energy
Act 2019 establishes the Energy and Petroleum Regulatory Authority
(EPRA), which replaced the Energy Regulatory Commission under the
old Energy Act. The Kenyan EPRA is also charged with the regulation
of upstream petroleum operations under Section 3 of the Petroleum Act
2019.
42
41 “EPRA Statute Downloads”. 2019. Kenya EPRA. https://www.epra.go.ke/downloads/.
‘Downloads—Energy and Petroleum Regulatory Authority’ (Energy and Petroleum Regulatory Authority). https://www.epra.go.ke/downloads/, accessed May 27.
42 Ibid.