11 Social Licence to Operate in the Energy Transition Era …
355
The petroleum legislation in Kenya explicitly references the regulatory
requirements set out by the Environmental Management and Coordination Act (EMCA) 1999 and the Regulations thereunder. The EMCA
requires public participation in conducting EIAs for projects. Further,
under the Kenya Climate Change Act of 2016 (Section 20) NEMA is
required to integrate climate change risk and vulnerability assessment in
all forms of EIA.
43
The Kenya Public Participation Bill 2018, which is not yet enacted
into law, is also critical in ensuring the acquisition of SLO. It refers
to the democratic process of having an open, accountable and structured dialogue where citizens or people or a segment of a community
can interact, exchange views and influence decision-making. It should
however be noted that the Public Participation Bill has been in draft
since 2015.
44 Kenya also has a draft Local Content Bill 2018, which
affects SLO by requiring local content participation in all development
sectors, including the oil and gas industry.
45 Further, in addition to picketing, communities which have not provided SLO and have complaints
and/or concerns about projects have used legal redress to express their
grievances.
11.3.2 Tanzania’s Oil and Gas Laws and SLO
In Tanzania, the Petroleum Act 2015, the Tanzania Extractive Industry
(Transparency and Accountability) Act 2015 and the Oil and Gas
Revenues Management Act 2015 are the overarching legislation. The
43 “Kenya Climate Change Act”. 2016. Environment.Go.Ke. http://www.environment.go.ke/wpcontent/uploads/2018/08/The_Kenya_Climate_Change_Act_2016.pdf.
‘The Climate Change Act, 2016’ (Environment.go.ke, 2016). http://www.environment.go.
ke/wp-content/uploads/2018/08/The_Kenya_Climate_Change_Act_2016.pdf, accessed May 27,
2020.
44 Mariru, Patrick. 2015. “What About Public Participation? Where Are We?”. International Institute for Legislative Affairs. https://ilakenya.org/what-about-public-participationwhere-are-we/.
Patrick Mariru, ‘What About Public Participation? Where Are We?’ (International Institute for Legislative Affairs). https://ilakenya.org/what-about-public-participation-where-are-we/,
accessed May 27, 2020.
45 “Kenya Local Content Bill”. 2018. Parliament.Go.Ke. http://www.parliament.go.ke/sites/def
ault/files/2018-11/Local%20content%20Bill.pdf, accessed May 27, 2020.
355
The petroleum legislation in Kenya explicitly references the regulatory
requirements set out by the Environmental Management and Coordination Act (EMCA) 1999 and the Regulations thereunder. The EMCA
requires public participation in conducting EIAs for projects. Further,
under the Kenya Climate Change Act of 2016 (Section 20) NEMA is
required to integrate climate change risk and vulnerability assessment in
all forms of EIA.
43
The Kenya Public Participation Bill 2018, which is not yet enacted
into law, is also critical in ensuring the acquisition of SLO. It refers
to the democratic process of having an open, accountable and structured dialogue where citizens or people or a segment of a community
can interact, exchange views and influence decision-making. It should
however be noted that the Public Participation Bill has been in draft
since 2015.
44 Kenya also has a draft Local Content Bill 2018, which
affects SLO by requiring local content participation in all development
sectors, including the oil and gas industry.
45 Further, in addition to picketing, communities which have not provided SLO and have complaints
and/or concerns about projects have used legal redress to express their
grievances.
11.3.2 Tanzania’s Oil and Gas Laws and SLO
In Tanzania, the Petroleum Act 2015, the Tanzania Extractive Industry
(Transparency and Accountability) Act 2015 and the Oil and Gas
Revenues Management Act 2015 are the overarching legislation. The
43 “Kenya Climate Change Act”. 2016. Environment.Go.Ke. http://www.environment.go.ke/wpcontent/uploads/2018/08/The_Kenya_Climate_Change_Act_2016.pdf.
‘The Climate Change Act, 2016’ (Environment.go.ke, 2016). http://www.environment.go.
ke/wp-content/uploads/2018/08/The_Kenya_Climate_Change_Act_2016.pdf, accessed May 27,
2020.
44 Mariru, Patrick. 2015. “What About Public Participation? Where Are We?”. International Institute for Legislative Affairs. https://ilakenya.org/what-about-public-participationwhere-are-we/.
Patrick Mariru, ‘What About Public Participation? Where Are We?’ (International Institute for Legislative Affairs). https://ilakenya.org/what-about-public-participation-where-are-we/,
accessed May 27, 2020.
45 “Kenya Local Content Bill”. 2018. Parliament.Go.Ke. http://www.parliament.go.ke/sites/def
ault/files/2018-11/Local%20content%20Bill.pdf, accessed May 27, 2020.