National Energy Policy - Final Draft - 14 Nov 2013

8. The Constitution offers protection of right to property. Energy sector players, to whom landaccess and utilization is critical in their operations, must be alive to this fact. In addition, Article42 of the Constitution provides for every person’s right to a clean and healthy environment. TheConstitution also declares that sustainable development among the values and principles ofgovernance which bind all State organs, officials and any person implementing public policy.9. The trans-boundary impact of environmental pollutants has necessitated internationalcooperation in order to prevent, minimise and mitigate pollution. A substantial portion of therisks arise from operations in the energy sector, amongst them transportation of petroleumproducts, disposal of hazardous waste, handling and management of radioactive materials.Several multilateral environmental agreements/treaties have been developed globally withKenya ratifying and domesticating a number of them. The Constitution provides that any treatyor convention ratified by Kenya forms part of the Laws of Kenya. It is necessary to developguidelines to ensure the application and compliance of the relevant conventions in the energysector.6.2 ENERGY SUPPLY SIDE ENVIRONMENTAL CONCERNS6.2.1 Fossil Fuels6.2.2.1 Exploration and Production1. Exploration and production activities can have negative environmental impacts and thereforeshould be conducted in a way that protects the environment. Offshore and onshore explorationeffects can be minimized by limiting the exploration duration and activities as well as employingnewer technologies.6.2.1.2 Petroleum1. Major environment, health and safety concerns in the petroleum industry are fire outbreaks andoil spills. The country has witnessed a number of incidents involving petroleum products whichhave led to loss of life and property. However, these can be addressed through adoption ofinternational best practices in handling safety concerns in the sub-sector and ensuring strictcompliance and enforcement of the regulations.2. Personnel handling petroleum products are exposed to the risks associated with inhalation ofproduct fumes and dermal contact. These concerns can be addressed through use of highstandard equipment and repeated use of personal protective equipment.6.2.1.3 Coal1. Concerns in the coal industry include emissions which contribute to global warming and acidrain. However, modern technologies among them the Clean Coal Technology (CCT) can beapplied to reduce pollution significantly.1. Clean coal energy can be harnessed chemically without combustion with air by capturing 99%of Carbon Dioxide.96 NATIONAL ENERGY POLICY FINAL DRAFT NOVEMBER 2013