4. Vandalism of energy sector infrastructure continues to cause immense losses as well as supplyinterruptions.5. The need to enhance regional, gender and environmental considerations in energy planningand development.6. Land access and permit where exploration blocks fall on private land or cultural heritage areasincluding game parks/reserves.6.7 Policies and Strategies and Implementation Plan – Land, Environment, Health andSafety6.7.1 Land and Socio-Economic IssuesPolicies and StrategiesLand and Socio-Economic Issues1. Align all energy projects with the <strong>National</strong> Land <strong>Policy</strong>, which provides aframework for access to planning and administration of land in the country.The <strong>National</strong> Land Commission to ensure that planning for utility servicesand public/private infrastructure under Article 60(2), Article 66 (1) and theFourth Schedule of the Constitution include planning for energy utilityservices namely way-leaves, infrastructure development, transmission,distribution and pipeline corridors.2. Make provision for waivers in respect to any charges for utilization ofresources owned by other public bodies critical to the development ofenergy infrastructure and service provision such as way-leaves, easementsand rights of way. Any compensation for interest in land under Article 40 ofthe Constitution shall be at market rate as determined by a registered landvaluer where there is no dispute. The Government shall initiatecompensation within a reasonable period. However, where there is adispute, the Government valuer(s) shall provide opinion to ensureuniformity and fairness.3. <strong>National</strong> Government to determine rates payable for compensation inrespect of damage caused by the energy sector players including clearingway leaves among others.4. Seek for amendment/repeal of any legislation that impact negatively on theenergy sector.5. Make provision to allow the right of access to survey and use of land forenergy infrastructure development purposes including but not limited toprospecting for petroleum, gas and coal, storage, transmission, laying ofpetroleum pipelines and electricity supply infrastructure, dams andgeothermal development.6. Provide that where energy infrastructure and ancillary apparatus areremoved, the surface of the land shall forthwith be restored to its formercondition as far as possible and in default thereof, the owner of the landmay carry out the restoration, and the costs thereof shall be recoverableShort Term20<strong>14</strong>-2017Implementation PlanMedium Term20<strong>14</strong>-2022Long Term20<strong>14</strong>-2030102 NATIONAL ENERGY POLICY FINAL DRAFT NOVEMBER <strong>2013</strong>
from the licensee.Policies and StrategiesLand and Socio-Economic Issues7. Provide for restoring, repairing damage or making good loss caused by alicensee’s operations in respect to laying of energy infrastructure orextraction of energy resources in accordance with Article 70.8. The Cabinet Secretary may gazette or de-gazette all land held by publicentities for energy infrastructure.9. A licensee may erect, install, break up or lay energy infrastructure andancillary apparatus upon, under, over or across any public streets, road,railways, tramways, rivers, canals, harbours, game parks, water ways,forests or Government property, in the manner and on the conditions as willbe provided from time to time. A licensee may repair, alter or remove anysuch infrastructure and ancillary apparatus so erected, laid or constructed,provided that the person having the control of such street shall have a priorright to break up and repair such street with reasonable dispatch uponpayment to him of a reasonable charge by the licensee.10. Where a licensee faces constraint in accessing any natural resourceincluding land and water for development of energy infrastructure, thelicensee may upon authorization by the national government reclaimportions of existing water bodies for such purposes.11. Whenever a licensee carries out any work authorized his licence or permit,he shall comply with the regulations or by-laws, if any, of the CountyGovernment or local authority concerned and shall complete that workwithin reasonable time and reinstate the street broken up and remove anydebris or rubbish occasioned thereby and shall, while the street is brokenup or obstructed, cause the works to be, at all times, fenced and guardedand during the night, adequately lit.12. Where a public institution in the energy sector requires the compulsoryacquisition of land for use, the institution may apply to the CabinetSecretary to acquire the land on its behalf.13. Provide for the right in cases of emergency to clear obstructions toinfrastructure installations by any licensee in the energy sector. Wherenecessary, the entity can obtain an order from the <strong>Energy</strong> Tribunal allowingfor access to the area under supervision of the Kenya Police Service.<strong>14</strong>. County governments shall set aside suitable land for energy infrastructuredevelopment purposes, including but not limited to projects recommendedin the indicative <strong>National</strong> <strong>Energy</strong> plans.15. Provide for the following offenses:(a) Illegal acquisition of interest in public land set aside for energyinfrastructure projects through encroachment or grabbing and includepunitive penalties for either offence;(b) Trespass on or encroachment of energy installations, infrastructureShort Term20<strong>14</strong>-2017Implementation PlanMedium Term20<strong>14</strong>-2022Long Term20<strong>14</strong>-2030103 6.0 – LAND, ENVIRONMENT, HEALTH AND SAFETY
- Page 1 and 2:
NOVEMBER 2013 DRAFTREPUBLIC OF KENY
- Page 3 and 4:
2.4.4.1 Challenges in Coal explorat
- Page 5 and 6:
4.5.5 Policies and Strategies and I
- Page 7 and 8:
Table 10.1 Energy Generation Potent
- Page 9 and 10:
FOREWORD BY THE CABINET SECRETARY F
- Page 11 and 12:
EXECUTIVE SUMMARY1. This policy doc
- Page 13 and 14:
14. To enhance exploitation of the
- Page 15 and 16:
24. The Government shall establish
- Page 17 and 18:
1.0 - INTRODUCTION1.1 THE ROLE OF E
- Page 19 and 20:
(k) Promote appropriate standards,
- Page 21 and 22:
(e) The Weights and Measures Act, C
- Page 23 and 24:
fund, mobilizing resources for rura
- Page 25 and 26:
2.0 - FOSSIL FUELS2.1 BACKGROUND1.
- Page 27 and 28:
immense value through acquisition o
- Page 29 and 30:
and averaging at more than US$110 p
- Page 31 and 32:
town of Mombasa, through Nairobi to
- Page 33 and 34:
3. The prices in Kenya as published
- Page 35 and 36:
6. It is hoped that the discovery o
- Page 37 and 38:
(c) High sulphur levels have advers
- Page 39 and 40:
Policies and StrategiesPetroleum Ex
- Page 41 and 42:
Policies and StrategiesPetroleum Su
- Page 43 and 44:
plants has several advantages over
- Page 45 and 46:
Natural GasShort Term2014-2017Mediu
- Page 47 and 48:
3. The introduction of clean coal t
- Page 49 and 50:
6. Lack of a special purpose vehicl
- Page 51 and 52:
Policies and StrategiesFossil Fuels
- Page 53 and 54:
4. Geothermal power plants use stea
- Page 55 and 56:
about 1,450MW remains unexploited.
- Page 57 and 58:
8. Ownership of physical dam reserv
- Page 59 and 60: (d) Competing interests between dev
- Page 61 and 62: 3.4.2 Challenges1. Unsustainable us
- Page 63 and 64: 4. Land will need to be set aside f
- Page 65 and 66: Limited in Kilifi County generates
- Page 67 and 68: high temperatures estimated at 4-6
- Page 69 and 70: Policies and StrategiesSolar Energy
- Page 71 and 72: 3. Inadequate wind regime data.4. L
- Page 73 and 74: through co-generation and bioethano
- Page 75 and 76: (d) 1 sea wave energy projects with
- Page 77 and 78: 3.12.3 Policies and Strategies and
- Page 79 and 80: 4.0 - ELECTRICITY4.1 BACKGROUND1. E
- Page 81 and 82: 2. It is estimated that as at 2013,
- Page 83 and 84: Figure 4.2 - Evolution of the Energ
- Page 85 and 86: (e) Thermal power plants have a rel
- Page 87 and 88: 6. Nuclear fuel can be recycled and
- Page 89 and 90: Policies and StrategiesNuclear Elec
- Page 91 and 92: Table 4.5 - Planned Regional Inter-
- Page 93 and 94: to this worsening situation leading
- Page 95 and 96: 4.5.5 Policies and Strategies and I
- Page 97 and 98: Policies and StrategiesRural Electr
- Page 99 and 100: Policies and StrategiesElectricity
- Page 101 and 102: 7. The energy policy and the Energy
- Page 103 and 104: 6.0 - LAND, ENVIRONMENT, HEALTH AND
- Page 105 and 106: 6.2.3 Renewable Energy1. Generally,
- Page 107 and 108: causes indoor air pollution leading
- Page 109: 6.5 DISASTER PREPAREDNESS AND MITIG
- Page 113 and 114: Policies and StrategiesEnvironment,
- Page 115 and 116: 6.7.4.4 Nuclear ElectricityPolicies
- Page 117 and 118: of the risk levels.Policies and Str
- Page 119 and 120: 6 It is a further requirement under
- Page 121 and 122: Policies and StrategiesAccess to En
- Page 123 and 124: Kenya.Policies and StrategiesEnergy
- Page 125 and 126: 15. Seek financing of clean energy
- Page 127 and 128: Figure 8.1 - Pass-Through Costs in
- Page 129 and 130: Table 8.1 - Energy Tariffs and Cost
- Page 131 and 132: Policies and StrategiesEnergy Prici
- Page 133 and 134: Policies and StrategiesCross Cuttin
- Page 135 and 136: 3. In 2009, ERC established a commi
- Page 137 and 138: 9.3.3 Policies and Strategies and I
- Page 139 and 140: 9.7 ENERGY RESOURCES BENEFITS SHARI
- Page 141 and 142: 10.0 - ANNEXURESAnnex 10.1 The PSC
- Page 143: Table 10.3 Nuclear electricity gene
- Page 146 and 147: Table 10.4 Summary of the Energy St
- Page 148 and 149: County Population Area (km 2 ) Foss
- Page 150 and 151: County Population Area (km 2 ) Foss
- Page 152 and 153: County Population Area (km 2 ) Foss
- Page 154 and 155: ACRONYMS AND GLOSSARY OF TERMS1. AC
- Page 156 and 157: RD&DREAREPRMSSMRsSAPPToEVATWpResear
- Page 158: Reticulation means the network used