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National Energy Policy - Final Draft - 14 Nov 2013

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6. Inherent weaknesses in Cap. 308 and in the model PSC which include lack of provisions for :(a) Compensation regime.(b) Licensing rounds.(c) Community awareness and participation.(d) Windfall profits.(e) Gas sharing terms.(f)Corporate Social responsibility requirements.(g) Mechanism for working out Government Share out of monetary gains from transfer of aPSC.(h) Defined criteria for evaluation of terms provided in PSC applications for prudence andcompetitive bidding for blocks.(i)(j)Environmental protection, conservation and management.Mechanism for working out national government, county government and local communitybenefits sharing.(k) Payment of royalty on gross oil produced.The model PSC is at Annex 10.1 in 10.0 Annexures.7. Petroleum resource is finite.8. Inadequate policy for sustainable utilization of petroleum revenue and its management.2.2.11.2 Petroleum Mid and Downstream1. Reliance on a single jetty for off-loading petroleum imports.2. Offshore and onshore access to the port:(a) The maximum draught at the entrance to the Mombasa port is 13.5 meters which limitsKenya’s ability to import cargoes bigger than 84,000 MT to KOT. It is to be noted that themaximum draught at the entrance to the Mombasa port is 16 meters after dredging.(b) For SOT the maximum ship size is 30,000 MT. The use of many small vessels results inhigher freight and demurrage costs. The access road to Shimanzi depot is narrow andleads to serious congestion of tankers.3. Outdated refinery:(a) Higher than normal fuel and loss performance because of Tops recirculation,(b) Programme yield is based on test run conditions (i.e. under controlled condition for a day,neat crude processing and without any upsets) which may not ordinarily be achieved.28 NATIONAL ENERGY POLICY FINAL DRAFT NOVEMBER <strong>2013</strong>

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