Abridged Version of the Written Submissions on The Petroleum (Exploration, Development and Production) Bill, 2017 (page 1- 10) And The Energy Bill, 2017 (page 11- 17)
Summary
This briefing outlines proposed amendments to Kenya's 2017 Petroleum and Energy Bills. The submissions advocate for increased transparency through mandatory public notifications, the establishment of a 30-day window for public participation, and the removal of revenue caps for oil-rich counties. It further emphasizes environmental accountability through the 'polluter pays' principle, the requirement of environmental deposit bonds, and the involvement of agencies like NEMA in oversight.
Key insights
- The submissions propose several enhancements to public transparency and information access in the petroleum sector, including requiring the Upstream Petroleum Regulatory Authority to provide information to the public on request and via its website, and mandating that the public be informed of changes to operators, transfers of interest in petroleum agreements, and abandonment of operations through gazette notices, newspapers, and local radio.
- To ensure meaningful public participation in the petroleum sector, the submissions suggest establishing a minimum notice period of 30 working days for decisions or permits that affect citizens, and utilizing county-level citizen participation structures and local media for notifications.
- The submissions argue against the 'automatic ratification' of petroleum agreements by Parliament if no decision is made within 90 days, stating that such a provision undermines Parliament's constitutional mandate to manage natural resources, which are classified as public land.
- Regarding environmental and human rights protections, the submissions propose that the Upstream Petroleum Regulatory Authority be tasked with ensuring contractors comply with environmental laws and uphold human rights, and that a 'sensitivity analysis' be required for non-exclusive exploration permits to protect the environment.
- The submissions propose removing caps on the revenue allocated to county governments and local communities from upstream petroleum operations, arguing that these caps harm oil-rich counties that face the social and economic impacts of the industry while receiving smaller shares of national revenue due to skewed development factors.
- For the Energy Bill, 2017, the submissions suggest aligning the definition of 'Local Community' with the Community Land Act, 2016, and propose that the Cabinet Secretary provide 30 working days for public comment on geothermal resource license applications.
- The submissions emphasize the 'polluter pays' and 'precautionary' principles for the energy sector, proposing that operators be legally required to clean up polluted environments at their own expense and that an environmental deposit bond be established to prevent the state from bearing cleanup costs.
- The submissions recommend that the Cabinet Secretary, in consultation with the Commission on Administrative Justice, publish regulations regarding the manner of accessing information, methods of public consultation, and grievance redress processes for both the petroleum and energy sectors.
Cite the original document
- APA
- Natural Justice (n.d.). Abridged Version of the Written Submissions on The Petroleum (Exploration, Development and Production) Bill, 2017 (page 1- 10) And The Energy Bill, 2017 (page 11- 17). https://naturaljustice.org/wp-content/uploads/2018/03/Petroleum-Bill-Abridged.pdf
- Chicago
- Natural Justice. Abridged Version of the Written Submissions on The Petroleum (Exploration, Development and Production) Bill, 2017 (page 1- 10) And The Energy Bill, 2017 (page 11- 17). n.d. https://naturaljustice.org/wp-content/uploads/2018/03/Petroleum-Bill-Abridged.pdf.
- Wikipedia
- {{cite report |author=Natural Justice |title=Abridged Version of the Written Submissions on The Petroleum (Exploration, Development and Production) Bill, 2017 (page 1- 10) And The Energy Bill, 2017 (page 11- 17) |url=https://naturaljustice.org/wp-content/uploads/2018/03/Petroleum-Bill-Abridged.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{naturaljusticendabridged, author = {{Natural Justice}}, title = {{Abridged Version of the Written Submissions on The Petroleum (Exploration, Development and Production) Bill, 2017 (page 1- 10) And The Energy Bill, 2017 (page 11- 17)}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2018/03/Petroleum-Bill-Abridged.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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