By Sharon Kiburi
Nairobi, Kenya: Kenya’s national development agenda and international climate change obligations align with the proposal to commence construction of a nuclear power station between 2026 and 2027, with operations scheduled to begin in 2034. Identification of focus areas of national relevance incorporates environmental effect considerations.
The Kenya Nuclear Power and Energy Agency (NuPEA) is leading a project to develop potential nuclear power plant sites in Kilifi and Kwale counties. The Kenyan government is also investing in expanding the national power grid to enhance electricity access, especially in rural areas. This involves building new transmission lines and substations.
The energy transition is unavoidable in a dynamic and ever-changing world. For most Kenyans, the path to more efficient energy may come at a high cost to communities near industrial plants. In a constantly evolving and dynamic environment, the energy transition is imperative. However, the journey toward more efficient energy sources for most Kenyans might significantly impact communities near industrial facilities.
The NuPEA is a government agency responsible for overseeing the development of Kenya’s nuclear power program. Kenya plans to construct a 1,000-megawatt nuclear power plant in either Kilifi or Kwale counties, and it is expected to be operational by 2034. Additionally, a research reactor for training and education will be built by 2030.
“Are unjust energy transition pathways putting the lives of Kenyans at risk?” exclaimed Muturi wa Kamau, Programs Manager at Community Action for Nature Conservation (CANCO) and Coordinator of the Kenya Oil and Gas Working Group (KOGWG), he was speaking during the annual general meeting at the West Lerruat Hotel, Nairobi.
Kenya’s energy transition, according to Muturi, necessitates firm government backing, dedicated funding channels, and efforts to diversify economic opportunities through job creation and partnerships.
Moreover, Muturi said that alternative technologies such as Solvatten, which uses solar technology to provide clean water access, promote sustainability, and align with energy transition principles, can be adopted.
During a three-day workshop organized by the Kenya Oil and Gas Working Group from January 30th to February 1st, 2024, community representatives, NGOs, and CSOs expressed their concerns regarding the potential impact on health and livelihoods resulting from the development of a nuclear power facility in their respective areas. These representatives, representing various stakeholder groups, highlighted their apprehension during the workshop’s deliberations.
At the session, Muturi presented an outline of Oxfam’s Energy Transition Scoping Study in Kilifi, Kwale, Taita Taveta, and Kajiado counties. The report investigated Kenya’s strategy to mitigate the effects of climate change by presenting the policies and legal frameworks designed to lead the energy transition, the key players involved, the problems encountered, and the groups affected by an unjust transition. The study highlighted the communities directly affected by the oil and gas industry’s energy transition.
Engineer Laura Muniafu is an expert in extractive beliefs “There are four pillars to be considered in a just energy transition, namely, sustainability, access, efficiency, and security, for a just energy transition is easy to define and challenging to implement. Decolonising the transition pathways is vital to the process” Eng. Muniafu emphasized.
Kenya’s electricity generation relies on various technologies, such as geothermal, wind, solar, hydro, and thermal plants. “The country currently generates around 3,300 megawatts of power, while the demand is about 2,200 megawatts. This represents a significant improvement from the power shortages experienced in the 90s,” stated George Alura, an engineer with over fourteen years of experience and the CEO of the Electricity Sector Association of Kenya.
Currently, a significant majority of Kenyans have access to electricity however, the cost of power remains a pressing issue. Western Kenya faces specific challenges in terms of transmission capacity.
It is projected that in 2035, Kenya will be able to have and run a nuclear power plant if it follows all the necessary steps religiously. “A nuclear power plant poses a unique challenge of steady demand because, once you turn it on, you need it to run consistently,” explained Eng. Alura.
The proposed National Nuclear Policy 2022 envisions Kenya achieving scientific and industrial leadership by building a globally competitive infrastructure, human resources, and skills for peaceful nuclear science and technology. “However, this must be done in a coordinated, systematic, safe, and secure manner,” stated Lawyer Nelson Mudibo, an extractive specialist.
Furthermore, lawyer Mudibo stated that the Nuclear Regulatory Act of 2019 creates a comprehensive framework for regulating the safe, secure, and peaceful use of atomic energy and nuclear technology, as well as the production and use of radiation sources and radioactive waste disposal.
The policy and legislation establish a timeframe for achieving full regulation between 2020 and 2035, and the mother statutes outline the process for developing these regulations. “It is too early to determine whether there are gaps and loopholes in the law, as specific nuclear regulations are yet to be developed to allow critique from relevant stakeholders,” Mudibo, the lawyer for the plaintiffs, said.
Kenyans are debating whether nuclear energy solves the country’s energy crisis. During the three-day workshop organized by the KOGWG from January 30th to February 1st, 2024, representatives of various stakeholders, including CSOs, community representatives, and NGOs, expressed their concerns about the potential impact on the health and livelihood of developing a nuclear power facility in the areas.
“We must prioritize the safety and well-being of our community; therefore, the proposed nuclear power plant poses far too significant a threat. The potential hazards associated with this project are simply too immense to ignore, firmly stated James Katama, who hails from Matsangoni ward in Kilifi County.
James, also the Chairperson of the Sokoke Community Forestry Association in Matsangoni, is concerned about the potential impact of a nuclear power plant on their conservation efforts. He believes that the risks outweigh the benefits for his community. “First, the plant could affect the environment in unpredictable ways. Secondly, families living in the proposed areas would be required to relocate, which would significantly impact their daily lives. Finally, the plant could also adversely affect their fishing activities.”
Meanwhile, Muchira Ng’ang’a, an ICT expert from Kiambu County and a passionate advocate for renewable energy, stated that Kenya still needs to fully explore all available energy sources. Ng’ang’a believes nuclear energy should be a last resort, not a hasty solution for the country’s trendy appearance. Instead, he suggests that biogas and wind still need to be significantly utilized as power sources in Kenya.
Further, Ng’anga said that investing in renewable energy sources presents an excellent opportunity for Kenya to reduce its carbon footprint, enhance energy security, generate new jobs, and safeguard the environment. “The time has arrived for Kenya to embrace sustainable energy solutions and pave the way towards a brighter, cleaner future, ” expressed Ng’ang’a.
Concerned Kenyans, especially communities in the areas proposed for building the nuclear power plant, are debating whether nuclear energy solves the country’s energy crisis. During the three-day workshop organized by the Kenya Oil and Gas Working Group from January 30th to February 1st, 2024, representatives of various stakeholders, including CSOs, community representatives, and NGOs, expressed their concerns about the potential impact on health and livelihood of developing a nuclear power facility in the areas.
Contentious talks on the proposed nuclear power facility in Kilifi County, Kenya, have sparked opposing viewpoints aimed at producing meaningful conversational contributions to Kenya’s just energy transition.
In the recent case of Save Lamu & 5 others v National Environmental Management Authority (NEMA) & another [2019] eKLR, the petitioners raised various issues, including how the project would negatively impact the environment. Notably, the decision was in favor of the petitioners. “If the case ruling is anything to go by as a precedent, the ruling can be termed evidence that energy exploration also ruffles a person’s feathers, and the court recognises that,” said a lawyer in Nelson Mudibo, an extractive specialist.
Mudibo believes that Kenyan law is dynamic and constantly changing to meet the demands of its citizens and the public interest. “Laws governing the energy sector are currently being reviewed on a constant basis in accordance with international best practices and safety precautions. As a result, the laws may contain loopholes that are constantly reviewed,” noted lawyer Mudibo.
The Kenyan Constitution’s Fourth Schedule specifies county and national government roles. The national government has priority rights in energy-related concerns. Furthermore, while investigating diverse energy resources may result in cash generation, ensuring equal sharing of money or benefits is necessary.
