The Strathmore Law School hosted a colloquium on ‘Policy and Law for Renewable Energy in Kenya’ on Friday, April 23, 2021. The colloquium was intended to improve lawyers’ knowledge and skills in dealing with policy objectives, as well as in the implementation of renewable energy projects in the energy sector. From the feedback received, this colloquium met and surpassed the participants’ expectations, and it was indeed a deep encounter with rich knowledge in this sector.

The global challenge of balancing climate obligations with energy security, as well as Kenya’s obligation to pursue energy equity while protecting the environment, were key highlights of the discussion by the first panel of experts. Critical questions on the economic and practical aspects of renewable energy projects were delved into by the second panel of speakers. Below is an overview of the main points raised during the colloquium.

Energy security

The first keynote speaker, Dr. Eddy Wifa (Aberdeen University) gave an insightful presentation on energy security in the context of climate change in Africa. He advocated for an energy plan to assist Africa recover from an energy crisis and address the energy quadrilemma of balancing social accessibility, economic wellbeing, energy equity and environmental sustainability.

Mr. Alfred Oseko (Regulatory Affairs Manager KenGen) provided an overview of the renewable energy governance framework in Kenya and the Ministry of Energy’s (MoE) objectives in the energy sector in order to meet the national economic goals. He highlighted the challenges and prospects at each stage of the renewable energy project implementation and urged lawyers to take advantage of the opportunities available throughout the renewable energy value chain.

The first panel, constituted by Ms. Clarice Wambua (Climate Finance Expert); Dr. Robert Kibugi (Land Use and Environmental Law Senior Lecturer and Dr. Erick Komolo (Local Content Expert); delved into Renewable Energy and Carbon Markets; Environmental and Land Considerations in Renewable Energy Projects; and the Place of Local Content in Renewable Energy Projects.

Institutional Framework

The second panel was led by experts from the regulator, the Ministry of Energy and sector practice. Mr. Robert Mahenia (Deputy Director Legal Services EPRA) kicked off this session by explaining the sector arrangement under the Energy Act 2019, as well as their respective roles.

 Ms. Nduta Njenga (Oxford Fellow) provided an overview of all actors involved in the power purchase agreement (PPA) negotiation, their respective obligations and the risk allocation between the main parties, the project company, and the off taker.

Mr. George Aluru (Solar and Wind Projects Expert), our third panelist, highlighted the core works of SOWITEC (a solar and wind power developer) as solar and wind energy developers and detailed the interests and concerns of the various parties in a contract.

Mr. Hanningtone Amol (ALP East Africa), our final panelist, discussed default, non-default, and termination remedies.

Ms. Purity Wangigi (Lecturer, Strathmore Law School) and Ms. Eva- Maria Okoth (Programme Officer, Natural Justice), who moderated the colloquium, thanked the guests and attendees for honoring their invitation and sharing their vast knowledge on renewable energy law.

This article was written by Purity Wangigi and Eva Maria Okoth.

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