A Critical Review Of Kenya’S Legal Framework On Transparency And Accountability In Oil Exploration And Extraction

Abstract

Many countries can attribute their development to financing through the extractive industry. However, there are many risks related to the extraction of natural resources. This research reviews the effectiveness of the legal regime as regards transparency and accountability initiatives in exploration and extraction of oil, a natural resource, in Kenya. The study examines the role of access to information as a key factor in ensuring that there is transparency and accountability The study also examines the legal regime, policy and institutional frameworks in place and the efficacy of contractual agreements in relation to the exploration and extraction of oil deposits and the implication of transparency and accountability initiatives to such contracts between the government and other stakeholders in the industry. The study reviews jurisdictions that have grappled with issues of extraction of natural resources and the link to corruption, poverty and conflict; measures that have been put in place to further avert such concerns. In this regard, the study critiques the current Petroleum (Exploration and Production) Act, Cap 308, Laws of Kenya and the proposed Petroleum (Exploration, Development and Production) Bill, 2015 and Access to Information Act, 2016 with regard to transparency and accountability initiatives and suggests reforms in our laws to provide for transparency and accountability