Environmental Impact of Oil & Gas Exploitation and Transportation in Kenya in Relation to Article 42 of the Constitution

Abstract

Oil and gas are key ingredients to moving the wheels of development world over, and for Kenya, the realization of Vision 2030 amongst other socio-economic and development agendas. Kenyans depend on it for both domestic and industrial use, industries rely on it as an alternative to electricity and even the electricity generators (Kengen) do rely on oil to produce electricity - when the water levels of the rivers and dams are low. However, as Richard M. Auty in 1993, coined the term “resource curse”, with the great opportunities that we stare at as a country, lies equally great dangers to the environment. The curse, can encompasses the significant social, economic and political challenges that are unique to countries rich in oil, gas and minerals. This also extends to environmental degradation, which often has irreversible consequences. While there are many challenges unique to oil, mining and gas extraction, governments can make policy decisions that help avoid some of the negative consequences of extraction and maximize the benefits. The Constitution of Kenya, provides, as a right, that “Every person has the right to a clean and healthy environment.” This goes to impose a requirement that all human activity, including exploitation of oil and gas resources, must endeavour to protect that right. The resource curse (also known as the paradox of plenty) refers to the failure of many resource-rich countries to benefit fully from their natural resource wealth, and for governments in these countries to respond effectively to public welfare needs- which includes safe, clean and healthy environment. This paper therefore seeks to look into the legislative and policy gaps that the country must fill as it embarks on properly venturing into the oil and gas industry, as lead player in East Africa and Africa as a whole.