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"id": 629575,
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"speaker_name": "Hon. Katoo",
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"legal_name": "Judah Katoo Ole-Metito",
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"content": "exploration. We are exploring natural gas, coal and wind. Therefore, taking five years to publish an energy policy is not a long time. However, it requires all the energy sectors to be fully exploited, especially with the use of technology, and have an integrated energy policy for this country. This also concerns counties and, therefore, a lot of consultations will be done between the two levels of Government. A five-year period is not a long time. Clauses 4 to 8 deal with the issue of review of the energy policy. There are different energy sources such as downstream petroleum, coal, renewable energy and electricity. Those sources of energy need to be reliable. Therefore, good research has to be done. Clause 7 also imposes an obligation on the Government to provide cheap and affordable energy to all persons in Kenya. You will agree with me that the cost of electricity in this country has always been very high, to the extent of even affecting the cost of doing business in this country. There is a need to look into achievable and reasonable rates that will be affordable to all persons. We have seen some Executive directives that try to lower electricity tariffs but, in most cases, they have not been adhered to. The energy sector is global. The prices and the cost of energy are controlled globally. At times, the President issues directives on the energy tariffs and then, something in the external environment triggers the rise in energy tariffs which are not realistic. That is the import of Clauses 6, 7 and 8. With regard to the issue on the high cost of doing business, it is important that we disseminate that information and guidelines to the potential investors in this country, especially those in the energy sector. We also need to come up with good energy infrastructural development in accordance with the law. Clause 10 of the Bill establishes the energy regulatory authority. It will be managed by the board and chaired by a person appointed by the President. There will also be a director- general appointed by the board. That authority will be responsible for, amongst other things, regulating generation, importation, exploitation, transmission, distribution, supply and use of electrical energy, protection of consumers, investors and others stakeholders’ interests. It will also be responsible for certifying energy managers, licensing energy auditors and coordinating development and implementation of a national energy efficiency. The only concern I have is in Clause 12 which talks about the composition of the board of the authority. Clause 12 (1) (a) states that the chairperson shall be appointed by the President. Clause 12 (2) outlines the qualifications for appointment as the chairperson. Clause 12 (1) also talks about other members of the board such as the Principal Secretary of the responsible ministry, one executive county member responsible for energy and petroleum appointed by the Council of County Governors and a director-general who shall be the secretary of the board. My concern is about the five other members, not being public officers, appointed by the Cabinet Secretary. There needs to be specifications on the fields of expertise of those five members. It is not enough to leave it that way. I hope at the next stage, the Committee will come up with amendments to correct this. It is good to consider this Clause together with Clause 26 which establishes the Energy and Petroleum Tribunal. In Clause 26 (b), other members making up the tribunal include five persons possessing knowledge and experience in petroleum and energy matters. Therefore, in Clause 12 (e) with regard to the five board members that will be appointed by the Cabinet Secretary, there needs to be specified qualifications as to what kind of persons the Cabinet Secretary is going to appoint. The Bill proposes to have an Energy and Petroleum Tribunal, which shall consist of not more than seven members. It will have the jurisdiction of hearing and determining all matters The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}