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Legal battles over land acquisition are creating uncertainty for major wind energy projects in Kenya, potentially hindering the nation's ambitious goal of achieving 100% clean energy by 2030.
A new twist has emerged in the ongoing disputes surrounding wind power projects in Kenya, with legal challenges over land acquisition threatening to impede the nation's progress towards its ambitious renewable energy targets. These disputes highlight the complex interplay between large-scale infrastructure development and community land rights, particularly in arid and semi-arid regions.
The Lake Turkana Wind Power (LTWP) project, Africa's largest wind farm, has been embroiled in a protracted court case since 2014 concerning the irregular acquisition of 150,000 acres of community land in Marsabit County. In October 2021, the Environment and Land Court in Meru ruled that the land titles were irregularly obtained, a decision upheld in May 2023 when the court declined LTWP's application for a review. This ruling effectively cancelled the land titles, though LTWP has since filed a notice to appeal.
Similar land disputes led to the cancellation of the 60.8-megawatt Kinangop wind power project in Nyandarua County in 2016. Local landowners resisted the project over compensation issues and concerns about the health impacts of turbines, leading to protests and ultimately the project's failure.
Kenya has historically relied on imported crude oil and natural gas but has made significant strides in investing in renewable energy sources like wind, solar, geothermal, and hydropower over the past two decades. The country aims to achieve 100% green energy by 2030, a goal reiterated by President William Ruto. Approximately 90% of Kenya's electricity is currently generated from renewable sources.
The Kenya Vision 2030 project, announced in 2008, set a target of generating 23,000 MW of power through renewable sources, including 2,036 MW from wind power, by 2030. To facilitate this, the government introduced policies such as the Feed-in-Tariff (FiT) Policy and the Renewable Energy Auction Policy (REAP). The 2021 FiT Policy applies to renewable energy plants not exceeding 20 MW, while projects larger than 20 MW, including most wind and solar initiatives, are procured through competitive auctions under the REAP.
Key stakeholders in Kenya's energy sector include the Ministry of Energy and Petroleum, the Kenya Electricity Generating Company (KenGen), Kenya Electricity Transmission Company (KETRACO), Kenya Power and Lighting Company (KPLC), and the Energy and Petroleum Regulatory Authority (EPRA). KenGen, a 70% government-owned entity, is the leading power generator, contributing about 60% of the country's electricity.
Indigenous communities, particularly those in areas earmarked for wind projects, have consistently raised concerns about inadequate consultation, lack of free, prior, and informed consent, and insufficient compensation for land. These issues have led to prolonged legal battles and social unrest, as seen with the Lake Turkana Wind Power project.
The ongoing land disputes pose significant risks to Kenya's renewable energy ambitions. They can lead to project delays, increased costs, and potential financial losses for investors. Furthermore, such conflicts can erode trust between communities, developers, and the government, making future energy projects more challenging to implement. The inability to trade carbon credits due to land disputes, as reported for one major project, also highlights a financial implication for developers.
While the courts have ruled on the irregular land acquisition for the Lake Turkana Wind Power project, the final outcome remains uncertain due to ongoing appeals. The extent of compensation for affected communities and the long-term impact on their livelihoods are also areas of ongoing concern and negotiation. The division among affected communities over compensation and benefits further complicates resolution efforts.
The outcome of the ongoing appeal regarding the Lake Turkana Wind Power project's land titles will be crucial. Additionally, observers will be keen to see how the government and developers address community engagement and land rights in future wind power projects, such as KenGen's planned 1000 MW facility in Marsabit. The effectiveness of the Renewable Energy Auction Policy in mitigating such disputes will also be a key area to monitor.
Kenya's commitment to renewable energy extends beyond wind, with significant investments in geothermal and solar power. However, these projects also face challenges related to land rights and community engagement, underscoring a broader need for robust frameworks that balance development with social equity.
