The Assessment of Nuclear Energy as a Source of Electricity Generation in Kenya: Legal and Institutional Perspectives

Abstract

Electricity is vital for economic development. Sessional paper no. 10 of 2012 on Kenya Vision 2030 seeks, inter alia, to accelerate economic growth and increase productivity in all sectors. Consequently, the country will require more electricity to realize the vision to meet the increase in energy demand from growth in industrial and domestic needs. The government is in the process of including nuclear energy in its electricity mix owed to the energy security it is capable of providing. Despite the move towards nuclear energy, the existing legal and institutional framework does not address some of the challenges with nuclear power generation, such as nuclear power plant safety and non-proliferation of nuclear weapons. Therefore, the study analyses the role of nuclear electricity in the emergence of clean energy to increase grid electricity to provide energy security and the need to have changes in the legislative and institutional framework governing nuclear electricity. Respondents from key government state departments and agencies, including Nuclear Power and Energy Agency, Ministry of Energy, Ministry of Environment and Forestry, National Environment Management Authority, Energy and Petroleum Regulatory Authority, Kenya Power and Lighting Company, KETRACO, Rural Electrification, and Renewable Energy Corporation, County Assembly of Mombasa and the National Council for Occupational Safety and Health were interviewed across the energy and environment sectors using semi-structured questionnaires. The methodology used included gathering primary and secondary data like books, publications, journals, and speeches. This study found that the existing legal framework may require review to address the challenges of the role of nuclear electricity to fulfil energy security, the regulatory requirements for siting a Nuclear Power Plant, environmental consequences and public perception and participation. Its recommendations highlighted the need to develop nuclear management institutions like the Nuclear Safety Authority, Nuclear Radio-protection Authority, Nuclear Radiological and Waste Authority, and even regulations for siting.