New twist in wind power projects fight

The fight between the Energy Ministry and private power producers over the exploitation of wind energy in Northern Kenya is now spilling to the floor of the National Assembly.

This follows a query on the slow implementation of projects that were expected to further unlock the region’s vast potential. 

North Horr MP Adhe Wario has asked for a statement from the Energy Committee on the continued delays in the implementation of proposed wind power projects in the region that were proposed more than a decade ago. 

This adds a fresh twist to a multi-year fight between the Ministry of Energy and one of the firms that has proposed to develop a wind power plant in the region over the disclosure of information on all approved wind power projects in Marsabit County. 

The Ministry has twice been ordered by the High Court to make public all power projects that are underway in Marsabit, with the latest court directive being in April this year.

This had come after the Ministry failed to honour a similar order by the courts, as well as the initial directive by the ombudsman.

Gitson Energy, the proponent for the 300 megawatt (MW) project, which was once struck off the list of firms with approvals to build power plants in the area but reinstated through a 2021 court order, has been seeking a guarantee that it has been reinstated and its electricity is guaranteed offtake once construction is done and starts power generation. 

Being in the list of power projects approved by the Ministry is one way of ensuring that, hence the reason why the firm has been pushing the Ministry to make public approved projects in Marsabit.

Electricity generation

North Horr MP now adds a different dimension to the push and pull for the exploitation of wind power potential in northern Kenya, with his concern being the continued delays in the implementation of projects that could bring about huge change to his constituents.

This is even as the power plants further enhance the country’s energy mix and push closer to being 100 per cent renewable. 

His request to Parliament’s Departmental Committee on Energy will further put pressure on the government to move forward, with some of the projects proposed to be developed in Marasabit, where research shows it has some of the best wind regimes for electricity generation.

“I wish to request a statement from the Chairperson of the Departmental Committee on Energy regarding the non–non-utilisation of wind power potential in North Horr Constituency,” said Wario in his request to the committee.

“North Horr Constituency is the home to Bubisa, Hurri Hills and Elgade wind farm sites and power projects that were  conceptualised to tap into the renewable energy resources of Marsabit County.”

“In as much as feasibility studies undertaken on the wind power confirmed the viability of these projects, their significant potential remains untapped. Notably, Bubisa wind farm power project records wind speeds of 11 metres per second (m/s) with stable wind regimes, ranking it among the most viable regions for wind energy generation in sub-Saharan Africa.”

Wario noted that despite the region having a unique resource, it is being squandered, with what could be the fiercest wind regimes in the region, with the capacity to power hundreds of households and industries, currently only blowing up dust.

“The utilisation of the wind farm power projects has the potential to contribute to key national development priorities, including the support for industrialisation under Kenya’s Vision 2030, improve access to affordable and reliable energy under the Bottom Up Economic Transformation Agenda (Beta) and the attainment of Sustainable Development Goal seven on affordable and clean energy,” said Wario.

“It is against this background that I request a statement from the chairperson of the Departmental Committee on Energy on… plans in place to tap into the wind power potential in the Bubisa, Hurru Hills and Elgade Wind Power projects, including the steps taken towards licensing and development of the projects.”

Studies have shown that Marsabit County has strong and steady winds that can be tapped for electricity generation.

When preliminary studies were being undertaken for the Lake Turkana Wind Power Project, the project proponent had been measuring wind speeds and frequency in the Project area for over six years.

The firm, according to its Environmental Impact Assessment, found “the average wind speed in the project area has been recorded to be 11 metres per second (as compared with a high average in Europe of seven metres per second)”.

The 300MW Lake Turkana Wind Power Ltd remains the only wind power plant in the area, which is also the largest wind farm in the region.

There are, however, several firms that have proposed putting up power plants in the area. These include the Kenya Electricity Generating Company (KenGen), which plans to build a wind power plant in Marsabit, with an initial capacity of 200 megawatts that will be ready in 2028.

Land allocation

Later phases of the project are expected to see the plant’s power-generating capacity increase to 1,000MW, making it the largest planned wind farm in Africa so far.

Gitson Energy’s Bubisa wind power project in Marsabit County had its initial regulatory approval in 2010 but has faced difficulties in getting the project off the ground due to a multiplicity of factors.

The project faced opposition from the community, which claimed irregular land allocation.

It also faced regulatory hurdles, which saw it struck off the Ministry’s list of approved power projects being developed in the area, which meant that the firm could not secure a Power Purchase Agreement (PPA) with Kenya Power.

It has been fighting with the Ministry for this recognition, with the Ministry having been ordered twice by the High Court to make public all power projects that are planned in Marsabit County, with the latest court directive being in April this year.

This had come after the Ministry failed to honour a similar order by the ombudsman.

The firm had in 2022 requested the ministry for the information on the projects in Marsabit as of December 31, 2021, through the Access to Information Act and Article 35 of the Constitution. 

The Ministry, however, did not furnish the firm with the information.

Gitson Energy in March 2023 made a complaint to the Commission on Administrative Justice (ombudsman), which on April 5, 2023, wrote to the Ministry, reminding it of the pending access to information request and urged it to respond. 

The Ministry would, however, not respond, prompting the ombudsman to issue an order on October 12, 2023, requiring the Ministry to facilitate access to the information “within seven days from the date hereof”.

Further non-compliance saw Gitson Energy move to the High Court in December 2023, where it sought a court order to compel the Ministry to adhere to the Ombudsman’s directive.

On April 10 this year, High Court Judge Bahati Mwamuye ruled that the Ministry should furnish Gitson Energy with the list of firms undertaking power projects in Marsabit within 30 days.