The Ministry of Energy in Kenya has been given a strict deadline by the High Court to release a certified list of all approved power projects in Marsabit County by May 10, 2025. The order comes in the wake of a dispute between the Ministry and Gitson Energy Limited, a Kenyan diaspora owned company, over the status of the Bubisa Wind Project.
Gitson Energy, which began its Bubisa Wind Project in 2007, conducted extensive feasibility studies and obtained initial approvals from the Ministry of Energy. However, in 2024, the Ministry unexpectedly changed the status of the project from “approved” to “under contention,” despite prior confirmations that it had been approved. This shift led Gitson Energy to seek clarity through legal action.
The company’s legal team raised concerns over the Ministry’s decision, requesting a formal explanation for the sudden change in the project’s status. Gitson’s case highlights the importance of consistency and transparency in the approval process for energy projects in the country.
The High Court’s decision comes after Gitson Energy filed an appeal under the Access to Information Act. The court directed the Ministry to disclose all energy projects in Marsabit that had been approved as of December 31, 2021, further underscoring the importance of transparency in government dealings with energy projects. This order aims to clarify the status of the Bubisa Wind Project and others within the county.
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The Commission on Administrative Justice has intervened, ordering Marsabit County to provide details about a separate 300 MW wind farm project by the China Water and Electricity Company. This ruling underscores the growing demand for transparency in energy infrastructure projects, which are seen as crucial for the region’s development.
Challenges and Delays
Marsabit County, despite being home to Africa’s largest wind power project, the Lake Turkana Wind Power Project is still not connected to the national power grid. This lack of connectivity has hindered the county’s ability to benefit from its vast renewable energy potential.
The government has allocated Sh612 million for the construction of transmission lines to connect Marsabit to the national grid, aiming to reduce reliance on costly fuel-powered generators.
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Projects like the Bubisa Wind Project have been delayed due to land disputes, which have led to further complications. Local politicians have raised objections to the land allocations, causing further setbacks. This issue is now in court, with no clear resolution in sight.
Implications for the Future
The ongoing legal proceedings and administrative actions highlight the challenges facing the energy sector in Kenya, particularly regarding transparency and the coordination between national and county governments.
While Kenya’s renewable energy potential is vast, the lack of a clear, consistent approach to project approval and management threatens to slow down progress.
The situation in Marsabit serves as a cautionary tale of the complexities involved in large-scale energy projects, particularly in regions with contested land ownership and political sensitivities. It also underscores the need for greater collaboration and transparency between the Ministry of Energy, local governments, and private energy companies.
