KNCHR tasks energy companies to entrench human rights standards in their operations

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Human rights

The Kenya National Commission on Human Rights (KNCHR) has called on energy companies to entrench and adhere to human rights standards by protecting host communities and workers’ labour and health rights.

The commission tasked the companies not to repeat concerns of human rights violations witnessed during the fossil fuel era of community displacements, inadequate compensation, forceful evictions and increased environmental pollution.

According to Commission Central Regional Coordinator Ruth Getobai, clean energy companies should undertake due diligence and grievance mechanisms within their operations for a harmonious existence with the host communities. Getobai, while addressing company representatives in Naivasha, said the commission has recently received numerous complaints on violations of employee rights and inadequate employment quotas for host communities.

The coordinator said the commission has continued to sensitise and build capacities of companies to adhere to the National Action Plan on business and human rights on the protection of individuals and communities from business-related human rights abuses. The plan adopted in 2022 guides businesses on the measures needed to meet their responsibility to respect human rights in their operations and a pathway to access judicial and alternative remedies for victims of violations.

With Kenya leading in the race for renewable energies, Getobai said companies should strive to address and handle complaints and grievances from affected host communities with a humane and human rights lens. In addition, she tasked companies to comply with the country’s laws and regulations from agencies such as NEMA and public health to minimize runaway pollution of environmental and health concerns.

She lauded the strides local companies have made in adhering to human rights issues and standards during the implementation of their projects which have led to shared prosperity with host communities. “The commission will seek legal redress against companies that continue to violate human rights standards on communities’ land acquisition, labour rights, compensation, discrimination although as a last remedy”, said Getobai.

On his part, Dr. Joseph Kibugu, the African Manager at the Business and Human Rights Centre said Kenya’s adoption of the Action Plan on Business and Human Rights sets the pace in ensuring companies adhere to human rights standards in their operations. Dr. Kibugu said the country has sufficient legal and regulatory framework that if fully enforced will ensure companies are held to account for human rights violations and local communities are protected and rake benefits from resources.

He added that the pace of clean energy sources will see increased demand in mineral-rich areas where companies must comply with set standards on community displacement, compensation, protection of labour rights and adequate employment quotas for affected community members.

“There is a need for more budgetary allocations to regulatory bodies including NEMA that will give them the muscle to reign in companies and businesses that violate human rights standards”, said Dr. Kibugu. He added that companies should also undertake human rights due diligence on foreseen harms to mitigate them as well institute remedy interventions to cushion them from financial burden in future judicial interventions.

Thanks to the government’s commitment to investing in renewable and clean energy sources over the years, it has seen over 80 per cent of energy connected to the national grid is sourced from clean energy. The country has diversified its clean energy to solar, wind and geothermal sources with over 900MW of electricity emanating from them.

The investments have seen Kenya lauded for taking strides that will lead to the realisation of a 100 per cent transition to clean energy by the year 2030 as well as clean cooking sources by 2032. The Rift Valley hotbed is estimated to sit on more than 10,000 MW of geothermal sources with KenGen setting the pace at Olkaria geothermal wells and Eburru forest while Geothermal Development Corporation setting foot at the Menengai area of Nakuru.