Fossil fuel extraction, use, and industrial agriculture are among the largest contributors to the global climate crisis. The combustion of fossil fuels produces significant amounts of carbon dioxide (CO2), the most abundant greenhouse gas in the atmosphere. Despite international commitments to combat climate change, transitioning from fossil fuels to green energy remains a significant challenge, especially with agreements like the Energy Charter Treaty (ECT) promoting fossil fuel investments.
Kenya’s involvement with the ECT, a pro-fossil fuel investment agreement, undermines its efforts to transition to green energy. Former Cabinet Secretary Alfred Keter signed the treaty on behalf of Kenya in 2017, signaling Kenya’s interest in this retrogressive agreement. The ECT Secretariat has since actively expanded its influence, targeting Global South countries, including Kenya, Tanzania, and Uganda, with promises of bolstering energy portfolios.
Hope Okuthe, Project Officer for Africa Energy Access and Transition Initiative at Pan Africa Climate Justice Alliance (PACJA), warns that agreements like the ECT contradict Kenya’s climate goals.
“The ECT protects fossil fuel investments, which directly hampers efforts to achieve a low-carbon future. By signing the ECT, Kenya risks compromising its existing climate commitments. At a time when we are striving to reduce emissions and mitigate climate change effects, protecting fossil fuel investments will delay phasing out these harmful energy sources,” says Okuthe.
She emphasizes that vulnerable communities bear the brunt of climate change through extreme weather events like floods and droughts, often leading to widespread infrastructure destruction.
Globally, while 53 countries are signatories to the ECT, at least 10 nations have withdrawn to safeguard their citizens and uphold their climate commitments.
ActionAid International Kenya’s Programme and Strategy Lead, Samson Orao, highlighted the importance of adhering to the Constitution of Kenya, particularly Chapter One, which emphasizes the sovereignty of the people. Speaking with members of the Kenya Young Parliamentarians Association (KYPA) on investment agreements, Orao urged lawmakers to critically scrutinize such treaties.
“Parliament must question whose interests these treaties serve and what they mean for citizens. Public participation is vital in the ratification process, as outlined in the Treaty Ratification Act,” said Orao.
He pointed to public concerns around investments such as Adani, Kenya Airways, and Kenya Power, underscoring the need for transparency and accountability.
Alex Rienye, Executive Director of LECC Baraza, stressed the importance of equipping legislators with adequate knowledge to represent public interests effectively.
“CS Keter’s signature entered Kenya into a non-binding political document, initiating a process to accede to the legally binding ECT. This highlights the need for public participation and awareness to prevent binding agreements made without adequate knowledge,” Rienye explained.
As the world focuses on addressing climate change, ActionAid is advocating for climate justice, particularly against multinational corporations pushing fossil fuel investments in the Global South. The upcoming COP 29 in Baku, Azerbaijan, presents an opportunity for countries like Kenya to demand increased investment from major polluters toward mitigating climate impacts.
“Kenya and other Global South nations are minor contributors to global emissions yet face the most severe consequences, from prolonged droughts to devastating floods,” Orao added. “We demand sufficient funding for climate change mitigation and adaptation, with polluting nations investing significantly in localized solutions.”
Parliament must hold the executive accountable and ensure all treaties and agreements align with public interest. Protecting Kenya’s climate commitments requires rejecting backward agreements like the ECT and prioritizing green energy investments.