Safeguarding rights of energy, oil products user good for economy

Kenya is experiencing an energy revolution, with 9.5 million Kenyans now connected to electricity.  

Photo credit: File | Nation Media Group

Kenya is experiencing an energy revolution, with 9.5 million Kenyans now connected to electricity. A further 5,000 public schools, public institutions, private hospitality establishments, and hundreds of homes are also on course to acquire liquid petroleum gas reticulation kits, reducing their reliance on polluting fuel.

Even though in nascent stages, electric mobility has experienced an upsurge, with 2,694 new units registered between July and December 2023, bringing the total number of electric buses, trucks, motorcycles, salon cars, and bikes to 3,753. Kenya is also experimenting with hydrogen energy, with six firms registered in the past year to explore the green energy product for scaling across the country.

According to the latest 2023/24 Bi-annual Energy and Petroleum Statistics Report, significant developments have been made with renewable energy sources holding 84.93 percent of the energy generation mix.

While the numbers are impressive, consumer rights must be protected as we aim to fulfil the commitment of a 100 percent clean energy transition by 2030. Embracing a rights-based strategy that ensures safety, access to quality goods and services, and fair compensation for losses or injuries, is important.

It is crucial for proactively advancing consumer protection within the energy and petroleum sectors, both in the policy formulation and implementation phases.

Firstly, while access is key to promoting the uptake of energy products, safety and quality assurances must guide all activities by private dealers to ensure that no harmful product is sold. To achieve this, it is incumbent on consumers to purchase products from licensed vendors only. Licensing protects consumers by ensuring that safety standards are adhered to.

Secondly, because Kenya is a liberalised economy, regulations exist to protect customers from exploitation and exposure to unfair business practices.

Thirdly, when installing electrical works such as wiring, consumers are expected to engage the services of a licensed electrician to offer electrical or solar photovoltaic installation works.

The objective of regulating electrical contractors, electricians, and solar photovoltaic workers is to protect consumers from electrocution and dangerous accidents.

Consumers and sector players must be at the forefront of championing consumer rights through proactive and preventive approaches. As we ponder protecting consumers and balancing stakeholder interests, it should not be lost on us that prevention is better than cure.

Consumers' right to protection from consuming sub-standard petroleum and LPG products requires continuous LPG compliance inspections and fuel marking monitoring programmes, which are done through multistakeholder collaboration. Such programmes assess compliance with regulatory requirements, operational safety standards and risk management.

For instance, monitoring in partnership with local country and law enforcement officials curbs illegal refilling of unauthorised LPG brands while fuel marking ensures the quality and safety of fuel for local and export markets. Fuel marking uses a unique identifier in the form of a bio-chemical liquid to detect the presence of adulterants or export-bound products in the domestic market.

Consumers of energy and petroleum products cannot fully enjoy these inalienable rights without an effective complaints and dispute-handling mechanism. They have the responsibility to ensure that their rights are met by reporting any malpractices and non-conformities to EPRA, whose mandate is to ensure that consumers, investors and stakeholders are protected from unfair practices.

To promote consumer proactiveness, EPRA has been carrying out public education and advocacy to augment the aforementioned consumer protection efforts while promoting responsible and informed consumer behaviour and compliance with the laws and regulations governing the sector.

Continuous engagement, consultation and empowerment of the consumers within the energy and petroleum sub-sectors effectively contribute to informed consumer choices.

Consumers and sector players must be at the forefront of championing consumer rights through proactive and preventive approaches. The regulator then investigates complaints, accidents and incidents to deter non-compliance and protect the consumers within the sector. 

The writer is Deputy Director of Public Education and Advocacy at the Energy and Petroleum Regulatory Authority.

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