Abstract
Ensuring a secure, clean, and reliable energy supply for present and future generations has been a prime concern for many governments since the pre-industrial era. With the emergence of the COP27 summit in Egypt, this issue has become more critical as global reserves of conventional energy sources face rapid depletion and associated uncontrolled pollution of the environment. For that reason, to realise sustainable consumption, over the recent past, competition for clean, reliable, secure energy supply has proliferated alongside the developments of sustainable climate and energy policy. Consequently, many governments around the globe have focused their attention on energy policies that are primarily anchored on three main goals of the energy trilemma: security of supply, affordability, and environmental sustainability. While energy policies may appear similar across many African countries, including Kenya, it is essential to examine how these policies can be enhanced through locally relevant frameworks, rather than solely seeking to 'elevate' them to international standards. Thus, the primary purpose of this study is to analyse Kenya's legal framework for implementing Renewable Energy (RE) policies, with a focus on developing wind power through a ―decolonial‖ lens. Specifically, this study examines the rules and regulations governing the location, operations, installations, and planning of wind farm projects in both the UK and Kenya, evaluating how these frameworks either support or inhibit the development of wind farms in each country. The thesis addresses the following question: Is it feasible and desirable to adapt aspects of the UK‘s legal framework to Kenya, while respecting Kenya's unique sociocultural and ecological context? This comparative analysis of the socioeconomic and political environments for Renewable Energy laws in the UK and Kenya is intended to demonstrate that successful legal frameworks must be adaptable to the specific social, economic, and political landscapes of each country, which either enable or challenge the implementation of Renewable Energy projects. Accordingly, the study employs a mixed-methods approach and a case study research strategy to comparatively analyse three case studies: the Kinangop Wind Park Project (Kenya), Ngong Hills Wind Farm (Kenya), and the Clyde Wind Farm Project (UK). Using middle-ground theory, the findings reveal that adapting some aspects of the UK‘s Renewable Energy laws to Kenya could be beneficial, but only with careful attention to Kenya's unique cultural, economic, and environmental needs. The study highlights substantial socioeconomic and political challenges in Kenya, including land acquisition and community issues; inadequate public participation; overlapping and mismatched institutional mandates; financing challenges; corruption; conflicts of interest; and the need for clearer frameworks on community benefits. These gaps—especially the lack of inclusive community engagement—underscore the importance of a bottom-up approach to developing renewable energy (RE) projects that prioritizes local input and benefits. Despite these challenges, factors such as global climate imperatives, shared commitments to international agreements, common-law principles, and the successful transplantation of laws in other sectors suggest that context-sensitive adaptation of foreign frameworks could indeed benefit Kenya. For meaningful progress, Kenya‘s public sector must strengthen the capacity of energy institutions, refine legal and policy frameworks for RE projects, ensure comprehensive socioeconomic impact assessments, and upgrade grid infrastructure. Moreover, the Kenyan government should integrate financial incentives and community-centered approach into the legal and policy framework to support sustainable energy projects. The study recommends improvements on wind farm planning and advocates for localized, strategic planning by the Kenyan government to ensure that all developments align with Kenya‘s environmental, cultural, and socioeconomic landscape.