By Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is The African ADR Practitioner of the Year 2022, The African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 2021, CIArb (Kenya) Lifetime Achievement Award 2021 and ADR Publisher of the Year 2021 and Author of the Kenya’s First ESG Book: Embracing Environmental Social and Governance (ESG) tenets for Sustainable Development” (Glenwood, Nairobi, July 2023) and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023) and Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024)*
In order to transition from fossil fuels to clean energy, there is need to eliminate fossil fuel subsidies. According to the United Nations Environment Programme (UNEP), the production and use of fossil fuels in many countries is encouraged through large subsidies. These subsidies are undesirable since they contribute to air pollution and congestion, are a drain on national budgets, often do not reach the poorest households, crowd-out investment in clean energy, and encourage excessive energy consumption.
The IEA observes that the transition to clean energy alternatives remains a challenge in countries where fossil fuel subsidies have still not been phased out. Fossil fuel subsidies are also undesirable since they distort markets and are often ultimately paid by consumers through higher taxes or consumer prices, especially in importing regions. Fossil fuel subsidies are therefore a major hindrance in the global transition towards clean energy.
The COP 28 decision urges all countries to phase out inefficient fossil fuel subsidies that do not address energy poverty or just transitions, as soon as possible towards strengthening climate action. It is therefore important for all countries to face out fossil fuel subsidies in order to embrace the transition towards clean energy.
In addition, it is necessary for all countries to scale up investments in clean energy including renewable sources of energy. It has correctly been opined that generating renewable energy creates far lower emissions than burning fossil fuels. Transitioning from fossil fuels, which currently account for the lion’s share of global greenhouse gas emissions, to renewable energy is key to addressing the climate crisis across the globe. Countries should therefore transition towards renewable sources of energy such as wind, solar, hydropower, geothermal and tidal energy which are prevalent throughout the globe.
The economic, societal and environmental benefits of renewable sources of energy are numerous. Renewable sources of energy are available in abundance, cheaper and are a healthier option for people and the planet. Countries should therefore enhance investments in renewable sources of energy due to their numerous advantages. It is also important for developed countries to support the transition to clean energy sources in developing countries through finance, technology development and transfer and capacity-building. The COP 28 outcome emphasizes that finance, capacity-building and technology transfer are critical enablers of climate action across all sectors including energy transition.
The principle of ‘common but differentiated responsibility and respective capabilities’ enshrined in global climate change instruments including the UNFCCC calls upon developed countries to take the lead in fostering climate action through initiatives such as climate finance and technology transfer to developing countries. Developed countries should therefore enhance climate funding, technology transfer and capacity building in developing countries geared towards transitioning from fossil fuels to clean energy. Further, it is necessary to improve access to electricity and clean cooking.
It has been pointed out that household energy needs entail two components: access to clean cooking facilities and access to electricity. However, access to electricity remains a challenge in many regions of the world especially Africa. The IEA estimates that nearly 600 million people or an equivalent of 43 per cent of the Continent’s population lack access to electricity. It further points out that less than a fifth of African countries have targets to reach universal electricity access by 2030. It has further been pointed out that the Sub-Saharan region of Africa has the lowest rate of access to electricity with just nearly half of the population having access to electricity compared to the global access rate of nearly 90 per cent.
In addition, it has been noted that many people across the world lack access to clean energy sources such as electricity and use polluting, inefficient fuels such as firewood for household chores such as cooking. Progress remains slow in promoting clean cooking facilities especially in Africa with bio-energy sources such as charcoal, wood fuel and dung being the most common source of energy in Kenya especially among the rural population. Lack of access to electricity and clean cooking facilities encourages the use of fossil fuels a situation which contributes to environmental problems including climate change.
It is imperative for all countries to enhance access to electricity and clean cooking facilities through measures such as lowering electricity tariffs, promoting rural electrification and enhancing access to clean energy sources for purposes of cooking such as Liquefied Petroleum Gas (LPG). Fostering access to electricity and clean cooking facilities will enhance the transition from fossil fuels to clean energy. Finally, it is important for all countries to achieve energy efficiency and security.
According to the IEA, energy efficiency is an essential component of energy transitions which provides some of the quickest and most costeffective CO2 mitigation options while lowering energy bills and strengthening energy security. The IEA further posits that energy efficiency is the single largest measure to avoid energy demand in the Net Zero Emissions by 2050 Scenario. In addition, most efficiency measures result in cost savings to consumers, lowering energy bills and helping cushion the effects of unexpected price spikes, a situation that was witnessed after Russia’s invasion of Ukraine.
Energy security on the other hand refers to the uninterrupted availability of energy sources at an affordable price. Long-term energy security mainly deals with timely investments to supply energy in line with economic developments and environmental needs while short-term energy security focuses on the ability of the energy system to react promptly to sudden changes in the supply-demand balance. Energy efficiency and energy security are vital components of global energy transition towards clean energy by ensuring the availability, affordability and security of energy sources.
In the absence of energy efficiency and security, the transition towards clean energy cannot be effectively realized a situation that could result in the continued use of fossil fuels. It is therefore desirable for all countries to achieve energy efficiency and security in order to transition from fossil fuels to clean energy. The foregoing among other measures are pertinent in transitioning from fossil fuels to clean energy.
*This is an extract from the Book: Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024) by Hon. Prof. Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, Senior Advocate of Kenya, Chartered Arbitrator, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Lifetime Achievement Award 2021 (CIArb Kenya), African Arbitrator of the Year 2022, Africa ADR Practitioner of the Year 2022, Member of National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Managing Partner of Kariuki Muigua & Co. Advocates and Africa Trustee Emeritus of the Chartered Institute of Arbitrators 2019-2022. Prof. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2022 and was listed in the Inaugural THE LAWYER AFRICA Litigation Hall of Fame 2023 as one of the Top 50 Most Distinguished Litigation Lawyers in Kenya and the Top Arbitrator in Kenya in 2023.
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