ports account for 0.06% and 0 respectively of the global trade.

“Only commercial buildings and huge residential projects such as the gated communities currently install solar water heaters. For other home builders, it is business as usual. Why solar heating programme collapsed

By Ngugi Njoroge

When the government formulated regulations making it mandatory for real estate developers, home owners and institutions to install solar water heating systems in 2012, the aim was to reduce reliance on the national grid and encourage use of renewable energy.

However, the rules initiated by the Energy Regulatory Commission (ERC), now re-branded the Energy and Petroleum Regulatory Authority (EPRA), were repealed by Parliament two years ago following a public outcry throwing the plan into disarray.

MPs removed the mandatory Energy (Solar Water Heating) Regulations imposed by the regulator in 2012 with a view to protecting owners of residential buildings who had protested the extra cost imposed on them.

Apart from owners of at least three-bedroom homes with hot water use exceeding one 100 litres per day, the rules also targeted educational institutions such as colleges and boarding schools (20 students), health institutions (hospitals, health centres and clinics), hotels and lodges, cafeterias and other eateries, hostels and laundries (20 kg of clothes).

To implement the regulations, the rules imposed a fine of up to Sh1 million or one year in prison.

Energy providers such as Kenya Power were also required to decline connecting buildings without solar water heaters to the grid.

They averred that the regulations violated the Statutory Instruments Act, which concerns government’s delegated legislation, and that imposition of a fine for those who failed to comply was also bad in law since it was done without express authority provided for in the enabling legislation.

The home owners’ main grievance was that the cost of installing the solar water heaters, which cost between Sh125,000 to Sh2 million (depending on the vendor), was prohibitive.

Before the MPs’ intervention, the regulator had in 2018 started conducting compliance visits on buildings under construction and random spot checks on premises to ensure compliance with the regulations. This was after a six-month extension expired at the end of November 2017. Apart from the parliamentary action, Nakuru-based developer Nalinkumar Shah had also secured an injunction against the rules arguing EPRA and Energy Cabinet Secretary Charles Keter had infringed on his right to own and use property. “The Cabinet Secretary, via the Ministry of Energy, had not presented a memorandum providing justification for the rules before drafting, although they are going to put a heavy financial burden on the public,” he told Justice Anthony Ndungu. The EPRA’s withdrawal of the mandatory requirement from homeowners to install the solar water heaters, however, left dealers with huge stocks they had no market for.

“Only commercial buildings and huge residential projects such as the gated communities currently install solar water heaters. For other home builders, it is business as usual. I know of a dealer who had about seven million solar water heaters in their warehouses, which they are still struggling to find a market for,” said Henry Nyamboki, a Nairobi-based realtor.

The EPRA is still reworking the solar water heating law but even this will not offer much relief to the dealers since the residential homes provided a big chunk of the market.

The new regulations will exclude residential home owners and institutions and only cover the commercial building owners.

Early this year, then EPRA Director General Pavel Oimeke agreed that some of the concerns raised by home owners were justified.

“We found that if you have retired and spent all your money on your retirement home, you may not be financially able to install the solar water heater,” Oimeke said.

The EPRA concluded receiving public views on Draft Energy (Solar Photovoltaic Systems) Regulations 2019 but the process of finalising them appears to have been impacted by the Covid-19 pandemic.

Solar water heating equipment installed on the roof of a house. Government rules requiring homes and schools to install the facilities have been met with resistance.

Energy providers such as Kenya Power were also required to decline connecting buildings without solar water heaters to the grid.

Protect Water Towers, urges Tobiko

By Staff Reporter

Environment Cabinet Secretary Keriako Tobiko has vowed to restore all the degraded water towers in the country.

He has also promised to ensure that 35, 000 hectares of the Mau Complex land that has so far been reclaimed from land grabbers and illegal occupants is Gazetted. “As at November 2019, the Ministry had managed to reclaim over 35, 000 hectares of land from illegal encroachments,” said the CS.

During the period, illegal forest occupants were forcibly evicted from the water tower to pave way for planting of more indigenous trees that were fast facing extinction due to prolonged human exploitation for agricultural and commercial interests.

The Mau Conservator Franklin Misonge who accompanied Tobiko said rehabilitation of the forest is ongoing and over 200, 000 tree seedlings have been planted to fill gaps created by the logging.

They said the government is committed to ensuring there is at least 10 percent forest cover to mitigate against possible drought escalation.

The Aberdare Range which acts as the main water tower for the populous Mt. Kenya region has equally been affected. Roads infrastructural development along the edges of the forest is a threat because most trees are expected to be cut down.

A Sh30 billion Mau Mau road will cut through Aberdare forest to link Murang’a and Naivasha via Nyandarua.

Researchers from the universities of Oxford, Nairobi and Amsterdam have expressed reservation against the project but Kenya Forest Service Conservator Dennis Kerengo says it will boost the region.

The Murang’a based conservator expressed optimism that the project will be of great importance and was not meant to degrade the environment.

“The Kenya National Highways Authority (KeNHA) has given it a green light,” he said.

There will be two tarred sections cutting across the Aberdare forest while the existing Thika-Magumu highway in Kiambu set to be expanded will consume more of the forest.

The new sections commence from Kigumo and Gatanga constituencies through the forest to join Njabini in Nyandarua County.

Charcoal burning and timber harvesting has also been reported in the forest, hence depleting more forest cover.

Burning of charcoal is the main cause of forest fires that consume large tracts of indigenous forests whose trees take very many years to reach maturity. The Mau and Aberdare water towers will be cleared unless serious conservation measures are taken.

Human activities have been singled out as a major cause leading to degradation of the vast water catchment resources.

Julius Malombe, Water Towers Agency Board Chairman. The Mau forest provides approximately 60 per cent of the water that drains into Lake Victoria and supports most of the livelihoods downstream.

Vihiga moots Disaster Bill

Roy Hezron

The Vihiga county government will enact a law to ensure proper management and handling of disasters.

The law will also ensure accountability of money allocated to handle various disasters that face the county.

The County Disaster Management Bill, 2020 Bill to be sponsored by Dominic Baraka, the Chairperson Environment, Water and Natural Resources Committee has, however, not been introduced in the County Assembly.

It is basically meant to establish an efficient structure for the management of disasters and emergencies; and to enhance the capacity of the county government to effectively manage the impacts of disasters and emergencies. It will ensure necessary action to prevent or minimize threats to life, health and the environment from natural disasters and other emergencies.