Advancing transparent disclosure in petroleum governance: a comparative study of the transparency provisions in the model petroleum agreements in Kenya and Nigeria

Natural resources, especially oil and gas, play a pivotal role toward the socio-economic development of a country. However, despite makings steps towards maximizing the full socio-economic benefits of oil production activities, several countries are still marred with mismanagement of the revenues that emanate from the oil and gas sector. Scholars have argued that one of the enablers of mismanagement of public resources is the aspect of governmental secrecy and lack of transparent and accessible information on petroleum contracts entered between governments and the oil companies. The deeply entrenched culture of secrecy has thus led to poor resource governance in several African countries, with Nigeria being a prime example. Though Nigeria has been in oil and gas extraction for a longer period of time in comparison to Kenya, it has not however achieved good resource good governance due to non-disclosure of the contracts. Concerns are already emerging that Kenya, though still in its infancy extraction stage, is closely following the footsteps of Nigeria in terms of transparent disclosure of fiscal terms, which may ultimately hamper its quest for good resource governance. This thesis examines gaps in Kenya’s petroleum contract which may hinder transparent disclosure of fiscal and other important sustainability information by oil and gas companies. It thus argues that if not comprehensively addressed, lack of transparent disclosure of fiscal terms in Kenya may hamper good resource governance just as it is the case in Nigeria.
A Thesis submitted in partial fulfillment of the requirements of the Degree of Master of Laws, at Strathmore University
Transparent disclosure, Petroleum governance, Model petroleum agreements_Kenya and Nigeria