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{
    "id": 1091253,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1091253/?format=api",
    "text_counter": 201,
    "type": "speech",
    "speaker_name": "Sen. (Eng.) Hargura",
    "speaker_title": "",
    "speaker": {
        "id": 827,
        "legal_name": "Godana Hargura",
        "slug": "godana-hargura"
    },
    "content": "authorities then, who are the holders of the trusteeship. When you come around and see somebody benefiting exorbitantly out of your land, then there is nothing you can do because it is a case of a private developer on private land. The only thing the county government gets is maybe something like Kshs10 per acre of land as land rates per year and nothing else. On the other hand, the developer has mobilized himself, got investors and is making exorbitant amounts of money. For example, a case where a wind firm has been developed and the county government and the community have no share and do not benefit out of it. They do not even get that power because it is evacuated to the national grid, while that county is off the national grid. We are told 15 per cent of the power running this country comes from that county. That is how the current situation is exploitative of the communities. Madam Temporary Speaker, I hope Sen. (Dr.) Zani will look at the situation where it is on private land. Does this law apply when it is solar or wind on being done on titled private land? I believe that time, there is an agreement between the investor and the owner of the land. That is why as communities, we want to register our land and we want to be the ones negotiating directly with these investors, not through this kind of benefits sharing. That will be the best way to go. As it is now, it is better that we still have this Bill. The Commission on Revenue Allocation (CRA) has an important part to play in this Bill. They are supposed to come up with the benefits sharing agreements and also establish the rates of the benefits sharing by doing a scientific calculation of what the production cost, net benefit and how to share it out. I hope investors will agree to that because right now, they do not have it in mind. We might even see a situation where they might start pulling out because they came in with a clear mind that nobody owns the land, they got the title first and they do not want to hear anything about sharing benefits. If you look at the sharing formula, when you calculate, the local community gets 12.8 per cent of what is collected and royalties. So, it is a matter of how much the royalty is because the national Government gets 68 per cent which is the bulk of it, as Sen. Olekina said. The whole of the Sovereign Fund is under the national Government and then they get 68 of the total. The county government and the community will end up with 32 per cent. The calculation is such that the community does not get much, but only 12 per cent. Madam Temporary Speaker, it is good the County Benefit Sharing Committee has five members from the local community in it. The agreement has to go to the county assembly for approval and that is another good check so that the representative of the community at that level approves. It is then deposited to the CRA and the Senate. This is also another line of checks so that we confirm what is being agreed on the ground is something that is in the interest of the community. There is also public participation in making sure when projects are identified, then the community is consulted. The only thing I want Sen. (Dr.) Zani to look at is what happens if it applies to privately titled land because that is where we are going as communities, so that we know which resources it applies to. I know there are resources which the Government claims even if it is on your private land. So, which are these resources? I know minerals below the ground like oil are said to belong to the Government. What about wind and solar which are above the ground? Will it also come after that if we register our land and start"
}