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{
"id": 1384002,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1384002/?format=api",
"text_counter": 834,
"type": "speech",
"speaker_name": "Dagoretti North, ODM",
"speaker_title": "Hon. Beatrice Elachi",
"speaker": null,
"content": "government entities, determine and review the amount of royalties and fees payable. You will find the same Clause in the Mining Act of 2016. And that is what has been happening. Even for communities that have those minerals, we need to agree. We passed a Mining Act 2016 in this country. Is it possible to see whether the implementation of that Mining Act has been taking place? Is it working for the people, or is it working for the owners of the different mining companies that we have? When you now come to a benefit-sharing agreement, this is where we need to agree. The benefit-sharing agreement in Part IV states that every affected entity shall enter into a benefit-sharing agreement with the relevant county government, before exploiting a natural resource in the affected county. It means that in the Mining Act of 2016, someone is already handling this. So, for you to come within that agreement as a community and with the relevant county government, and before you even do that exploitation, you must sit down. So, as we pass this Bill, we have to look at the overlaps of the law within the Mining Act, 2016, and this Benefit Sharing Bill, so that we do not find ourselves in conflict every time. When we sit down, we realise the Regulations in the Mining Act,2016 are already guiding us, just as this law is about to guide us. It also says that the benefit-sharing agreement shall include non-monetary benefits that may accrue to the county and the contribution of the affected entity in realizing the same. Is the affected entity the community, or is it the national Government? It has to be very clear. I know we have very many communities. Look at the Njemps in Baringo. With all the rubies they have there, they have never benefited. Today, they are in a war. They are in banditry and yet, under the ground, they have a natural resource that can transform the whole of Baringo. That is why the Government has to be clear and willing to commit itself to working for the communities that own those lands. Hon. Temporary Speaker, we are told that each county with a natural resource to which this Act applies shall establish a county benefit-sharing committee. However, I know there is also a committee in the Mining Act of 2016. How will they work? I want to tell the Senate that it is important to look at both. If you want Kenyans to benefit from this, it is important to look at all these Acts so that the law does not become a barrier to the intended beneficiaries after doing all the good work that we are doing. You will be surprised that some of the functions here are the same as others. It says: \"In consultation with the respective local community and upon conducting public participation, negotiate the terms of a benefit-sharing agreement.\" The law is there to help and to facilitate, not to bring back people again to start negotiating. We have to help and facilitate them. In the Mining Act of 2016, there are percentages that have been put. There is 40 per cent and 60 per cent, as Hon. Mishi was saying. But then, in the end, if we are sitting down in a joint benefit-sharing agreement, yet we thought the law was to cure that so that we do not find ourselves in a cycle of back and forth, the communities will still run to court to express disagreement. Now, the courts will again be the ones assisting them in unlocking and interpreting the law, which I know is their work. However, as Parliament, it is important that when we make a law, it is explicit and clear so that any layman can read and benefit from it. Lastly, Hon. Temporary Speaker, as much as we are giving the counties all the powers that we would wish, let us agree to assist counties by looking at what the Mining Act, 2016 has. It is clear that the national Government has a lot of power. Therefore, if we are saying land is with the counties, then let the counties be more involved in this than even the national Government. With those few remarks, I beg to support, but we should ensure that we have clear amendments and no overlapping on the two laws."
}