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"id": 1523012,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1523012/?format=api",
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"type": "speech",
"speaker_name": "Sigor, UDA",
"speaker_title": "Hon. Peter Lochakapong",
"speaker": null,
"content": "mining area, so that the Council of Governors does not just appoint somebody from anywhere. We must add the provision that the person should be from a gold-mining area. That is my thinking concerning that matter. On consideration of applications, Clause 31(g) says: “The applicant's proposal with respect to engaging in community investment is socially responsible.” I have a problem in measuring “socially responsible.” This is where we are coming closer to having a relationship between the person applying for a licence and a community. That, his engaging in community investment must be socially responsible. So, that is something that we must be certain what it is about, so that when we talk about this Bill to our people, we know what is in it that we are passing. Part IV, Clause 36(1) says: “The holder of a processing licence shall enjoy the exclusive right to carry out processing operations in respect of the gold or the gold deposits specified in the licence within the area specified, subject to the provisions of this Act and the terms and conditions set out in the licence.” From my understanding, we will run into problems when somebody will be given an area to operate then he dictates terms and conditions to the people there just because no other person will be allowed to operate there. The people who will be supplying or selling gold to the person with the processing licence will not be allowed to take their gold anywhere else. So, there will be a big problem. Once somebody has been licenced, he will have the exclusive right to carry out processing operations in respect of the gold within the area specified. Clause 36(3) says: “A person appointed by the holder of a processing licence to act as an agent of the holder may exercise the rights of the licencee under the licence, subject to any limitations on the powers of the agent contained in the instrument of appointment.” You know, in this country, mining is largely done by cartels. For example, in West Pokot where I come from, particularly in Sigor, we have illegal mining going on. There is collusion between the illegal miners and people in the Ministry of Mining, right from the regional offices in Eldoret to the headquarters in Nairobi. They undertake these illegal activities with the full knowledge of the people in Nairobi yet they have not satisfied the legal requirements. It is known they do not have mining permits but they are doing mining operations. So, the provision in the Bill that somebody can get a licence and appoint an agent means that people can sit in Nairobi, do their documentation and get everything needed to obtain a processing licence then send people to the area that they will be allocated. That is not going to be good. If somebody gets a processing licence, he should go and do the job that he has been licenced to do. In West Pokot, we must pronounce ourselves on environmental degradation. It must come out clearly in the Bill. I know it is something in some sections..."
}