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"speaker_name": "Hon. (Eng.) Gumbo",
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"content": "reality is that a lot of times our people, who by right are really the owners of resources, are some of the poorest in this country. Hon. Temporary Deputy Speaker, what this amounts to is extremely rich a few literally sucking dry the blood of the majority of our people. This is what we must avoid; if this Bill is to achieve anything, we must avoid what we have seen. We have seen in recent times the pictures that are emerging from Migori where underage school going children are exploited by very greedy international merchants. It s the same thing in Taita Taveta, it is the same thing in Bondo and all over the place. Hon. Temporary Deputy Speaker, I think the other problem we have had, as the people of Kenya, especially the successive governments--- The truth of the matter is that successive governments in our country have been less than transparent in the manner of mapping and exploitation of the natural resources of our country. The other day I attended a conference in Kisumu and I was surprised that it is possible--- Way back 50 years ago, this government knew that Rarieda Constituency, where I come from, might have commercial deposits of Titanium. Why is this information being handled in such an opaque manner? As the very greedy few have embarked on exploiting our natural resources, what is sad and what you see everywhere is how carelessly they go about it, especially with regard to the wanton destruction of the environment. Here it is not just about the exploitation of minerals, any one of us who has had the opportunity to see where, for instance a new road is being constructed---The carelessness with which road constructors utilize resources in those areas is amazing. An example is the extraction of murram; you see ugly scars all over. You will know that a new road is being constructed in a certain part of Kenya by seeing many ugly scars that will dot the landscape. Hon. Temporary Deputy Speaker, the law is very clear that once you exploit a resource like murram--- This is an easy to access resource Provisions on restoration of environment exist. I think even as we enact this law, we must ask ourselves, as a country, what is it with Kenya that we seem to have such good laws, but when it comes to enforcing them we seem to have a problem? I do not want to go back to what has been said by two speakers before me on the powers of the Cabinet Secretary (CS). But, I think the one point that we must at all times be concise about when we come to exploiting natural resources is the proficiency of the supreme law under Article 71. If you get the foundation wrong, because exploiting natural resources is like building a house--- It is clear under the provisions of Article 71 of the Constitution. Hon. Temporary Deputy Speaker, if you permit me, I will read Article 71 (1) (a). It states:- “Transaction is subject to ratification of Parliament if it involves the grant of a right and concession by or on behalf of any person, including the National Government to another person for the exploitation of any natural resource of Kenya.” The operative word there is “any” natural resource of Kenya. I am saying this because of, for instance, the many court battles that have been going on with regard to mineral exploitation. Some of the agreements came into effect after the new Constitution came into force. Then the question must be asked: How come then these agreements were not brought to this House for ratification as required by the supreme law? I think the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}