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{
    "id": 473206,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/473206/?format=api",
    "text_counter": 169,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "relevant community land. Then, there are the mining cadastral to ease the management and to enhance the transparency of the mining. There is the Government participation in large scale mining operations under the Bill. It is given here as the following:- 10 per cent of free carried interest in large scale mineral rights, the local participation through offering for the sale of at least, 20 per cent share holding at a local stock exchange by the large scale operators. The element of environmental protection is also very clearly defined in the Bill. There is the element of the export of minerals and the permits that go with it in terms of export and import permits. Lastly, there is the element of financial provisions which include royalties of the ground rents, withholding fees, the Corporate Income Tax and the dividends from the 10 per cent free carried interest. There is also the capital gains tax to be charged by the Kenya Revenue Authority on transfer of mineral rights. There are fees and royalties to be prescribed by the Cabinet Secretary through regulations. Part VI of the Bill provides for the mineral agreements. Clause 75 gives the Cabinet Secretary the powers to negotiate mineral agreements and Clause 100 provides for the categories of small scale operations. Part IIX provides for the surrender, suspension and revocation of mineral rights on anyone, either private or public. Part X of the Bill contains the provisions on the service rights, disputes and compensations where they arise. Clause 127 sets out the principles of compensation, while Clause 128 gives general provisions for dispute resolutions. Clause 129 provides for the determination of disputes by the Cabinet Secretary, if the House agrees to that in the Third Reading. The Bill also provides for dealings in minerals. Clause 132 provides for the disposal of those minerals and Clause 156 provides for the royalties to be paid. Clause 162 provides for the recovery of those royalties if the need arises; royalties fees and other charges. Finally, this Bill contains miscellaneous sections. It also contains sections for repeals, savings and transitional provisions. All those are catered for in this Bill. This Bill occasions additional expenditure, which shall be provided for through Estimates. So, with the new Constitution of 2010, the Eleventh Parliament and the Ministry of Mining, this country with the many mineral deposits, mainly in the pastoral communities, and with the devolved system of government, this Bill has come at the right time. It is good that it is coming now, so that we can set the stage rolling and put the legal legislative framework in place. If the mineral is in Marsabit, for example, we will see how much of that resource will go to the national Government, to the county government and the people who live in that count, how much will go to the private entities and how much will be left for the other players. So, part of the reasons why we had conflicts in our country based on resources is lack of a legal framework. For instance, it took long for the companies, the local community and the Government to reach an agreement in the coal mining in Kitui. The same happened with the uranium mining in Kwale. There are oil deposits in the great county of Turkana and the many other minerals that are found in Homa Bay and many other counties in our country. This Bill, if it is enacted into law, will remove the confusion on the conflicts that are resource-based. From where they sit, the communities will know their share. From where they sit, the National Treasury that will represent the National Government will know its share as a 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."
}