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{
    "id": 473316,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/473316/?format=api",
    "text_counter": 279,
    "type": "speech",
    "speaker_name": "Hon. Ganya",
    "speaker_title": "",
    "speaker": {
        "id": 18,
        "legal_name": "Francis Chachu Ganya",
        "slug": "francis-ganya"
    },
    "content": "Hon. Temporary Deputy Speaker, I stand guided. The Bill clearly states that mineral rights in this country belong to the national Government; this is very clear and is stated in our Constitution as well. Also the same law does consider equity in sharing of resources between different levels of government as well as communities; this is clearly stated and provided for within this new Bill. One major flaw in this Bill is too much powers; we are trying to invest in an individual in the name of Cabinet Secretary. It is not healthy for any nation; it is open to abuse and corruption; it really enhances bad practices in this country. It is not good for the governance of any nation. It is not different from what we have in the existing law, where we have the Licensing Bureau basically doing what, in this Bill, a CS is supposed to do. We were informed by good practices all over the world, and got good advice from consultants. I really want to appreciate my Chair for really thinking it wise for us to get consultants who have served in many parts of Africa, and were able to really to inform this committee in terms of what is good practice in any nation. In the light of that, we are moving away from an individual to an institution that we are calling “Mineral Rights Board”. This body will comprise of many Kenyans of integrity and stakeholders, who are active in this sector; it will be involved in regulating the mining sector in Kenya. This is the right thing to do as I said we are informed by good practices in Tanzania, Ghana, Botswana and many other countries where minerals are exploited for the benefit of their citizens. The revenue sharing regime that we are going to propose, as a committee, will ensure that most of the funds will go to the national Government; but the county will have its share as well as the host entity. It will be debated by this House, but we do feel that there should be some equity in terms of sharing the revenues generated from mineral resources in Kenya. As our Chair did clearly state, we are trying to move away from issues of corporate social responsibility, where peanuts are given to communities to enable companies to get the mining licenses and also social licenses. They come up with community development plans, which ensure that they invest resources that are commensurate with the kind of revenues they are going to generate from those counties or host communities. In this regard, we do hope the investors, guided by this law, will invest and ensure that communities in areas with minerals will benefit in a tangible way and not by giving them peanuts in the name of discharging corporate social responsibility. 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."
}