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{
    "id": 479847,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/479847/?format=api",
    "text_counter": 252,
    "type": "speech",
    "speaker_name": "Hon. Okoth",
    "speaker_title": "",
    "speaker": {
        "id": 12482,
        "legal_name": "Kenneth Odhiambo Okoth",
        "slug": "kenneth-odhiambo-okoth"
    },
    "content": "your land that you bought as a private citizen and now you have discovered hidden value in it through minerals, it is yours for private benefit. That should be the key principle. We have good examples in other countries from which we can learn. These are places like Alaska in the United States as well as Australia, where previously marginalized people, namely, the native Americans in Alaska and Aborigines in Australia, who were marginalized and the poorest of the poor people in the peripheries of those countries’ economy lived. When serious mining industries came to their lands and properties, trusts and revenue sharing formulas and ownership by communities on those lands and partnership and shareholding in the mineral development was done in very good ways, so that those communities were lifted out of generations of poverty and indignity and they now receive annual loyalties and shareholding dividends because of the mining that has happened in their areas. Any mining that is going to happen in Kenya in a big way, whether we are talking of such areas as Kwale or anywhere else in this country, should be done with the same formula. The Committee should take its time and the Members of this House should dedicate their resources to study the examples. I am sure we can get friendly support from even the Embassy of the United States of America to provide us with sample laws and documents from their countries and even experts to come and testify to our committees here. We do not have to travel there. We could ask for the same help from the people of Australia through the Australian High Commission to give us experts and tell us what their experience is. They should give us the dos and don’ts and what they have experienced over the years that we can adopt here in Kenya. A second key issue that I wanted to raise when I look at this Mining Bill is the issue of devolution. I am a firm believer in devolution as the only hope for this country, for all the Kenyan citizens to feel that they are benefiting from the national Government and the resources of this country. Sadly, this Mining Bill that has been pushed here mentions the county government only one time. For a document that is almost 100 pages to mention the county governments only one time, it tells you that this Bill was drafted before devolution became a reality. I am sure the 47 county governments led by their governors and their county assemblies and the people that they represent will want to have a say in the manner in which the Mining Bill reflects the reality of devolution and the aspirations of our people through our Constitution, which established a devolved system of government. My position is that we must come up with a formula in which revenues generated from mining must be shared in a clear and predictable manner between the county governments and the national Government. We talk about taking development to the grassroots and urging our county governments not to just rely on allocations from the national Government. If we come up with a clear set of regulations and a formula for sharing money with the county governments, especially the counties where the wealth of mineral resources will be found, that will be a very important step taken forward. The third point that I would like to share is the issue of licences and the granting of the power to revoke or withdraw licences or even just to grant the power. Sections 12, 31, 146, 147 and 148 amongst others clearly vest all the rights and the powers to review and receive applications, to negotiate, grant, revoke, suspend and review mining rights licences permits and to set regulations of the operations of the mining sector in this 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."
}