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{
    "id": 531411,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/531411/?format=api",
    "text_counter": 383,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): Thank you, Mr. Temporary Speaker, Sir. I beg to move that The Mining Bill (National Assembly Bill No. 8 of 2014), be read a Second Time. Mr. Temporary Speaker, Sir, Kenya has been governed for a long time by a mining law that has been in existence for nearly 70 years. It is in connection with that that this Bill intends to replace the law that has applied in this country for so many decades; a law that has been overtaken by events and has become nearly obsolete; the Mining Act, Cap. 306. It is for that reason that The Mining Bill, 2014 also intends not only to replace the Mining Act, Cap. 306, but also to consolidate laws relating to mining which were scattered in two other Bills, including the Trading in Unwrought Precious Metals Act, Cap. 309 and the Diamond Industry Protection Act, Cap. 310. Other than modernizing and consolidating mining laws, this Bill seeks to give effect to a number of key provisions of the Constitution of Kenya. These include; one, Article 60 of the Constitution, which provides for principles of National Land Policy. Two 2, Article 62(1)(f) which in its definition of public land includes minerals and mineral oils. Three, Article 66(2) enjoins Parliament to enact legislation dealing with investments in property for the benefit of local communities and their economies. Four, Article 69 of the Constitution obligates the state to adopt or take into account the following principles and environmental and natural resource protection and management. There is the principle of public participation, the principle of environmental impact assessment, environmental audit and environmental monitoring. There is also the principle of utilization of environmental and natural resources for the benefit of the people of Kenya. With regard to clauses 5 and 6, this Mining Bill gives effect to Article 71 of the Constitution which enjoins Parliament to enact a law to ensure that all transactions regarding natural resource exploitation are ratified by Parliament. Very quickly, this Bill has a number of clauses. I will highlight just a few because I believe that hon. Senators had an occasion to study and scrutinise this Bill. With regard to ownership of minerals, this Bill does not move away from tradition and international best standards. We know that all over the world, minerals are the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}