HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 531417,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/531417/?format=api",
"text_counter": 389,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "The purpose of that task force was to look at licenses that were given especially towards the last general elections. We are told that some as many as 15 licenses were given to one person who has no office, account, money, fixed abode or a single geologist. Therefore, this Bill is trying to do away with briefcase beneficiaries of mineral rights. Mr. Temporary Speaker, Sir, in the interest of time, I will highlight the issue of the administration. The Cabinet Secretary (CS) has been given powers to administer the issue of general administration of this Act. In doing so, the CS is required, first of all, to ensure he or she is acting in accordance with Article 201 of the Constitution. It is in regard to the principles of public finance on openness and accountability, so that you do not use this to collect royalties, fees and charges which you are not accountable for. We have seen how the infamous Goldenberg case misused this royalty system to the detriment of the economy in the 1990s. The CS also, in administering this Act, has the power to make rules relating to how applications for mineral rights will be considered and the issue of negotiations, grant, revocation, suspension or renewal of mineral rights. Under Clause 16:- “The CS may advise or seek the approval of the Cabinet to declare certain minerals as strategic minerals.” There are certain minerals that require a special regime and they are called strategic minerals. He has that power to declare certain minerals as strategic minerals but through the approval of the Cabinet. Clause 17 establishes the Directorate of Mines and the Directorate of Geological Survey at the Ministry headquarters. They must make sure that these directorates are not only filled at the headquarters, but they should have offices in every county to make sure that the people of Kenya have reasonable access to the services they render. Mr. Temporary Speaker, Sir, I want to rush to a number of mining institutions and bodies that have been established. The first one is the National Mining Corporation which has been established in Section 24 as the investment arm of the national Government in terms of minerals. Its purpose is to engage in mineral prospecting and mining and also to invest on behalf of the national Government. This provision has been borrowed from international best practice; South Africa, United States of America, Canada, Australia, China, Indonesia et cetera. These countries have companies that deal with mining so that as you license and permit the private sector, whether Kenyans or foreigners, to prospect and do mining, you have a State Corporation that is also doing mineral prospecting and using the proceeds of that business to invest. That is one way of making sure that the wealth that is found in minerals is protected and harnessed for present and future generations. The other institution that is established under the Bill is the Mineral and Metals Commodity Exchange. The purpose of this institution is to facilitate efficiency and security in mineral trade. Thirdly, there is the Mineral Rights Board which is a very important Board because it has the function of advising and recommending to the Cabinet Secretary, grant, rejection, retention, renewal, suspension, variation, assignment, trading, tendering or transfer of mineral rights agreements. These are very extensive powers. This is so that these issues are not dealt by one person in the name of the Cabinet Secretary, but there is Mineral Rights Board to 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."
}