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{
    "id": 593775,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/593775/?format=api",
    "text_counter": 353,
    "type": "speech",
    "speaker_name": "Hon. Ganya",
    "speaker_title": "",
    "speaker": {
        "id": 18,
        "legal_name": "Francis Chachu Ganya",
        "slug": "francis-ganya"
    },
    "content": "While we felt it was good, we should not have a section of every law addressing the issue of compensation of land. We felt we need to have one law under which every issue to do with compulsory acquisition of land is addressed. On that ground we rejected Senate’s amendment to Clause 40 of the Mining Bill. Clause 41 is another amendment that we considered, and which the Senate amended regarding tendering for mineral rights. On this amendment, the Senate argues that it is very important for the CS in making regulations to appreciate the uniqueness of procurement and tendering process for minerals. They felt that there are unique challenges that have to do with the mining sector and, therefore, the CS in making regulations needs to address the uniqueness of the procurement and tendering in relation to minerals. We felt this was not necessary as there are enough laws that can cater for this and the Senate’s intention was not clear on this particular amendment. On that basis, we felt that deleting of this aspect by the Senate was important for this Bill and we agreed with them. This brings me to Clause 46, which is on employment and training of Kenyans. The Senate came up with a very good amendment, which we concurred with. The argument of the Senate was that investors should ensure that more and more Kenyans are hired and trained. Their argument was that investors should be enabled to bring into the country a good number of expatriates in proportion to their capital investment. We felt that the Cabinet Secretary, in making regulations, should not be bound by this provision. As a result, we agree with the Senate because it is a very good proposal to ensure that more Kenyans are trained, so that they can be employed in the mining sector. Similarly, Clause 47 improves employment for Kenyans and locals. The amendment is to ensure that preference is given to locals as well as Kenyans in general before expatriates. We felt that, that amendment is good and we agreed with the Senate. Clause 49 was also considered by the Senate. It is on local equity participation. In the amendment, the Senate tried to reduce the period within which holders of mining licences can operate; from four years to three years. We felt that reducing that period from four years to three years may not be very conducive, and is not investor-friendly. On that basis, we rejected the amendment because we need to attract more investors into this industry. That brings me to Clause 50, which was also amended by the Senate. They wanted to insert the words “members of the community”. Their argument was that the amendment added 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."
}