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{
    "id": 593780,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/593780/?format=api",
    "text_counter": 358,
    "type": "speech",
    "speaker_name": "Hon. Ganya",
    "speaker_title": "",
    "speaker": {
        "id": 18,
        "legal_name": "Francis Chachu Ganya",
        "slug": "francis-ganya"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker. Clause 51 was also amended by the Senate. They wanted to have a new sub-clause (2), which reads:- “The Cabinet Secretary shall not unreasonably withhold consent to assign, transfer, mortgage or trade a mineral right and shall inform an applicant of the decision within thirty days of receipt of an application to assign, transfer, mortgage or trade a mineral right.” They further amended the same clause by inserting a new sub-section immediately after sub-section 8, which reads:- “The Cabinet Secretary shall, in consultation with the Mineral Rights Board, prescribe criteria for the conditions required to be met by an applicant for an assignment, mortgage or trade in a mineral right.” As a Committee, we rejected this amendment. This is informed by the fact that the timeframe given is too short for a regulator to carry out any meaningful due diligence on a prospective assignee, especially for large scale projects. Additionally, as a Committee, we considered that introduction of a new sub-clause to provide for such criteria of transferring mortgaging or assigning is already provided for in the Bill, and thus is not necessary. The Senate also amended Clause 53, which we considered. It is about the role of the Kenya Revenue Authority and the work that the Cabinet Secretary (CS) has to do with them. The Senate wanted the CS to submit to the National Assembly and the Senate an analysis of the audited annual financial statements submitted under sub-clause (1). The Senate wanted audited financial statements to be submitted to both Houses of Parliament. The Committee agreed with the first amendment but we rejected the second one about audited accounts, because that is already the work of the Auditor-General and both Houses have a right to documents. We did not see any need for the CS to perform that role. It is already provided for in the Constitution for the Auditor-General to take care of. That takes me to Clause 67, which was also amended by the Senate. This is to inform and consult on an ongoing basis with the national and county governments, authorities and communities about the reconnaissance operations that require physical entry into the land within their jurisdiction. We agree with this amendment from the Senate because it is really important for the two levels of government to consult and ensure that the mining, largely done by foreign investors, goes on smoothly. We felt that this will promote harmony and ensure smooth operations of the mining sector. We agreed with the Senate on that amendment. 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."
}