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{
    "id": 604885,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/604885/?format=api",
    "text_counter": 597,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Hon. Temporary Deputy Speaker, I beg to move that the Natural Resources (Classes of Transactions Subject to Ratification) Bill, 2015, which seeks to give effect to Article 71 of the Constitution, be read the Second Time. Article 71 of the Constitution requires Parliament to enact a legislation to provide for the natural resources, classes of transactions subject to ratification on account of the fact that such transactions involve the grant of a right or a concession by or on behalf of any person to another person for exploitation of the natural resources of Kenya. The national Government and the companies involved in such transactions have been signing contracts without agreements being ratified by Parliament. What Article 71 of the Constitution is saying is that as companies – be they local or international –sign contracts based on the usage of extracted natural resources, Parliament must be given an opportunity to ratify those agreements. Article 71 of the Constitution of Kenya changed this and requires us to ratify agreements relating to the usage of natural resources. Part I of this Bill mainly deals with preliminary matters, namely the title and definition of terms. Clause 3 provides for the scope of the application of the Bill. This Bill shall only apply to transactions falling under Article 71 of the Constitution, entered into or after the effective date. Therefore, Clause 3 provides that all transactions that will be entered into upon the assent to this legislative proposal must be subjected to parliamentary ratification. This involves the national Government, the county government and other government entities such as parastatals. Part II of the Bill deals with the different classes of transactions which are subject to ratification by Parliament under Clause 4(1) of the Bill. Those classes of transactions are set out in the Schedule which is attached to this Bill. Clause 4(2) of the Bill gives us the different classes of transactions that are exempted from ratification by Parliament. Therefore, you will find specific transactions in this Bill which are exempted from ratification. It lies with the Committee and the House either to agree or disagree during the Committee of the whole House stage. Part III of the Bill deals with submissions of agreements by the beneficiary to the Cabinet Secretary (CS) for Environment and Natural Resources. This is with regard to 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."
}