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{
    "id": 640710,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/640710/?format=api",
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    "content": "or interest in such land or area in the Government or on behalf of the Government where the consent required Section 36, 37 or 38 is, then it continues to the end of the clause. The justification for this is that referring to a specific section of a particular law poses a challenge when other laws are enacted relating to compulsory acquisition. Regarding Clause 49, we proposed that Clause 49 of the Bill be amended in sub clause 2 by deleting the word “for” appearing immediately after the words, “exchange within” and substitution therefor the word “three.” The justification for this is that, three years after commencement of the production is sufficient time for the holder of a mining license to trade at least 20 per cent of its equity on a local stock exchange market. This is because we would like the people investing in mining to involve Kenyans by going to the stock market three years after they start production. Also we proposed that Clause 51 of the Bill be amended: - (a) by deleting sub clause 2 and substituting therefor with the following New Sub Clause:- Sub clause 2 The Cabinet Secretary shall not unreasonably withhold consent to assign, transfer mortgage or trade a mineral right and shall inform the applicant of the decision within 30 days of receipt of an application to assign, transfer, mortgage or trade a mineral right. The justification for this is that, 40 days is sufficient time for the Cabinet Secretary to make a decision on an application to assign, mortgage or trade a mineral right. (b) The Committee rejected the Senate proposal to insert a New Sub-Clause 8 (a) which was; the Cabinet Secretary shall in consultation with the Mineral Rights Board, prescribe a criteria for the conditions required to be met by an applicant or an assignment, mortgage or trade in a mineral right. The justification for this is that the criteria for eligibility of mineral rights are clearly provided for in Clause 11 of the Bill. The amendment is therefore, not necessary. Finally, regarding Clause 149, we agreed to retain sub clause 3 of the Bill to read as follows:- (3) All immovable assets of the holder under the mining license shall vest in the Republic from the effective date of the surrender or termination of a license. The justification for this is that, the Constitution in Article 2(1)(f) and 3 classifies minerals as public land which vests on the national Government. The national Government decided to create a National Mining Corporation to also participate in mining and mineral activities as it is in other countries such as Namibia, DRC, and South Africa, among others. It is important that the corporation is equipped properly with the assets to enable it carry out its function. Mr. Speaker, Sir, I do not need to add any more information on this Report because I have already read out the justifications that were deliberated upon. I call upon one of the Members, Sen. Murkomen to second. I nominate him. The electronic version of the Senate Hansard Report is for information purposes"
}