Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 640712,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/640712/?format=api",
    "text_counter": 152,
    "type": "speech",
    "speaker_name": "March 29, 2016 SENATE DEBATES 18 Sen. Murkomen",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, I am glad to second this very important Motion on the Mediation Committee Report. This Bill is long overdue. It is important in dealing with matters of minerals and mining. Under the new Constitution, we are in a new regime. Mr. Speaker, Sir, finally, when we pass this Bill, the communities residing around mining areas will have a legal framework under which their rights will be protected. They will participate in so far as the matters of minerals are concerned. One of the most ingenious contributions of this Bill is the provision related to the community. I represent a county where there is fluorspar mining and that was one of the reasons I fully supported and worked in a committee that was working on the Benefit Agreement Bill that was sponsored here and moved by Sen. (Dr.) Zani. Therefore, I understand the problems that our people go through. In counties like Turkana, Baringo, Elgeyo-Marakwet and West Pokot, mineral prospecting, mining and extraction of oil is going on in the absence of a proper legal framework for the protection of the legal community. I am happy because the agreed version of the Bill captures the concerns of the Senate and those of the National Assembly. This is the only way we can protect the communities around the mining areas. As I speak, fluorspar mining has been stopped. The reason it was stopped is because there is no legal framework for holding the company to account for every licence they have. They just operate as they wish. The uniqueness of the Bill before us is the fact that it recognises the uniqueness of minerals in so far as they are God-given resources and that whoever is licensed to prospect, should not operate in a manner that holds others to ransom. Such a company cannot blackmail the community. Mr. Speaker, Sir, as I speak, fluorspar mining is closed. The local community that was benefiting from it in terms of job opportunities and business around Kimalel area is now suffering. The owner of the firm closes or opens as he wishes. Under this law, that will no longer happen. They must answer to the institutions established and, in particular, the Mining Corporation. This is the institution that will uphold the rights of the people of Kenya in any mining areas. They can withdraw a licence from a company that is pretending to be mining, but carrying out mining for the sake of it. Holding licences for hoarding and prospecting without use for the benefit of Kenya will no longer be allowed. Therefore, they will be held liable and possibly their licences cancelled. This is the kind of Bill that we need if we have to progress in the next two ways. It will help us raise revenue for use in running the country’s affairs. Secondly, the locals will benefit and there will be transparency in the manner in which mining will be carried out. Licences will no longer be a preserve of a Cabinet Secretary where he can wake up one morning and grant or withdraw them. It cannot be a basis of corruption that has been there but, instead, transparency will be achieved. Mr. Speaker, Sir, I congratulate the Chair and the Mediation Committee that passed this important mediated version of the Bill. I also congratulate you, you the Speaker and the National Assembly Speaker for giving us a working parliamentary system as anticipated in Article 110 of the Constitution. We had a lot of challenges in the beginning. Like any new institution, there were many people who did not recognise the importance of this House. However, it is through these kind of Bills that give us the joy The electronic version of the Senate Hansard Report is for information purposes"
}