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"content": "“A mineral right has been granted to or beheld by a person who; (d) has the required technical capacity, expertise, experience and financial resources. However, this shall not be a requirement for artisan and small scale mining operation wholly-owned by Kenyans.” In my county, there are people who are roaming around with licenses. We do not know who gave them. I am told they acquired them under the previous Constitution. They even own where we live. They claim to have mining rights on private land. We have community land and also trust land. It is very dangerous when there are brokers who roam around looking for investors on behalf of communities, yet they are not part and parcel of those communities. No wonder we have problems in countries such as Congo. They are perpetually at war because of people who own licenses yet they do not reside in those countries. Some do not even reside in Africa. This Bill stipulates what is supposed to be done. One must be technically sound and must know what is supposed to be done. Consultation with local residents is key. When this Bill graduates into an Act, these briefcase fellows who have been roaming around with licences should be wiped out. This is because these licences were given to them prior to the promulgation of this Constitution. On page 40, there is composition of the board of the corporation which will be established. It talks about the caliber of people who must sit in that board. The functions of the board are also clearly indicated. On page 43, they talk about establishing the Mineral Rights Board. This board will license companies to mine and direct which areas are supposed to be mined. My county has over 32 different types of minerals. I walk around and see somebody claiming land that they are supposed to be prospecting yet we, as a community, are now aware. That defeats logic. The functions of the board are given here in a detailed manner. Of interest to me is what is on page 51. It talks about mineral rights on private land. It spills over to what Senators, Prof. Anyang’-Nyong’o and Adan talked about. That is Clause 38, on Mineral Rights on Community land. In West Pokot County, for example, we have the largest deposits of limestone. An area that has a lot of limestone in my county is called Sebit-Ortum. It runs for almost 150 kilometres to Nasal, Pokot North. Clause 37(1) says:- “A prospecting and mining rights shall not be granted under this Act with respect to private land without the explicit consent of the registered owner.” What do we do with these people who move around with a licence yet own no title deed? They say they have rights to the limestone on our private farms. I am very happy to have this Bill discussed. I hope that it graduates into an Act soon. With that, we can terminate some of the people that have become a hindrance to foreign investors. Last week we had an investor who came. The very renowned Kenyan investor, Devki Group of Companies wants to put up a cement plant. Somebody emerged from the The electronic version of the Senate Hansard Report is for information purposes"
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