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{
    "id": 640759,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/640759/?format=api",
    "text_counter": 199,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "That mineral is owned by someone from Coast, Central Kenya or Nyanza. How much more must we be careful in protecting the people who live around there to make sure they get employment? The other provision that I love in this Bill is that in terms of employment the first priority should be to the local community whether or not they have the expertise. It is also important to remind the people of Kenya that this law creates two important directorates; the Directorate of Geology Survey and the Directorate of Mines. There will be clear departments in the Ministry that will deal with matters of geology and mines. There will be persons who will manage and those serving in the public service who will be directors in those ministries. They will have responsibilities as enunciated in Clauses 20 and 21 of the Bill. There is also establishment of other mining institutions. In this case, there is the establishment of the National Mining Corporation, a company that can trade and hold certain resources on behalf of the people of Kenya. It is also important for them to appreciate that if a private investor is unable to do anything, it is possible for this public company to take over from the private investor who is unable to continue. I need to sound a warning to the person who has the licence for fluorspar mining that never again shall he threaten our people, close their company and do as he wants. We have now provided for a corporation, which will engage in mineral prospecting and mining, invest on behalf of the national Government on matters of mining and acquire by agreement or hold interest in any undertaking enterprise or projects associated with exploration, prospecting and mining. Therefore, our people will not be watching him helplessly as he closes and opens the company as he wishes. They must answer to the institution established by law that gives the licence. If someone is incapable, unable, unwilling or does not desire to operate with the licence as it is, then, there is a national Government institution that can take over from them and do business just like any other State enterprise recognized globally to carry out that function. Those who have been taking our people for granted must beware of the establishment of the new law. Mr. Deputy Speaker, Sir, the functions of the board are clearly set out. We also have provisions for application of licence, which as I said earlier, must be applied in a transparent manner that requires the knowledge and public participation, which is an important aspect. There will be no possibility of someone knowing the Cabinet Secretary for them to get a licence or getting it through the back door and then later auctioning it. I want to emphasis the provisions related to loyalties in Clause 183. This is critical and it is what I promised the people of Elgeyo-Marakwet County. It is the reason I was part and parcel of the Committee that was considering the Benefit Sharing Agreement Bill that Sen. (Dr.) Zani was leading. As I return back to my people this weekend, I shall talk about Clause 183 of this Bill. I will tell them that they will no longer be by-standers on matters of minerals. They will no longer see others benefiting from resources that are within their area. They will be equal beneficiaries in many ways as provided for in Clause 183. Sub-section 1 of Clause 183 states that the holder of mineral rights shall pay royalties to the State in respect of various mineral classes won by virtue of mineral right. The electronic version of the Senate Hansard Report is for information purposes"
}