Entry Instance

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

{
    "id": 640762,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/640762/?format=api",
    "text_counter": 202,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Subsection 5 states that 70 per cent of those royalties shall go to the national Government, 20 per cent to the county governments and 10 per cent to the community where the mining operations occur. If you look at the agreed definition of the word “community” in the Mediated Bill is it very broad. It defines it as “a people living in a ward or wards within which minerals are situated and who are affected by the exploration of the minerals or the mining operations with respect to the minerals.” Mr. Deputy Speaker, Sir, using the example of my county, that definition will fit very well within Soi South and Soi North wards where the fluorspar mining is taking place in Kerio Valley. That community will have 10 per cent of the royalties paid by that company to benefit them. Again, Elgeyo-Marakwet County Government would retain another 20 per cent of the proceeds. Assuming that you have a county government that is responsive to the needs of the people, with that kind of money, they can progress. We need to come up with a law to say what that money can do in a county. We do not want them to spend all of it on recurrent expenditure. This kind of money should only go into the provision of water to people, construction of roads, hospitals and other infrastructure development. These are very critical resources. Assuming a company pays Kshs1 billion in royalties every year, it means that Kshs200 million will go to Elgeyo- Marakwet County and Kshs 100 million would go to the local community yearly. The Benefit Sharing Act defines how sharing should be done. However, we need to establish a trust fund. We may use this fund to give scholarships to the needy students in order to promote education of the community. I emphasise on education because people in those areas where mining is done are marginalized. These places have been neglected for a long time. Therefore, many people are uneducated. It is, therefore, important that proceeds from mining support free education in those areas. Mr. Deputy Speaker, Sir, I thank my colleagues here and those in the National Assembly and the Ministry of Mining for coming up with this Bill. In fact, the Cabinet Secretary in charge of Mining called me today to find out how far this Bill has gone. He is anxious to implement it considering that he comes from Malindi County where similar challenges like the one Sen. Musila talked about, are faced. He is a person who appreciates the challenges of marginalized communities where resources are. The people in such areas are marginalized. They have cement factories in their areas yet they do not benefit. With the youthful energy that the Cabinet Secretary in charge of Mining has, and the anxiety to serve given that this is his first appointment to the Cabinet, we have now given him the tools to run the Ministry. We, as politicians, will be around to oversight and ensure that the law is implemented to the letter. Mr. Deputy Speaker, Sir, as soon as this Bill is assented to, the Cabinet Secretary should move with speed to write to all the existing mining companies to immediately comply with it. Secondly, he should write to all who are licence holders who have been holding licences for mortgaging and auctioning, to tell them that there is a new sheriff in town in terms of a new Cabinet Secretary and law. This law is capable of biting and will deal with corrupt elements who have been holding licences to the disadvantage of those who are capable of using to exploit our resources for the benefit of the people of Kenya. I beg to reply and request that, under the provisions of Standing Order No.54(3), you use your discretion provided for under that Standing Order to postpone the voting on The electronic version of the Senate Hansard Report is for information purposes"
}