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{
    "id": 661861,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/661861/?format=api",
    "text_counter": 244,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the Natural Resources (Classes of Transactions Subject to Ratification) Bill (National Assembly Bill No.54 of 2015), be read a second time. This is one of the Bills that the Constitution requires to be enacted to give effect to the various general provisions of the Constitution. In particular, this Bill gives effect to Article 71 of the Constitution. That Article provided for the first time in the history of our legal system, that all contracts and agreements which are entered into concerning the exploitation of natural resources, while they might be entered into between people and Government, they must be approved by Parliament. For a long time, the state has enjoyed unfettered discretion with regard to awarding of contracts for the exploitation of natural resources such as minerals, petroleum or natural resources like forestry and wildlife, and the people have not had a chance to have a say in the people who benefit. For example, if the national government is awarding a conservancy to a private person to run and manage wildlife, there must be Parliamentary approval of such a transaction. As we are going to see in some of the proposals in this Bill, the public must participate. Parliament must cause the local community to give ideas on the benefits that they are getting and also to give ideas on how the rights of the beneficiaries of that contract, licence or transaction are balanced with the rights of the local community. It is a very important Bill, very short but very critical. Let me highlight a few provisions in the Bill because at this stage it is a general debate, Second reading stage. I am sure the relevant Committee has already been seized of this Bill and when we come to the Committee of the Whole, they will give us any amendments to it. Mr. Temporary Speaker, Sir, This Bill requires that transactions, contracts and agreements involving exploitation of natural resources in this country must be approved by Parliament. The use of the word “Parliament” here is instructive. It requires that both Houses; the National Assembly and the Senate must approve such transactions. The threshold for the contracts and agreements that must be brought to both Houses of Parliament are established in the Schedule to this Act, and include the following: First, with regard to crude oil and natural gas, any transaction involving authorization to extract crude oil or natural gas, must be approved by the two Houses of Parliament. Secondly, all mineral agreements with a threshold of $500 million and above must be approved by the two Houses of Parliament. Thirdly, the same case applies to water resources and to the extraction of sea water within the territorial sea for private The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}