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{
    "id": 661886,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/661886/?format=api",
    "text_counter": 269,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Kenya is blazing the trail. We are not the first country to insist on Parliamentary approval. A number of countries have done it. I think this is the way forward and right direction so that all communities understand what it is that some of these contracts entail. I have picked the example given by Sen. Adan where governors are now leasing parks which are listed as natural resources under Article 260 of the Constitution. This should be put to a halt. In fact, there should be a way that this Parliament could pronounce itself and put a moratorium on contracts pending the enactment of this Bill. This is because before this Bill is enacted, many fishy things can go on. You will find people in panic mode to conclude leases and transfer of oil blocks. We have 46 gazetted oil blocks in this country. Mr. Temporary Speaker, Sir, just this year, the Government announced that it will create five additional blocks. There seems to be a rush to sign some of these contracts before this Bill is enacted. If there was a way that we could call for a moratorium on contracts; that the Government shall not enter into any further contracts until this Bill is put in place, it would provide protection for the citizens of Kenya. Part of the natural resources includes national reserves. There is a debate going on right now that more than 200 acres of the Nairobi National Park will be excised to make way for the Standard Gauge Railway (SGR). Many Kenyans have looked at the manner in which the excision is being undertaken and it looks fairly suspicious. The section or part that is being excised, where the SGR will pass, gives the impression that there is a deliberate plan to create land for private speculators and investors of the Nairobi National Park. It is important that this Bill is put in place before that particular matter is concluded. This is also another matter that a moratorium should be placed on, pending the conclusion of this Bill, so that the excision is a matter that has to come to the National Assembly and the Senate. As it is right now, the power seems to be in the hands of the National Land Commission (NLC). The spirit of the Constitution was such that before a natural resource is awarded, cut-off or a contract is signed over it, Parliament, as the representative of the people, needs to be involved in the particular discussion. We gave out about 80 acres for the Southern by-pass, but going forward we must find a way of putting a stay on any negotiation and contract that is currently under discussion, until we finalize this Bill. Mr. Temporary Speaker, Sir, I have an issue with the Schedule that defines the classes of transactions that are subject to ratification by Parliament. The Schedule lists straightforward things which include oil, gas, underground water resources, wildlife and forests. The Schedule also talks about genetic material. Article 260 of the Constitution defines natural resources as including bio-diversity and genetic resources. Therefore, one would expect that this legislation would touch on genetic resources. However, in this country we have the Bio-Safety Act, which establishes the National Bio-Safety Authority and provides it with a series of responsibilities. In this Schedule, the grant of an access permit or material transfer agreement is one of those classes of transactions that require parliamentary approval yet the Bio-Safety Act has laid out elaborate procedures for applications, approval and risk assessment of the two points that have been captured in the Schedule of this Bill. 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"
}