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"content": "discussing natural resources. You may remember the Natural Resources Benefit Sharing Bill, 2014. For example, concerning benefits that need to go to the community, we already have that Bill. We just need to fast-track it through the National Assembly so that communities benefit. The importance of this Bill is that it rationalizes the use of natural resources and gives provisions specifically for that to happen. It also gives the Cabinet Secretary the leading role in ascertaining specific ratification processes. What is the underlying reason therefore, for this transaction and their ratifications when it limits exploitation especially by foreign entities so that you do not have foreigners engaging without supervision in large scale level of extracting? Sometimes they just come from foreign agencies and also as local individuals. So, beyond a particular sum, it is very important that citizens are protected from that level of exploitation. Whether that exploitation comes from within or without, it must be addressed and it also helps to protect the heritage of Kenyans. At the end of the day, they can benefit from specific natural resources. Of course, through ratification which is an official way to confirm by promoting or going through a process by a vote, it needs to be very clear that such ratification is important. First, it is an official way of doing it. Secondly, in this case, Parliament can look through and ratify just not through debate but usually through a specific vote. Therefore, Members of Parliament (MPs) will be cognizant of the facts that go on in any discussion and give appropriate ratification. That form of formal validation is important. We have a process of formal validation of a law. We already have a law in place. However, it is not carried highly because this is a very broad sector. In many cases, you might find that people run away with quite a lot. Therefore, it is important that formal validation is done even though we already have a process law. Madam Temporary Speaker, Article 71 of the Constitution is clear. It states that Parliament shall enact legislation providing for classes of transactions subject to ratification. As one of the Senators said earlier, this law needed to have come into place much earlier. However, we are happy it is coming into place now. Among other things, this Act applies to any transactions entered into after the effective date. So, this will be immediate. The act applies to any transaction involving all actors. All levels have been considered; the national Government, county governments, state organs and all county government entities. So, all the levels of these players have to be considered at the various points. Madam Temporary Speaker, Clause 4 gives a list of areas that are not subject to ratification. It is important that apart from having the Schedule that gives areas for ratification, we also have those which do not require ratification, for example, at sub- clause 2(b), the grant of a concession or right by a private person to exploit natural resources through an agreement or contract. So, at a specific level, when somebody has an agreement or contract and they are at an individual level, they can continue with the extraction of the natural resources. Where a grant of a concession or right to exploit a national resource is for scientific research, education, non-commercial purposes, it has already been provided for. When it comes to the partnership that exists in educational institutions, especially, for scientific 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"
}