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{
    "id": 664655,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/664655/?format=api",
    "text_counter": 283,
    "type": "other",
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    "speaker": null,
    "content": "Government to hide the exact resource that they will receive. We will now have transparent agreements that will be vetted and interrogated by Parliament, to ensure that those resources are transparent and applied for the benefit of the country. Mr. Temporary Speaker, Sir, I speak with passion because I come from an oil producing county, where oil has been discovered. Two weeks ago I was in that particular spot, a place called Chepsigot in Keiyo South, where Tullow oil company explored and established the preliminaries that there is possibility of commercially viable oil in that area. Our people are anxious because in areas where oil is being discovered, there has never been land adjudication from the past. There is now a stampede by all kinds of people, rushing to that region, with the hope of getting land. Others even think that once they get a piece of land, whatever oil fields that will be discovered, will be part and parcel of their oil. Somebody was jokingly telling locals to buy jerry cans and drums ready for storage and sale of their oil. Mr. Temporary Speaker, Sir, it is important to remind Kenyans that the Constitution provides clearly that the land where oil and minerals are discovered is public land. This law now operationalizes that principle in the Constitution which provides that in terms of accessing land that is originally private, then there must be agreement between the Cabinet Secretary, the Ministry and the owner of that land for access to exploration and production of oil. If an agreement is not reached, then compulsory acquisition will be done in a manner that will ensure the interest of the people who own that land is protected. Therefore, it is important to tell our people that it is not right to imagine that they will be owners of oil fields because that is part and parcel of public land. It is also important that this law provides for the benefits of locals. The sharing of petroleum resources according to Clause 85 is critical because it provides that the national Government shares off the profits for having dealt with producers and producing companies. The county governments share shall be equivalent to 20 per cent of the national Government’s share. Elgeyo- Marakwet is one of the counties that get little resources from the national Government allocation and division of revenue. Right now, there is a greater incentive in ensuring that exploration is done because 20 per cent of the profits are going to remain within Elgeyo-Marakwet County. Can you imagine what kind of developments are going to make a difference in the county? It is not enough that this law is provided for here. We, as the Senate, must strengthen the institution of counties because some counties may lack absorption capacity for those resources while some may not have enough capacity to deal with oversight related matters. Can you imagine if a county is struggling with managing Kshs1 billion development fund, what will happen when they have to manage oil revenue of about Kshs1 billion. There must be clear laws beyond what is provided here. There must be proper legal framework that the Senate will have to think through to ensure that the resources are part and parcel of county revenue funds. They are not going to open an account separately. The available funds must go to the county revenue fund so that they are accounted for and the Controller of Budget will have a say and the Auditor-General will have access in auditing so that the resources are not misappropriated. 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"
}