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{
    "id": 890556,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/890556/?format=api",
    "text_counter": 358,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "neutral person draft this agreement. The other day, we said that the counties are only generating 13 to 14 per cent of own source revenue. Own source revenue is critical because most counties have failed to meet their targets. There is a Petition that I brought to this House, and I want to use it as an example. The Petition was on the Karebe Gold Mine in Chemelil-Chemase, where Nandi Sub- county borders Kisumu. Madam Temporary Speaker, I know that you are aware of that area because of the many connections that you have there. In the agreement, the owner of the land was left at the mercy of the investor. The investor is exploiting the resources in that place and the owners of the land and the community do not benefit. That has led to conflicts between the investor and the community. Those conflicts might become dangerous for there could be a fight along that area. It will be good to have somebody who can assist our communities. Most of the people at the village level do not comprehend some of these legal obligations or some of these agreements because they did not go to school and cannot append their signatures. They are just asked to put their thumb on the document. Clause 5(1)(g) states that CRA shall;- “Conduct research regarding the exploitation and development of natural resource and benefit sharing in Kenya.” This is very crucial. You will find some characters walk to the Ministry of Petroleum and Mining and apply for exploration licence, then they masquerade everywhere. They can even lie that they have not found anything after the exploration just for you to see people do funny activities around that area after sometime. Many people in this country have done speculative exploration. They go to the Ministry of Petroleum and Mining and get an exploration licence, then walk around the village doing things that the people, the officers on the ground and the county officers do not understand. There should be a way of ensuring that we conduct proper research so as to enable us discuss benefit sharing in the communities. We need to understand what the discovery of water aquifer in Turkana means. Do we have a reliable standard? In physics, there is ‘k’ which is a standard. We should have a reference point so as not to rely on people who get an exploration licence. People who live around the Karebe Gold Mine area realised that gold was being mined after so many years and that is why there is a conflict. The investor took advantage of the ignorance of the entire population in that area. Clause 5(1)(g) states that CRA shall- “Determine appeals arising out of conflicts regarding the preparation and implementation of benefit sharing agreements.” There has never been an appropriate or more structured way of resolving conflict in areas where we have natural resources. It does not matter whether it is in an area where they are exploring titanium or oil. The Cabinet Secretary for Petroleum and Mining and many other Government officers tried to resolve the Turkana oil issue but there was no proper structure to ensure that the views of the wananchi in Turkana or those in the titanium mining areas, or those in Kitui, Nandi or Migori are heard. Clause 5(1)(i) states that CRA shall- “Oversee the establishment of benefit sharing committees and forums.”"
}