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{
    "id": 890558,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/890558/?format=api",
    "text_counter": 360,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "It is important that we have an independent person or a neutral person to assist in the formation of these committees. When you look at the CDA, the investors and the county governments have more say than the local population yet Section 53 of the County Government Act has provided a way of establishing a village council. I hope that the Mover of the Bill, Sen. (Dr.) Zani, will look into this for us to integrate it with Section 53 of the County Government Act on the formation of village councils. We can then have representatives from the village council in accordance with Section 53 of the County Governments Act. Clause 5(1)(o) states that CRA shall- “Promote local content initiatives.” It is important for us to ensure that we get value and create opportunities. We are creating opportunities for our people in the counties and we are also creating opportunities for revenue. Some of the challenges that the Kenya Revenue Authority (KRA) is facing is tax evasion and leakages of revenue collection and it is worse when you go to the counties. There is no clear way of how own source revenue can be raised in the counties. That is why counties are giving in 13 to 14 per cent in terms of collection. Therefore, I agree with that. Clause 7(1) states that- “The Kenya Revenue Authority shall collect royalties as determined by the commission under section 6 from affected entities and any other payment of royalties from natural resource exploitation undertaken under other written law.” This is important because we can ensure transparency. We can also ensure that counties do not take advantage--- Can you imagine what would happen if counties that cannot collect boda boda levies are given the opportunity to collect royalties? The future 60 per cent for posterity is very important. Clause 9(1) states that- “Every affected entity shall enter into a benefit sharing agreement before the exploitation of a natural resource in an affected county.” This is important because some of these investors are very witty. They can lie to the community that they are still exploring the natural resource and that they will come and engage them at another level regarding the revenue benefit sharing agreement. That has been the problem everywhere because people keep on complaining that they were duped. They are told that the investor would bring the machines to explore, then they will sign the agreement later on. In Karebe Gold Mine, the whole community and the owner of the land has been taken to court because they asked for justice and fairness. The investors should distinguish between Corporate Social Responsibility (CSR) and Community Benefit Sharing, which is not CSR. CBR is a right while CSR is a privilege which depends on the charity of that investor. Where we come from, tea multinationals companies, for example, in Kericho and Nandi counties normally use Social Corporate Responsibility (CSR) as a stick and carrot for purposes of their own public relations and to improve their image that they are doing something nice for the people. Benefit sharing is a right. Therefore, the Ministry of Petroleum and Mining should follow this law very carefully so that our people are not taken into circles and exploited."
}