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{
    "id": 890604,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/890604/?format=api",
    "text_counter": 406,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "Madam Temporary Speaker, I have looked at the Bill quite clearly and from my interpretation of the Constitution, I am sure that its framers did not have in mind that they would set up a Commission on Revenue Allocation, which recommends and also administers. That is our point of departure; overseeing the administration of the fund. As I speak, the CRA does not oversee the administration of the sharable revenue. In fact, as the Senate, we oversee. So, I am happy that my brother raised that concern or informed me, but based on what I can read--- I am not saying that I will bring these amendments, but so that we can be clear, it will be important to let the CRA to be the one that recommends, but not oversee. Number two, on this Bill, I hope that Sen. (Dr.) Zani can look at issues to do with wildlife conservation. When we are looking at the issues of revenue sharing in terms of natural resources, our environment is very clear. What will suffer mostly are the environment and wild animals. When we get all these resources from our environment and are not considering other institutions--- I have not seen anywhere in this Bill referral to collaboration with either the Kenya Forest Services (KFS) or the Kenya Wildlife Services (KWS). I recommend to Sen. (Dr.) Zani, to consider putting a role for these two institutions. It will also be important for this Bill to be aligned with the Section 4 of the Wildlife (Conservation and Management) Act. No.47 of 2013 which requires that benefits from wildlife conservation are derived to offset costs and ensure that value and management of wildlife do not decline. So, as she has rightfully limited this revenue share to the issues of sunlight, water resource, forest by diversity and genetic wildlife resources, it would be better is she can look at what the Act on wildlife conservation says in terms of revenue sharing and how those animals can be protected. I think it would also be important to look at Article 69 (1) (a) of the Constitution in terms of this Bill which states- “The State shall ensure sustainable exploitation, utilization, management, and conservation of the environment and natural resources, and ensure the equitable sharing of their accruing benefits.” What I note from the formula that is given here is that it appears as if the central Government is the one that will benefit more than the local people. So, we may want to figure out how we align all these revenue sharing formulas which are out there. There is one on the Local Content Bill (Senate Bills No. 10 of 2018), another one on The Petroleum Bill (National Assembly Bills No. 48 of 2017), which is now an Act of Parliament, and the Energy Act. It will be important for Sen. (Dr.) Zani to figure out a way that she can align her Bill to the existing Acts of Parliament, so that we avoid having this Bill go to the National Assembly and then people start arguing that the issue of revenue sharing on natural resources has already been dealt with either in the Mining Act, the Petroleum Act or Energy Act."
}