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"id": 890627,
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"type": "speech",
"speaker_name": "Sen. Malalah",
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"legal_name": "Cleophas Wakhungu Malalah",
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"content": "the national Government. We have had the establishment of sovereign wealth funds in many countries like Norway and we have seen success stories in several countries like Algeria, Ghana, Nigeria and Angola. It is important and incumbent upon the leadership of this country to consider having the right policies to manage the SWF. When it comes to the policy of the SWF, we have had three competing options. First, we need to strike a balance between saving the revenue accrued from the natural resources to stabilising and developing our economy. Sen. Mutula Kilonzo Jnr. stated that it is important that such monies be used to develop and stimulate our economy. As we formulate policies that are going to execute the SWF, it is important to consider the option of using that money to stabilise and stimulate our economy. With the SWF, the big question that we need to ask ourselves is: Who is the beneficiary of these resources? Is it the current generation or the future generation? We need to envisage a point in time when these resources will be exhausted. The future generations will ask us pertinent questions. They will ask the reason we did not use those resources to benefit them. If our forefathers had not used the natural resources to our benefit, we would be languishing in abject poverty. Therefore, it is important for us to consider that even as we formulate the policies that will manage the SWF. Article 69 of the Constitution requires the state to- ‘Ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits.’ That Article cements that it is important for the natural resources and the profits accrued from them to benefit the people of Kenya. Clause 10 provides for the establishment of a County Benefit Sharing Committee. Clause 10(2) provides that- “A County Benefit Sharing Committee shall consist of- (b) The chairperson of the committee of the respective county assembly responsible for matters relating to natural resources”. When it comes to separation of powers, we need to look into this issue. The elected leaders mandate has been enshrined in the Constitution and the County Government Act as that of oversight, representation and legislation. In this Bill, they will find themselves in such committees where they are even paid allowances. This is something that the Mover can look into for us not to involve the Members of the County Assemblies (MCAs) in such committees. There is some level of duplication when it comes to Clause 13 which talks of the establishment of the Local Benefit Sharing Forum (LBSF). The mandate of the LBSF is more or less like a representation of the community in the whole organisation but we have members of the community already elected to represent the community in the County Benefit Sharing Forum (CBSF). Therefore, when we allow another forum to oversee this forum, it will be duplication of roles. I wish that the drafter of this Bill will look into ways of having one board that will oversee the implementation of this Bill. This Bill is timely for us, especially the people of Kakamega County, who have suffered for a long epoch. It is sad that Ikolomani has been rated the poorest constituency in the country yet it possesses gold. When you go to Roasterman in Kakamega, Bushiangala, Isulu, you will find people living in abject poverty yet they have gold"
}