28 Oct 2014 in National Assembly:
Hon. Chairlady, if someone was to challenge this particular provision, and if you were to look at the way laws are done, there is a part of this proposal that we should have retained. I agree with the rule on socio-economic development, but the issue of National Security encompasses so many reasons that we The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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28 Oct 2014 in National Assembly:
should have retained it. If you are able to invoke that alone, then no one will quite explain. I want to implore the Chair to retain this part, national security purpose. It is going to give the country a chance. If someone has to go to court to start explaining, then you will have this clearly in the law saying that the Government will have the authority to declare something of strategic interest based on national security. This is done the world over when a country wants to protect its interests from civil litigation.
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28 Oct 2014 in National Assembly:
Thank you, hon. Chairlady. The proposed amendment is very good but its wording is wanting. I do not know why it was very difficult for the Committee to work with the spirit of the amendment to Clause 22, so that the wording could be very clear, specific and all encompassing. The wording given to the Director of Mining is very good. It is all encompassing but this one looks like an afterthought. If it were done in the way this other one was done, it would be much better. It sounds more legal and it captures what one may want ...
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28 Oct 2014 in National Assembly:
Hon. Chairlady, the Committee, this time round is properly advised to delete this and I support the deletion.
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28 Oct 2014 in National Assembly:
Hon. Chairlady, I want to thank the Committee for this, but I am looking at part (4) and the proposal being made. In that clause, we have a list of the rights contemplated and that can be given. But part (4) contemplates that there are other rights outside the ones that are listed there. My fear is that this could be used to circumvent the very entrenched rights in this sector. So, I thought that the Chair would remove this particular sub-section. If you allow the Board or even the Cabinet Secretary to start going round and saying: “We will ...
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28 Oct 2014 in National Assembly:
It is an amendment to part (c).
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28 Oct 2014 in National Assembly:
Thank you, hon. Chairlady. I think the Committee is learning very fast on how to do business faster and quickly. I really want to commend them. However, I just wanted to appeal to the Chair, reading the two other clauses that she has left in the Bill, I thought they could be firmed up. If we remove the word “certificate”, it leaves sub- clause (1) hanging, so that no one knows. If you say “licence or permit” then you leave it at that, I thought you needed to say “as may be appropriate or necessary”. This is necessary because a ...
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28 Oct 2014 in National Assembly:
Hon. Chairlady, the real idea in that particular clause is warped. I thought what the Committee would have sought to do, and with my senior there being the Vice-Chair, would be to take over that land. If you are going to give mining rights and this is public land, the best thing should have been that if the Government is going to give a right on someone’s piece of land, just take over the land. Do not give the right, but just take over the land. Then the Government can give the right as such. In terms of the amendments ...
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28 Oct 2014 in National Assembly:
Hon. Temporary Deputy Chairman, welcome to the seat.
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28 Oct 2014 in National Assembly:
Thank you very much, hon. Temporary Deputy Chairman. I want to oppose this amendment for the simple reason. I have a feeling that giving someone 1500 blocks for prospecting should not arise if the Government of Kenya takes its job seriously by first of all doing what my colleague is calling “geophysical surveys”. As a country, we should do these things you are calling geophysical surveys. However, giving someone these pieces of land to prospect I think is giving that persona
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