Francis Chachu Ganya

All parliamentary appearances

Entries 681 to 690 of 1798.

• 21 Oct 2015 in National Assembly: Clause 7 is on negotiations. Basically, there are two entities here: the Cabinet Secretary (CS) and the Mineral Rights Board (MRB). The Senate felt strongly that there should be firm negotiation between the CS and the MRB. We felt that the decision making, which they proposed, was not placed on any of the authorities. Therefore, there was no ultimate conclusive authority to make that decision. Moreover, we felt that MRB is an advisory body to the CS. In that matter, the executive authority of the Ministry lies with the Cabinet Secretary (CS). On that basis we rejected that amendment. Clause ... view
• 21 Oct 2015 in National Assembly: We felt that this was a good amendment which enables investors to have more say and confidence in the industry. Under Clause 16, the strategic mineral issue was revisited. We felt that this issue was already well canvassed under Clause 7, and on that ground we rejected it just to ensure there is no repetition. Clause 20(4) is on fair compensation. It was basically about the issue of exercise of power by the Director of Mines. The issue was when to use these powers in terms of when they are doing reconnaissance or when they are trying to prospect for ... view
• 21 Oct 2015 in National Assembly: compulsory acquisition of land in public interest. So, on that ground we rejected that amendment from the Senate. Clause 38 which was amended by the Senate is on mineral rights in community land. The amendment prefers to use the word “unregistered” in reference to community land rather than the word “alienated”. We liked this amendment because it provides more clarity on the consent to be given by the National Land Commission (NLC) on issues of community land, in which they also have some role constitutionally. On this basis we felt that the word they used, “unregistered,” is what is in ... view
• 21 Oct 2015 in National Assembly: While we felt it was good, we should not have a section of every law addressing the issue of compensation of land. We felt we need to have one law under which every issue to do with compulsory acquisition of land is addressed. On that ground we rejected Senate’s amendment to Clause 40 of the Mining Bill. Clause 41 is another amendment that we considered, and which the Senate amended regarding tendering for mineral rights. On this amendment, the Senate argues that it is very important for the CS in making regulations to appreciate the uniqueness of procurement and tendering ... view
• 21 Oct 2015 in National Assembly: members of the community as additional preference by a holder of mineral rights in the conduct of prospective mining, processing, refining and treatment, operation, transport or any other dealing with mineral rights. On this amendment, the Committee agreed with the Senate, because we felt that giving more opportunities and more roles to the investors may encourage them to invest more in this sector. Clause 51--- view
• 21 Oct 2015 in National Assembly: Yes I do, Hon. Temporary Deputy Speaker. view
• 21 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. Clause 51 was also amended by the Senate. They wanted to have a new sub-clause (2), which reads:- “The Cabinet Secretary shall not unreasonably withhold consent to assign, transfer, mortgage or trade a mineral right and shall inform an applicant of the decision within thirty days of receipt of an application to assign, transfer, mortgage or trade a mineral right.” They further amended the same clause by inserting a new sub-section immediately after sub-section 8, which reads:- “The Cabinet Secretary shall, in consultation with the Mineral Rights Board, prescribe criteria for the conditions required ... view
• 21 Oct 2015 in National Assembly: The other amendment was to Clause 77. The amendment provides for the payment of the Ministry’s expenditure specified in their programmes for prospecting operations, which is not expended during the term of prospecting licence in a manner that may be prescribed by regulations made under the Act and not by the Cabinet Secretary. We agree with this provisional amendment, because it just ensures clarity and smooth operations in terms of financial transactions. The other amendment was to Clause 106. This was an amendment where the Senate added a new paragraph under paragraph (1) of Clause 106 sub-section (1) saying “such ... view
• 21 Oct 2015 in National Assembly: Hon. Temporary Deputy Speaker, as a Committee we considered this amendment and rejected it. This proposal is unconstitutional. This is because Article 62(1)(f) and 62 (3) of our Constitution classify minerals as public land which vests on the national Government. The national Government decides to create a national mining corporation to participate in mining and mineral activities as it is in other nations such as Namibia, Democratic Republic of Congo and South Africa, among others. It is important for the corporation to be equipped properly with assets to enable it carry out its functions. On this basis, we rejected that ... view
• 21 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker for this opportunity to respond to the debate on Mining Bill Motion. I appreciate my colleagues who have ably contributed to this Bill - Hon. Barua who seconded it, Hon. Moi, Hon. Geni, Hon. Abdinoor and Hon. Abdikadir Ore. I want to assure them that their input will be well taken care of as we consider our amendments in the Committee of the whole House in the near future. At this stage we cannot do much because these are amendments from the Senate. We can either agree or disagree. If we disagree we will ... view