Kenya: Mining Bill Submissions to Senate

A rig belonging to Tullow Oil and Africa Oil who recently commenced with 

exploring oil in Northern Turkana at Lowarengak, while the Mining Bill explicitly 

excludes application to fossil fuels such as oil, the interrelatedness of the legislation 

governing community land and the broader extractives sector is crucial 

for Kenya’s future. cc. Billy Kapua, FOLT

Natural Justice’s policy advocacy involvement with Kenya’s Mining Bill continues in 2015, with greater vigor as this law draws closer to its likely enactment this year. On the 26th of February, the Senate heard oral and accepted written submissions by members of the public on the Mining Bill. This Bill already passed in the National Assembly, Kenya’s other legislative house. However, given that the Constitution requires any law affecting the counties to go through the Senate, and outcries last year over the Bill’s legality and the powers granted to the Cabinet Secretary, it merited consideration by the Senate prior to assent by the President. 

Together, with five other partner organizations – the Friends of Lake Turkana, the Kenya Civil Society Platform for Oil and Gas (The Platform), the Institute for Business and Human Rights, Oxfam GB Kenya and the Kenya Land Alliance – we collaborated in the preparation and submission process. The process, coordinated by the Platform, focused on three main issues, (a) the institutional framework and discretionary powers of the Cabinet Secretary and other functionaries; (b) community engagement, participation and land; and (c) transparency and accountability. 

One highly contentious aspect of the Bill is the fact that the Cabinet Secretary is granted great powers in administering the mining industry in Kenya; however, this has been ably fleshed out in the past. Our submissions noted that there was a need to look at other functionaries created by the Bill such as the Directors of Mines and Geology, for example, and ensure that their conduct is subject to explicit constitutional and lawful limitations expected within a democratic space such as Kenya. 

Public Hearing on Kenya’s Community Land Bill, 2014

Mr. Odenda Lumumba, from the Kenya Land Alliance

 and the Civil Society Working Group on the Community

 Land Bill, presents his submissions

 on the Bill before the Senate Committee.

Natural Justice’s office in Kenya recently brainstormed on the question of public participation, asking what it entails, its substantive elements, and how to ensure it is effective. The starting point in the law lies in the Constitution of Kenya, which requires Parliament to facilitate public participation and involvement in the legislation process. 

Putting this principle to the test, Natural Justice attended a public hearing on the Community Land Bill held at the Kenyatta International Conference Centre, Nairobi, on last week. This hearing sought to give members of the public an opportunity to propose any amendments or changes to this fundamental Bill. The Senate Committee on the Community Land Bill conducted the hearing and was comprised of five Senators: Christopher Obure (Kisii); George Khaniri (Vihiga); Boy Juma Boy (Kwale); Martha Wangari (Nominated) and Liza Chelule (Nominated).

Natural Justice Attends Workshop on Community Land Rights in Kenya

On October 15th and 16th, the Natural Justice Kenya team attended a Community Land Protection workshop in Nairobi, which was facilitated by OXFAM, the Kenya Land Alliance (KLA) and Namati.  Natural Justice is continuing its collaboration with Namati following the successful meeting held in November, 2013 with African community rights activists on community land and natural resource rights.

The primary objective of the two-day workshop was to present Namati’s community land protection process and to discuss the Community Land Bill. The workshop was attended by a number of Kenya civil society organizations and indigenous peoples networks, including Natural Justice’s community partners Kivulini Trust, Friends of Lake Turkana and Save Lamu. In 2013, Natural Justice partnered with Namati to host a meeting.