REPUBLIC OF KENYA. NAIROBI, 18th August, 2015 CONTENT. Bill for Introduction into the National Assembly PAGE

Similar documents
KEN VA GAZETTE SUPPLEMENT

KENYA GAZETTE SUPPLEMENT

11! 0., REPUBLIC OF KENYA. NAIROBI, 11th August, 2015 CONTENT. The Court of Appeal (Organization and Administration) Bill,

TAITA TAVETA COUNTY GAZETTE SUPPLEMENT

GARISSA COUNTY GAZETTE SUPPLEMENT

Supplement No. 2 published with Extraordinary Gazette No. 93 dated 6 th December 2018.

KENYA GAZETTE SUPPLEMENT

The Nakuru County Child Care Facilities Bill, 2014 THE NAKURU COUNTY CHILD CARE FACILITIES BILL, 2014 ARRANGEMENT OF CLAUSES PART I PRELIMINARY

KENYA GAZETTE SUPPLEMENT

THE FREEDOM OF INFORMATION ACT, Arrangement of Sections PART I PRELIMINARY

KENYA GAZETTE SUPPLEMENT

Protection of New Plant Varieties Act 2004 Act 634

KENYA GAZETTE SUPPLEMENT

Protection of New Plant Varieties LAWS OF MALAYSIA. Reprint. Act 634. Incorporating all amendments up to 1 January 2006

KENYA GAZETTE SUPPLEMENT

PUBLIC PRIVATE PARTNERSHIPS ACT

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (AMENDMENT) BILL, A Bill for

THE NATIONAL PAYMENT SYSTEM ACT, 2011 NO. 39 OF 2011 LAWS OF KENYA

KENYA PLANT HEALTH INSPECTORATE SERVICE ACT

The Nakuru County Vocational and Technical (Polytechnics) Bill, 2014 THE NAKURU COUNTY VOCATIONAL AND TECHNICAL (POLYTECHNICS) ACT, 2014

FREEDOM OF INFORMATION

TM NATIONAL DROUGHT MANAGEENT AUTHORITY BILL, 2013 ARRANGEMENT OF CLAUSES Clause PART I--PRELIMINARY 1-Short tle

CO-OPERATIVE SOCIETIES (AMENDMENT) BILL, 2013

KENYA GAZETTE SUPPLEMENT

REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT NATIONAL ASSEMBLY BILLS, NAIROBI, 29th December, 2017 CONTENT

PART 15 FUNCTIONS OF REGISTRAR AND OF REGULATORY AND ADVISORY BODIES. Chapter 1. Registrar of Companies

CHAPTER 66:01 GUYANA GOLD BOARD ACT ARRANGEMENT OF SECTIONS

Kenya Gazette Supplement No. 76 (National Assembly Bills No. 25) REPUBLIC OF KENYA NATIONAL ASSEMBLY BILLS, NAIROBI 19thMay, CONTENT

PUBLIC HEALTH OFFICERS (TRAINING, REGISTRATION AND LICENSING) ACT

THE PROTECTION AND UTILISATION OF PUBLIC FUNDED INTELLECTUAL PROPERTY BILL, 2008

VIRGIN ISLANDS INVESTMENT BUSINESS (APPROVED MANAGERS) REGULATIONS, 2012 ARRANGEMENT OF REGULATIONS

FOREIGN CONTRIBUTION (REGULATION) ACT, 1976

THE FOREIGN EXCHANGE ACT, ARRANGEMENT OF SECTIONS

THE FOREIGN CONTRIBUTION (REGULATION) ACT, 1976 No. 49 of 1976

STATE CORPORATIONS ACT

KENYA GAZETTE SUPPLEMENT

STATE CORPORATIONS ACT

KENYA GAZETTE SUPPLEMENT

Unofficial Translation July 20, 2007 Freedom Forum. Right to Information Act, 2064 Act to provide for Right to Information

NON-GOVERNMENTAL ORGANIZATIONS CO-ORDINATION ACT

THE AUTHORITY FOR ADVANCE RULINGS ON CENTRAL TAXES BILL, 2007

The Government Owned Entities Bill, 2014 THE GOVERNMENT OWNED ENTITIES BILL, 2014 ARRANGEMENT OF CLAUSES

THE ENERGY REGULATION ACT CHAPTER 436 OF THE LAWS OF ZAMBIA

FOREIGN CONTRIBUTION (REGULATION) ACT, 1976 [Act No. 49 of Year 1976]

Haryana School Education Act, 1995

TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001 BERMUDA 2001 : 22 TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001

KENYA GAZETTE SUPPLEMENT

THE NEVIS INTERNATIONAL MUTUAL FUNDS ORDINANCE, 2004 ARRANGEMENT OF SECTIONS. Preliminary. PART I Administration. PART II Public Funds

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 52, No. 3, 10th January, No. 6 of Trinidad and Tobago SENATE BILL

VIRGIN ISLANDS The Company Management Act, Arrangement of Sections

SAMOA INTERNATIONAL MUTUAL FUNDS ACT 2008

CHAPTER 4 THE ARBITRATION AND CONCILIATION ACT. Arrangement of Sections.

NATIONAL DROUGHT MANAGEMENT AUTHORITY ACT

THEASSOCIATIONS BILL, 2018 ARRANGEMENT OF CLAUSES. PART II THE REGISTRAR OF ASSOCIATIONS 5 Appointment and qualifications of Registrar.

f() s ^.\- BUNGOMA COUNTY GAZETTE SUPPLEMENT ,(\, \"*,9 1."* S/"s BILLS, z014 NAIROBI, 14th November, 2fi14 SPECIAL ISSUE REPUBLIC OF KENYA

No. 1 of Audit Act Certified on: / /20.

The Protection of Human Rights Act, 1993 [As amended by the Protection of Human Rights (Amendment) Act, 2006 No. 43 of 2006]

LIMITED LIABILITY PARTNERSHIPS ACT 2012 LIMITED LIABILITY PARTNERSHIPS REGULATIONS 2012 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY

TAMIL NADU BUSINESS FACILITATION ACT 2017

Sailent Features of the Act

ACT 522 Water Resources Commission Act, 1996 THE FIVE HUNDRED AND TWENTY-SECOND ACT OF THE PARLIAMENT OF THE REPUBLIC 0F GHANA ENTITLED

2013 CHAPTER P

ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION

National Communications Authority Act 769 Act, 2008

Environmental Impact Assessment Act, No

FREEDOM OF INFORMATION

KENYA GAZETTE SUPPLEMENT

APPENDIX. Supplement No. published with [Extraordinary Gazette] No. dated, 2015.

HOUSE OF REPRESENTATIVES BILL

KENYA GAZETTE SUPPLEMENT

THE REFERENDUM AND OTHER PROVISIONS ACT, ARRANGEMENT OF SECTIONS

BERMUDA TRUSTS (REGULATION OF TRUST BUSINESS) ACT : 22

THE BUREAU OF INDIAN STANDARDS ACT, 1986

KENYA REVENUE AUTHORITY ACT

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 40, No. 12, 22nd January,

THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL, 2014 EXPLANATORY NOTE

GUYANA. ACT No. 5 of 2004 AUDIT ACT 2004

Advocate for Children and Young People

KENYA GAZETTE SUPPLEMENT

THE TAX APPEALS TRIBUNAL ACT, 2013 ARRANGEMENT OF SECTIONS PART I PRELIMINARY

KENYA GAZETTE SUPPLEMENT

COMMONWEALTH OF DOMINICA

International Mutual Funds Act 2008

KENYA GAZETTE SUPPLEMENT

NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL

REPUBLIC OF SOUTH AFRICA DRAFT IMMIGRATION AMENDMENT BILL

OF THE REPUBLIC OF NAMIBIA CONTENTS OFFICE OF THE PRIME MINISTER PROMULGATION OF ACT OF PARLIAMENT

INTERGOVERNMENTAL RELATIONS ACT

THE FREEDOM OF INFORMATION BILL, 2002 MEMORANDUM

NATIONAL GOVERNMENT CO-ORDINATION ACT NO. 1 OF 2013 LAWS OF KENYA

AN ACT TO AMEND THE BANKS AND TRUST COMPANIES REGULATION ACT ENACTED BY THE PARLIAMENT OF THE BAHAMAS

Act 13 Petroleum Supply Act 2003

Carbon Pricing Bill A BILL. int i t u l e d

Competition Promotion and Market Protection Act, 2063 (2007)

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

frf f,r) $ NE,ETIVED KENYA GAZETTE SUPPLEMENT O!( .q), I I t,iar 2015 dil, -Vr +.s'^ NAIROBI, lzth February, 2015 SPECIAL ISSUE

The Delhi School Education Act, 1973 (Act No. 18 of 1973) 1 [9th April, 1973]

Freedom Of Access To Information Act For The Republika Srpska 18/5/2001

CHAPTER I Preliminary

THE DISCLOSURE OF LOBBYING ACTIVITIES BILL, 2013

Transcription:

N'k'J,10N8L Cot_NCIL FOR T pepopting W, SPECIALISSUE LIBRARY Kenya Gazette Supplement No. 139 (National Assembly Bills No. 54) REPUBLIC OF KENYA KENYA to-"aazettesupplement %MA*N% NATIONAL ASSEMBLY BILLS, 2015 NAIROBI, 18th August, 2015 CONTENT Bill for Introduction into the National Assembly PAGE The Natural Resources (Classes of Transactions Subject to Ratification) Bill, 2015... 3067 '7 I R7^ FOR LAW REPORTRK R E C E V ErD,G 7 SEP 2015 T4: ^-2 1 ^ihi,11331 FAX:?710^4 I PRINTED AND ^UBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

3067 THE NATURAL RESOURCES (CLASSES OF TRANSACTIONS SUBJECT TO RATIFICATION) BILL, 2015 ARRANGEMENT OF CLAUSES Clause PART I PRELIMINARY 1 Short title. 2 Interpretation. 3 Application. PART 11 CLASSES OF TRANSACTIONS 4 Classes of transactions. PART III SUBMISSION OF AGREEMENTS TO PARLIAMENT 5 Submission of agreement to Cabinet Secretary. 6 Transmissioh of agreement to Parliament. 7 Validity of agreements. 8 Consideration by Parliament. 9 Relevant considerations on transactions subject to ratification. 10 Procedure in case of different resolutions. PART IV ADMINISTRATIVE ARRANGEMENTS I I Register of transactions. 12 Confidentiality. PART V MISCELLANEOUS 13 Regulations. 14 Computation of time 15 Savings. SCHEDULE CLASSES OF TRANSACTIONS SUBJECT TO RATIFICATION

3068 The Natural Resources (Classes of Transactions Subject to Ratification) Bill, 2015 THE NATURAL RESOURCES (CLASSES OF TRANSACTIONS SUBJECT TO RATIFICATION) BILL, 2015 A Bill for AN ACT of Parliament to give effect to Article 71 of the Constitution of Kenya, 2010 and for connected purposes ENACTED by the Parliament of Kenya, as follows PART I PRELIMINARY 1. This Act may be cited as the Natural Resources Short title. (Classes of Transactions Subject to Ratification) Act, 201.5. 2. In this Act, unless the context otherwise requires " concession" means the right to exploit a natural resource pursuant to an agreement between the grantor and the beneficiary or a perrmit issued under national or county legislation; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to environment; "days" means calendar days; 64 effective date" has the meaning assigned to it in Article 260 of the Constitution; 66 exploitation" means an activity that confers or is aimed at conferring a benefit on the beneficiary of the grant of the concession or right but does not include an activity that is exploratory in nature; 44 grantor" means the person who or which under an agreement relating to natural resources has granted to another the concession or right to exploit a natural resource of Kenya; 64 natural resources" has the meaning assigned to it in Article 260 of the Constitution; 46 permit" includes a licence or other authorization validly issued under national or county legislation; 44 state organ" has the meaning assigned to it in Article 260 of the Constitution; and "transaction" means an arrangement or other dealing between a grantor and a beneficiary under which the

The N. atural Resources (Classes of Transactions Subject to Ratification) Bill, 2015 3069 beneficiary lawfully acquires a concession or a right to exploit a natural resource of Kenya. 3. (1) This Act applies to any transaction entered into Application. on or after the effective date which, under Article 71 of the Constitution, is subject to ratification by Parliament on account of the fact that the transaction (a) involves the grant of a right or concession by or on behalf of any person to another person for the exploitation of a natural resource of Kenya; and (b) falls within the class of transactions designated as subject to ratification by section 4 of this Act. (2) This Act applies to any transaction involving the (a) national government, county government, state organ and all county government entities; and (b) grant of a right or a concession by a private person in cases in which such transaction is required by this Act to be ratified by Parliament. PART 11 CLASSES OF TRANSACTIONS Classes of 4. (1) The classes of transactions set out in the Transactions. Schedule are subject to ratification by Parliament pursuant to Article 71 of the Constitution. (2) The following classes of transactions shall not be subject to ratification by Parliament (a) subject to paragraph (e), the grant of a concession or right to exploit a natural resource through a permit, licence or other authorization issued in accordance with the requirements of national or county government legislation; (b) the grant of a concession or right by a private person to exploit a natural resource through an agreement or a contract; (p) the grant of a concession or- right to exploit a natural resource for scientific research, educational or other non-commercial purposes unless the exploitation involves taking the natural resource or an portion of it outside of the jurisdiction of Kenya; (d) the exploitation of a natural resource by a Kenyan national for subsistence purposes in circumstances

3070 The Natural Resources (Classes of Transactions Subject to Ratification) Bill, 2015 in which the law does not require that a permit, licence or other authorization be obtained; and (e) the exploitation of a natural resource in quantities falling below a threshold prescribed by the Cabinet Secretary by notice in the Gazette or below a threshold specified in the Schedule to the Act PART III SUBMISSION OF AGREEMENTS TO PARLIAMENT 5. (1) As soon as practicable, but not later than Submission of agreement to fourteen days after entering into a transaction, a beneficiary Cabinet Secretary. shall submit an agreement or other instrument evidencing the transaction to the Cabinet Secretary responsible for the natural resource that is the subject of the transaction. (2) The agreement shall be accompanied by a memorandum in the prescribed form. 6. Within seven days of receiving the agreement and the Submission of agreement to memorandum, the Cabinet Secretary responsible for the natural Parliament. resource that is the subject of the transaction shall submit the agreement and memorandum to Parliament for ratification in terms of Article 71 of the Constitution. 7. (1) A transaction which under this Act, is subject to Validity of ratification by Parliament shall only be effective once it is agreements. ratified, and where Parliament has declined to ratify any transaction under this Act, the transaction shall be null and void. (2) A public officer shall not give effect to or otherwise take cognisance of a transaction subject to ratification under this Act which has not been ratified in accordance with this Act. 8. Parliament shall deal with any agreement submitted to it under-this Act within sixty days of receiving such agreement in accordance with the laid down procedures. 9. (1) The following shall be relevant considerations in deciding whether or not to ratify an agreement (a) the applicable Government policy; (b) recommendations of the relevant regulatory agency; (c) comments received from the county government within whose area of jurisdiction the natural Consideration by Parliament. Relevant considerations on transactions subject to ratification.

The Natural Resources (Classes of Transactions Subject to Ratification) Bill, 2015 3071 resource that is the subject of the transaction is located; (d) adequacy of stakeholder consultation; (e) the extent to which the agreement has struck a fair balance between the interests of the beneficiary and the benefits to the country arising from the agreement; (f) the benefits which the local community is likely to enjoy from the transaction; and (g) whether, in granting the concession or right the applicable law has been complied with. Procedure in case of different 10. (1) Where one House of Parliament resolves to ratify the transaction but the other House resolves not to resolutions. ratify the transaction, the matter shall be dealt with in accordance with the procedures and mechanisms provided in Articles 112 and 113 of the Constitution and the relevant Standing Orders of both Houses. (2) Where a mediation committee is constituted under subsection (1), the period for dealing with the agreement shall be extended by thirty days. PART IV ADMINISTRATIVE ARRANGEMENTS Register of 11. (1) Each Cabinet Secretary responsible for a natural resource that is subject to ratification shall establish transactions. and maintain a register of agreements relating to natural resources and other transactions which have been ratified as provided under this Act. (2) The Register shall be maintained in electronic format and any member of the public may inspect it without the payment of any fee. (3) Upon request and on payment of a reasonable fee, any member of the public may obtain an authenticated printout of an agreement from the Cabinet Secretary. (4) The Cabinet Secretary shall, on an annual basis, publish a report on the summary of the transactions submitted under this Act and the status of ratification of transactions. 12. (1) The Cabinet Secretary responsible for the Confidentiality. transaction that is subject to ratification may, pursuant to

3072 The Natural Resources (Classes of Transactions Subject to Ratification) Bill, 2015 Article 35 of the Constitution, grant a request that the agreement or portions of it ought not to be publicly disclosed on account of commercial confidentiality, national security or other public interest considerations. (2)Where the request for confidentiality is granted, the Cabinet Secretary responsible for the natural resource that is the subject of the transaction shall not submit the agreement to Parliament, but shall prepare a summary of the agreement without disclosing any confidential material and it is the summary that shall be submitted to Parliament and made available to the public. (3) The decision of the Cabinet Secretary on the request for confidentiality may be challenged by any person through appropriate proceedings in the High Court, and the High Court shall have the power to call for and examine the Agreement in camera before determining the matter. PART V MISCELLANEOUS 13. (1) The Cabinet Secretary may, in consultation Regulations. with the Cabinet Secretary responsible for the applicable natural resource, make regulations for giving effect to the provisions of this Act and prescribing anything required under the Act. (2) Without prejudice to the generality of subsection (1), the regulations made under this section may (a) require that particular classes of transactions entered into between the effective date and commencement date be audited, the modalities for such audit, and the use to which the findings may be put; (b) define the thresholds, quantitatively, qualitatively or a combination of both, below which transactions need not be subject to ratification; (c) prescribe requirements and provide guidelines on the memorandum to accompany the agreement; and (d) prescribe procedures for making applications and requests to the Cabinet Secretary. 14. Where under this Act the computation of time Computation of depends on the Parliamentary calendar, the period during time. which Parliament is not in session shall be excluded in the computation.

The Natural Resources (Classes of Transactions Subject to Ratification) Bill, 2015 3073 15. A transaction that is subject to ratification by Savings. Parliament, which was lawfully entered into on or after the effective date but before the commencement date, shall continue in effect and be deemed valid and lawful notwithstanding the absence of ratification by Parliament. SCHEDULE (ss. 4(l),4(2)(e) CLASSES OF TRANSACTIONS SUBJECT TO RATIFICATION Resource Transaction requiring Parliament Ratification Crude Oil Authorization to extract crude oil or natural gas and Natural following approval of the development plan. Gas Minerals Mineral agreements with a threshold of US $ 500 million. Water The extraction of sea water within the territorial sea for resources private commercial use. Underground The extraction of underground steam within a water water conservation or other water resource protected area. resources Wildlife Extraction of oil, gas, and minerals within a wildlife conservation area or other wildlife protected area. Wildlife Export and re-export of endangered wildlife species. Wildlife Excision or change of boundaries of gazetted national park or wildlife protection area. Forests Long term concession of a gazetted forest resource. Genetic Grant of an access permit or a material transfer material agreement. Genetic Grant of a permit to conduct field trials of Genetically resources Modified Organisms Any other transaction subject to ratification under an Act of Parliament.

3074 The Natural Resources (Classes of Transactions Subject to Ratification) Bill, 2015 MEMORANDUM OF OBJECTS AND REASONS The main object of the Bill is to give effect to Article 71 of the Constitution. Article 71 of the Constitution requires Parliament to enact legislation to provide for the classes of transactions subject to ratification on account of the fact that the transaction involves the grant of a right or concession by or on behalf of any person to another person for the exploitation of a natural resource of Kenya. PART I of the Bill deals with preliminary matters. PART 11 of the Bill deals with classification of transactions which are subject to ratification by Parliament under clause 4(l). Clause 4(2) of the Bill sets out the classes of transactions that are exempt from ratification by Parliament. PART III of the Bill deals with submission of agreements by the beneficiary to Parliament for purposes of ratification. The Agreement shall be accompanied by a memorandum which should provide specified particulars. Clause 8 of the Bill requires Parliament to consider and make a decision on whether to ratify or not within sixty days of receipt while clause 9 of the Bill specifically provides for the matters that Parliament should make note of when deciding whether to ratify a transaction or not. PART IV of the Bill provides for administrative arrangements. It requires the establishment of a register of all agreements relating to natural resources and other transactions submitted under the Act. Clause 12 of the Bill deals with confidentiality and gives the Cabinet Secretary responsible for the natural resource that is the subject of the transaction, the power to declare an agreement or portions of it confidential and in that regard not make it available for public scrutiny. The same clause permits an aggrieved party to apply to the High Court for redress on a decision made by the Cabinet Secretary and the High Court may offer appropriate relief after consideration of sufficient evidence. PART V of the Bill contains miscellaneous provisions. Clause 13 empowers the Cabinet Secretary responsible for matters relating the environment, to make regulations to give effect to the provisions of the Act. Clause 15 saves transactions that were lawfully entered into after the effective date but before the commencement of this Act. This Bill is a Bill concerning counties within the meaning of Article 110 of the Constitution, and is an ordinary Bill. The enactment of this Bill shall not occasion additional expenditure of public funds. Dated the 11 th August, 2015. ADEN DUALE, Leader of Majority Party.