Bills

These are Bills pending before the Parliament, that aim at regulating the extractive sector.

There is oil and gas related and crosscutting related.

Oil and gas related

Bills Source Sponsor Overview Status Link

The Petroleum (Exploration Development and Production) Bill, 2015

The National Assembly

Hon. Aden Duale, Majority Leader of the National Assembly

It is a Bill purposed to regulate the negotiation and conclusion by the Government of petroleum agreements relating to the exploration for, development, production and transportation of, petroleum.

The Bill, after the different readings in parliament was forwarded to the President, for assent into Law. The President however, returned the Bill to the National Assembly with recommendations that the 10% community allocation of the revenue from the extractives activities be scaled down to 5%. The Bill has now been returned to Parliament for discussion

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Mining Related

Bills Source Sponsor Overview Status Link

Crosscutting Related

Bills Source Sponsor Overview Status Link

The Local Content Bill, 2016

The Senate

Hon. Gideon Moi, Chairperson, Standing Committee on Energy

The Bill is hinged on growing resource nationalism, which aims to assert greater citizen control over the natural resources located in Kenya.

The Bill is  pending the its first reading in the Senate

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The Energy Bill, 2015

The National Assembly

Hon. Aden Duale, Majority Leader of the National Assembly

It is a Bill purposed to consolidate the laws relating to energy, to provide for the national and county government functions in relation to energy, to provide for the establishment, powers and functions of the energy sector entities; promotion of renewable energy; exploration, recovery and commercial utilization of geothermal energy; regulation of midstream and downstream petroleum and coal activities; regulation, production, supply and use of electricity and other energy forms.

The Bill came up for its third reading on the 17/3/2016 and was referred back to the parliamentary energy committee.

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The Natural Resources Benefit Sharing Bill of 2014

The Senate

Hon. Agnes Zani, Chairperson Select Committee on Legislation on Royalties Accruing from Natural Resources in the Counties.

The Bill’s objective is, among many other things, is to establish a system of benefit sharing in resource exploitation between resource exploiters, the national government, county governments and local communities; to establish the Natural Resources Benefits Sharing Authority. The bill is expected to streamline natural resource sharing between the two levels of government with specific emphasis on trickling benefits back to the communities in areas with abundant resources.

The Bill passed the Senate reading with minimal amendments. It was referred to the National Assembly where it awaits to be read for the first time

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The Public Participation Bill 2016

The Senate

Hon. Amos Wako

The purpose of the Bill is to provide a general framework for effective public participation.  In particular, the Bill seeks to enhance, promote and facilitate public participation in governance processes to give effect to the constitutional principles of democracy and participation of the people under the following Articles in the Constitution:

  • Article 1(2) on exercising of sovereignty of the people through elected representatives or directly;
  • Article 10(2) on national values and principles to promote democracy and participation of the people;
  • Article 35 on access to information;
  • Article 69(1) (d) on obligations in respect of the environment;
  • Article 118 on public access and Participation in Parliament;
  • Article 174(c) giving powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them through devolution; and (d) to recognise the right of communities to manage their own affairs and to further their development;
  • Article 184(1) (c) on participation by residents in the governance of urban areas and cities, 196 public participation and county assembly;
  • Article 201(a) on openness and accountability requirements, including public participation in financial matters and;
  • Article 232(l) (d) on involvement of the people in the process of policy making in public service.

The public participation Bill 2016 was introduced for first reading in the Senate House of Parliament on 15th February 2017.

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Our database is continuously updated

if you are aware of publicly available information that is not included, we would be grateful to be notified at info@extractives-baraza.com

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