The extractives industry effects on communities are far reaching affecting communities both positively and negatively.
This is well documented in resource rich countries in which royalties and taxes provide funds that can be invested in infrastructure and social services as well as extractives projects creating local jobs. The projects also have the potential to spur demand for locally produced goods and services, supporting livelihoods and spurring economic growth.
On the other hand, extractives revenues can be—and there is plenty of evidence that they routinely are—spirited or frittered away, leaving little to show by way of long-term productive investment or better living standards. Thus, the importance of community related laws cannot be overemphasized.
In Kenya, the laws have attempted to address community concerns and create more opportunities and protection. These aspects have been tracked to enable stakeholders base their engagement on community concerns within the provisions of the law.
|Statute||Required Community Related Aspects|
|The Constitution 2010|
|The Mining Act, No. 12 of 2016|| |
Ownership and Access to land; section 40.
Benefit Sharing; Section 183
Community Development Agreements; Section 109
Local Content equity participation; Section 46 & 47, Section 50
|The Petroleum (Exploration and Production) Act Cap 308 of 1985|| |
Ownership; section 2&3
Ownership and Access to land; section 10
Local Content: 9(1) (g)
|Community Land Act No. 12 of 2016|| |
Ownership and Access to land; Section 4
Benefit Sharing and Community Participation; section 36 (1).
|Environmental Management and Co-Ordination Act CAP 387|| |
Community/public participation; section 2
Culture; section 5 & section 43.
Access to land; section 42 (2) (b).
|Water Act Cap 372 of 2002.|| |
Community/public participation; section 16 (3).
|The Local Content Bill, 2016|| |
Community/public participation; Long Title of the Bill, Clause 2, 3 & 4.
Local Content; Part Iv & section 19.
|The Petroleum (Exploration Development and Production) Bill, 2015|| |
Community/public participation; part III
Local Content; Part IV & part VI of the bill.
Ownership and Access to land; clause 108.