Community Related Aspects Under The Laws Of Kenya In The Extractives Industry

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. 

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