Key Institutions

This section contains information on the key players in Kenya's Extractive Industry.

Introduction

This section contains information on Key Institutional players in Kenya's Extractive Industry. In this section you will find information on the Key Players in the Mining Industry, Oil and Gas Industry Overarching institutions. Below is a table containing information on the Overarching Institutions in the sector.


Overarching Institutions

No. Stakeholder Role/ Functions

1.

National Land Commission

This is the body in charge of administration and management of public land in Kenya. It also has the mandate to effect a compulsory acquisition of private and community land for public purposes. The National Land Commission's mandate extends to the extractive sector within the context of natural resources. This includes addressing issues relating to the acquisition of land rights for the purposes of the extractive sector including setting aside of public land, compulsory acquisition and compensation.

2.

The Legislature

The legislature (which includes the National Assembly and the Senate) is tasked with playing an oversight role in the management of natural resources by virtue of Article 71 of the Constitution of Kenya, 2010.

• The National Assembly ratifies transactions involving the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource.
• The Senate, on the other hand, protects the interests of counties and their governments on matters such as sharing of revenues derived from natural resources.

3.

County Governments

These are the decentralized executive entities at the devolved level for each county within Kenya. The county governments directly control the regions where extractive sector activities are being undertaken. They also manage the funds from extractive activities shared from the national government for both the county governemnts and community allocation. Conuty assemblies play a role in passing legislation as well as oversight on the use of funds.

4.

The Attorney General

The Office of the Attorney General and Department of Justice is established under the Executive Order No.2 of 2013. Further, Article 156 of the Constitution of Kenya 2010 and the Office of the Attorney General Act 2012 set out the Constitutional mandate and functions of the Attorney General. The Attorney General (AG), by virtue of his role as the chief legal advisor, plays a major role in the sector.

• All laws and regulations developed for the sector have to pass through the AG's office.
• Further, agreements on extractive resources also go through this office before they are ratified by the National Assembly.

http://www.statelaw.go.ke/ 
Organization of the Republic of Kenya: Executive Order no 2 of 2013

5.

The Judiciary

The Judiciary is tasked with handling any disputes that may emanate from the extractive sector whether they relate to land rights, mineral rights or any other issues from the sector. This role is only limited where agreements expressly limit dispute resolution to arbitration as is common in many mineral agreements.

Court Structure:

1. Superior Courts

a) Supreme Court,
b) Court of Appeal,
c) High Court,
d) Employment and Labour Relations Court and;
e) A court to hear matters concerning the Environment, and the use of, occupation of and title to land.

2. Subordinate Courts

a) Magistrates' Courts
b) Kadhis Courts
c) Court Martial, and
d) Any other court or local Tribunal established by an Act of Parliament

6.

Environment and Land Court

By virtue of Article 162 (2) (b) of the Constitution of Kenya, 2010, the Environment and Land court was established to deal with matters concerning the environment and the use of occupation of, and title to, land.

7.

National Environment Management Authority (NEMA)

This is the main body tasked with implementation of the Environmental Management and Coordination Act. It is supposed to regulate environmental matters including those affecting the extractives sector. The Authority is a Semi-Autonomous Government Agency (SAGA) under the Ministry of Environment, and Natural Resources and has been in operation since 1st July 2002. The Authority works closely with lead agencies and development partners, the latter who include UNEP, UNDP and DANIDA.

8.

The Kenya Revenue Authority

The Kenya Revenue Authority (KRA) was established by an Act of Parliament, Chapter 469 of the laws of Kenya, which became effective on 1st July 1995. The Authority is charged with the responsibility of collecting revenue on behalf of the Government of Kenya. It implements a number of laws including the Income Tax Act which relates to, among other things, the taxation of operations relating to oil, gas and mining activities.

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