Extractives Sector – Kenya

CHAPTER TWO: THEMATIC AREAS OF FOCUS

2.1  Land and Natural Resources [Pages 12-13]

The Constitution also guarantees access to information, community empowerment and inclusion in decision-making and benefit sharing from the exploitation of natural resources. Additionally, Kenya has various laws and policies to ensure communities hosting extractives projects benefit through revenues, employment of local people, and utilisation of local goods and services.

The NAP consultations identified the following challenges related to land, natural resource development and business:

4. The Mining Act has not been fully operationalised with regards to the sharing of revenues, effectively denying local communities impacted by the operations of mining companies the rights and protections under the law

6. Lack of sustainable benefits for host communities from the exploitation of natural resources despite the constitutional imperative for equitable sharing of benefits.

2.2. Revenue Transparency [page 15]

Despite the above efforts, the NAP consultations identified several challenges that affect revenue transparency:

3) Lack of transparency in administration and management of revenues from the exploitation of natural resources including from mining and oil and gas activities

2.3. Environmental Protection [Page 15]

There is growing global consciousness on the impacts of business on the environment. The operations of businesses such as extractives, manufacturing and infrastructure could have adverse impacts on the environment leading to illness or death of populations

 

CHAPTER THREE: POLICY ACTIONS

3.1. Pillar 1: The State Duty to Protect [Page 22]

The Government will:

10) work with stakeholders to develop a natural resource revenue management policy and regulatory framework for administering and managing natural resource revenue paid to host communities. This framework should seek to promote equity, inclusivity and community decision-making and will include training to enhance the capacity of communities to manage their affairs. It will also serve to guide the operationalisation of mining revenue as envisaged by the Mining Act, 2016; […]