Extractives Sector – Kenya

By Daniel Morris | 29. April 2021
 

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS

2.3 Land and Natural Resources [Pages 7-8]

Additionally, Kenya has various laws and policies to ensure that communities hosting extractives projects benefit through revenues, employment of local people and utilisation of local goods and services.

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

  1. Lack of knowledge of existing compensation and resettlement framework for the voluntary and compulsory acquisition of land;
  2. Lack of guidance on community consultations in the context of natural resources governance resulting in inadequate participation of local communities in decision making;
  3. Land adjudication has not been undertaken in some areas where businesses are operating or propose to operate, complicating decisions on who the rightful parties to be consulted and compensated are;
  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;
  5. Cultural and historical barriers to access to land by women, minorities and marginalised groups such as indigenous persons. These barriers limit these groups’ participation in and decision-making power over land-related issues; and
  6. Lack of sustainable benefits for host communities from the exploitation of natural resources despite the constitutional imperative for equitable sharing of benefits.

 

2.4. Revenue Transparency [Pages 9-10]

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

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

 

CHAPTER THREE: POLICY ACTIONS

3.1. Pillar 1: The State Duty to Protect [Page 18]

The Government will:

x.      Finalise the development of regulations to the Access to Information Act to facilitate disclosure of contracts, including those that have a significant economic and social impact in the country and join the Extractives Industries Transparency Initiative (EITI) for the facilitation of revenue transparency;