Policy Update: Call for Memoranda on the Natural Resources (Benefit Sharing) Bill No. 6 of 2022

The Natural Resources (Benefit Sharing) Bill 2022 sponsored by Senator Danson Mungatana seeks to provide a legislative framework for the establishment and enforcement of a system of benefit sharing in natural resources exploitation between natural resource exploiters, the National Government, County Governments and local communities and provide that the commission for revenue allocation oversees the same.

The Bill which originated from the Senate moved from the National Assembly and is now back to the Senate. The Senate has called for submissions of memoranda on the Bill by Close of Business 4^th September 2023.

The National Assembly voted for the initial Bill and incorporated a number of amendments among them that 20% goes towards the Sovereign Wealth Fund, 48% to National Government, and 32% to County Government (19.2% to entire county and 12.5% to affected community).

The Senate Bill (find attached) Senate Bill no6 on the Natural resources benefit sharing bill 2022 proposes the benefit sharing ratio as 60% towards National Government and 40% to County Government (24% to affected community and 16% to entire County).

Read KWCA’s previous submitted memoranda on this link

KWCA Position;

• Wildlife to be excluded from the Bill as it’s not an extractive natural resource
• The cost of conservation to be factored in when coming up with a benefit sharing ratio for wildlife resources
• Land ownership to be factored in the Bill i.e. national parks and reserves vis a vis private and community conservancies
• Section 76 of the WCMA to be maintained as it provides incentives for wildlife conservation.