‘Involve locals in mining contracts’

Petroleum and Mining Cabinet Secretary Hon. John Munyes is taken through the Peli Safety flashlight kit used in the Oil and Gas industry by Pelican Products company Manager from South Africa Ms. Sanette Nel. [File, Standard]

Communities from areas mineral-rich areas are at risk of being sidelined because they are excluded from the process of making major decisions, experts have said.

Participants in an extractive forum in Nairobi yesterday said there was a need to find a way to increase the participation of communities in projects, including having them as parties signing contracts with exploration and production companies.

“Much as we want to have the communities on board in contract signing, there are no specific ways of engaging them,” said natural resources lawyer Kirumba Mwaura.

“Traditionally, contracts are between two parties; the Government and the oil company. There must be a structured way in which the communities are brought in.”

Two parties

Kenya is positioning the extractive industry as among the major growth areas expected to substantially boost the economy.

The high hopes in the sector are driven by major discoveries of oil and minerals such as gold in different parts of the country.

Korir Sing’oei, the legal adviser of the deputy president, said the Petroleum Exploration and Production Bill was among the major interventions that are expected to increase participation by local communities in extractive projects.

“The challenge that we have is an old legislative regime. There are, however, provisions in the Constitution requiring the State to undertake extractive activities in consultation with communities and county governments,” he said.

“The Constitution also requires that any development within a specific area shall benefit the people of that locality. The Government must formulate a scheme that is cognisant of the area where the activity is taking place."