A path towards distribution and governance of 10% mineral royalties to host communities pursuant to section 183(5) of the mining act 2016.
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Authors
MIRITI, HOPE
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Strathmore University
Abstract
The main objective of this dissertation is to discuss the path towards distribution and governance of the 10% royalties allocated to host communities under section 183(5) of the Mining Act 1 and Article 69 2 of the Constitution. There has been concerns raised about the government holding then10% royalties due to host communities despite the continued mining operations in Kenya. The Ministry of Mining ,through the former Cabinet Secretary, Dan Kazungu reported that, ``The Government is still holding on to hundreds of millions of shillings belonging to communities in mineral-rich regions citing lack of a framework through which it can forward the money to the communities despite the increased mining operations.’’
Description
Kenya has recently been experiencing a boom in the mining sector. This boom is attributed to the increased discovery and exploitation of commercially viable minerals 4 such as; Titanium, Diamond Gold, fluorspar, diatomite, amongst many others. 5 Investments by multinational mining corporations such as Base Titanium, that mines mineral sands on large scale in Kwale, 6 has been witnessed. Prior to this, large scale mining had not been a prominent feature in the country and the revenue collected from the mining operations was minimal.