Benefit sharing in Kenya's extractive industry: a look into what entails fair and equitable sharing of natural resources

Abstract

Exploitation of natural resources has often resulted in one affected party losing out or being exploited. This is because of the legal framework not making provisions to ensure that all citizens gained something from the natural resources being exploited. This created the need to come up with the Natural Resources (Benefit Sharing) Bill of 2014 pursuant to article 69 of the Constitution of Kenya which made provisions for the natural resources should be shared in a fair and equitable manner. This study will therefore be looking at what entails a fair and equitable sharing of benefits arising from the exploitation of natural resources in the extractives industry. The findings of what it entails will then be juxtaposed to the existing legal framework for purposes of deciding whether the framework reflects what fairness and equity entails.