Kenyas Mining Bill that has been approved by the cabinet and now awaits parliamentary debate is flawed . One major criticism that i have on this Bill is the absence of segregation of roles between policy formulation , regulation and dispute resolution . The Cabinet Secretary is everything in the Mining Bill. He formulates policy;makes and implements regulations ; and resolves disputes directly or through his appointed ad hoc tribunals. This is not the best practice in any modern economic sect its legal and regulatory framework . Ideally, for a potentially significant sector like mining, there should be an independent regulatory institution( Mining Regulatory Authority) to undertake sector economic and technical regulation. An independent regulator will remove arbitrariness by a Cabinet Secretary in the stewardship of a sector that usually has strong vested interests, and one that is faced with numerous community and environmental challenges . The positions of Directors in Mining Bill are not independent as occupants are appointed by the Cabinet Secretary to work for him through the Principal Secretary. There should be an independent Mining Tribunal for dispute resolution for the same principle of role segregation .
Posted on: Wed, 09 Apr 2014 19:25:45 +0000
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