Wednesday, April 4, 2012

Turkana oil controversy rages on


Written By:Judith Akolo,    Posted: Wed, Apr 04, 2012
Leaders from Turkana County have accused the Government of sidelining them and Turkana community in the Turkana Oil Discovery (File Picture)
The lacuna in the legal provisions expected to operationalize Chapter 5 of the Constitution on Land and Environment should not offer a leeway to those intending to disenfranchise the community following an oil find in the Turkana County.
Chairman of the Land Development and Governance Institute (LD&GI) Ibrahim Mwathane says lack of legislation to operationalize Article 66(2) of the Constitution must not be used to put the Turkana at a disadvantage since they are already losing grazing land to the oil exploration.
"We urge the leaders in Turkana to continue the speaking against this injustice and could see them lose and miss out on the benefits arising from the oil discovery," said Mwathane.
Article 66(2) states that "Parliament shall enact legislation ensuring that investments in property benefit local communities and their economies."
The Executive Director Mwenda Makathimo called for policy formulation that protects the communities living on community land on which mineral resources have been discovered.
They urged for the establishment of a legal framework that recognizes the community and private land rights.
"Devise and implement participatory mechanisms for compensation for damaged crops and loss of land and sharing of the benefits from the oil by affected communities and individuals," said the Land Development and Governance Institute.
The civil society organization has at the same time questioned the rationale by which the Committee on Land and Natural Resources has opted to synthesis the views raised by the public on the three land bills; The Land Commission Bill 2012, The Land Bill 2012 and the Land Registration Bill of 2012 at the same seating with Ministryof Lands officials.
They demanded for there to be equal participation by all interested parties the civil society organizations must also be involved to make their input.
They urged the public to seek out their members of parliament and seek to know the contents of the bills be redrafted before they are presented to parliament.
"You the public must seek to know if your interests are being addressed," said Makathima .
According to Makathina the bills will be rushed through parliament and in the end Kenyans will be the biggest losers.
On Tuesday Energy Assistant Minister Energy Assistant Minister Langat Magarer assured the Turkanas of government protection against selfish people after leaders from the community asked the government to explain how the parcel of land where the oil was discovered changed hands.

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