Govt urged to tighten natural resource laws

The government is set to review laws and regulations governing natural resources.

According to the office of the Attorney General, this will ensure the country is able to resolve disputes between the government and investors while ensuring the country reaps maximum revenue from the natural resources.

Deputy Solicitor General Christine Agimba said there’s also need to train local lawyers on the global standards of mining laws to ensure effective legal council is offered when structuring contracts with investors.

“We acknowledge the importance the importance of local legal counsel as transaction advisors to either the government or the investors coming into the country. Public sector lawyers play a very critical role in identifying and determining the best fit and outcome of legal and financing agreements, contracts and negotiations,” Ms Agimba said.

The ministry of mining recently had the Mining Act enacted, replacing mining laws that had been used since 1940. The deputy Solicitor General said Kenya had progressed in formulating laws to ensure natural resources are properly managed.

Speaking during a training seminar organized by the East African Development Bank (EADB) Ms Agimba observed that the country was increasingly putting in place legal and regulatory mechanisms to support the investments in the extractives sector.

This includes reviewing of outdated legislation and the enactment of new laws as well as other mechanisms to improve the investment climate and enhance the ease of doing business.

“The Energy Act has been reviewed through the Energy Bill, 2015, which is currently before Parliament, and we are also reviewing the Petroleum (Exploration and Production) Act,” she added.

The rise of exploration activities has also seen a rise in litigation both before Kenyan courts and internationally. According to Ms Agimba, the AG’s office was in the process of setting up an effective dispute resolution system.