Other Kenyan Regulatory Bodies

From Oil4All
Jump to: navigation, search

As of April 2013, the following institutions govern Kenya's upstream petroleum sector in addition to the National Oil Corporation of Kenya (NOCK), the Kenya Pipeline Company (KPC), the Kenya Petroleum Refineries Limited (KPRL), the Ministry of Energy and Petroleum, the Energy Regulatory Commission, the National Fossil Fuels Advisory Committee (NAFFAC) and Kenya's Environmental Regulatory bodies:[1]

  • the Kenyan Mines and Geology Department which conducts geological surveys and research, maintains a geo-scientific database and information, and administers legislation relating to mineral resources development
  • the Kenyan Ministry of Local Authority County Council and Municipal Councils which coordinates all functions of local authorities (with the implementation of the 2010 Constitution, these local authorities have been subjected to constitutional county governments and it is not clear what role the ministry will be playing in the new governance structure.)
  • the Kenyan Ministry of Finance,, which is responsible for setting the fiscal tax regime and the national budget. Setting up a sovereign wealth fund may fall within this ministry’s purview
  • the Kenya Revenue Authority which is responsible for the administration of taxes and other central government payments
  • the Kenyan State Law Office which provides legal advice to the government, conducts prosecutions and develops legislative drafts
  • the Office of the President and Ministry of State for Provincial Administration which are responsible for the public administration and internal security of the country. Both institutions also coordinate state functions and offer reception services to all government ministries
  • Ministry of State for Development of Northern Kenya and Other Arid Lands which is responsible for infrastructural development, the planning of townships, livestock development, natural resource management and the implementing of special programmes for the region.

National Land Commission

The 2010 Constitution provides for the establishment of the National Land Commission (NLC).[2] As of March 2013, the NLC is in the process of being constituted under the National Land Commission Act, which came into force in May 2012.[3] According to Freshfields, Bruckhaus and Deringer, the administration of minerals and mineral oils is to be vested in the NLC under the 2010 Constitution and it is not clear how this will affect the powers of the Minister of Energy under the Petroleum Act. [4]

According to the 2010 Constitution, the NLC has the following functions:[5]

  • to manage public land on behalf of the national and county governments
  • to recommend a national land policy to the national government
  • to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya
  • to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities
  • to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress
  • to encourage the application of traditional dispute resolution mechanisms in land conflicts
  • to assess tax on land and premiums on immovable property in any area designated by law
  • to monitor and have oversight responsibilities over land use planning throughout the country

References

  1. Kenya Petroleum Sector Scoping Study”. Sustainable Integrity GmbH, April 2013.
  2. Kenya”. Freshfields Bruckhaus Deringer, retrieved 25 October 2013.
  3. Kenya”. Freshfields Bruckhaus Deringer, retrieved 25 October 2013.
  4. Kenya”. Freshfields Bruckhaus Deringer, retrieved 25 October 2013.
  5. Constitution of Kenya: Chapter Five - Land and Environment”. Kenya Law Reform Commission, retrieved 6 May 2010.