KulaRaha wrote:According to the Constitution, such rights can only be given by Parliament.
But then, who cares about the constitution in Kenya?
@KulaRaha
You are partly right and partly wrong.
Article 71 of the Constitution provides as follows:
"71. (1) A transaction is subject to ratification by Parliament if it––
(a) involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource of Kenya; and
(b) is entered into on or after the effective date.
(2) Parliament shall enact legislation providing for the classes of
transactions subject to ratification under clause (1).
But
Paragraph 8(3) of the Sixth Schedule (Transitional Provisions) provides:
"The provisions of Article 71 shall not take effect until legislation contemplated under that Article is enacted."
So what Kenyans should be demanding for is the urgent enactment of the legislation regarding the transactions that require parliamentary ratification.