ADVOKS GLOBAL · KENYA
Natural Resources (Classes of Transactions Subject to Ratification) Act
4. Classes of Transactions
Edition: 2022-12-31 · In force
4. Classes of Transactions
(1)The classes of transactions set out in the Schedule are subject to ratification by Parliament pursuant to Article 71 of the Constitution.(2)Notwithstanding subsection (1), the following classes of transactions shall not be subject to ratification by Parliament—(a)subject to paragraph (e), the grant of a concession or right to exploit a natural resource through a permit, licence or other authorization issued in accordance with the requirements of national or county government legislation;(b)the grant of a concession or right by a private person to exploit a natural resource through an agreement or a contract;(c)the grant of a concession or right to exploit a natural resource for scientific research, educational or other non-commercial purposes unless the exploitation involves taking the natural resource or an portion of it outside of the jurisdiction of Kenya;(d)the exploitation of a natural resource by a Kenyan national for subsistence purposes in circumstances in which the law does not require that a permit, licence or other authorization be obtained; and(e)the exploitation of a natural resource in quantities falling below a threshold prescribed by the Cabinet Secretary by notice in the Gazette or below a threshold specified in the Schedule to the Act.