Counties will be compelled to agree on how to share and manage transboundary resources if a proposed law is passed by senators.
The County Resource Development Bill outlines how counties can develop and share resources and resolve conflicts arising from them.
The Bill is sponsored by nominated Senator Rose Nyamunga.
“The principal objective of the Bill is to ensure county governments make maximum use of the resources within their location in the interests of economic development,” Nyamunga said.
The draft law grants counties powers to map resources within their locality, manage and use them to develop their areas.
Where two or more counties share a resource, the respective county governments shall formulate a sharing plan that ensures equitable returns for the parties.
The plans shall then be sent to the respective county assemblies for public participation and approval.
“The county executive member shall implement the resource-sharing plan upon the approval of the county assembly,” the Bill reads.
In the event of a dispute over resources, the affected county governments shall report to the Summit, Council of Governors or any other intergovernmental body for arbitration as stipulated in Section 34 of the Intergovernmental Relations Act.
Court petition is the last resort.
Where a resource existing is run by the national government, a revenue-sharing plan will be agreed on by the two levels of administration.
“In the event of a dispute over a resource, the national government and the affected county government shall refer the dispute for resolution in accordance with Section 31 of the Intergovernmental Relations Act,” the Bill states.
The Bill also gives counties the freedom to enter into an agreement with private entities for purchases of exploiting the resources.
In such cases, at least 40 per cent of the profits accruing from the exploitation of the resource shall revert to the county and benefit the local communities.
A county government may agree with another county to exploit and manage resources within their respective county.
Such an agreement shall be in writing and accessible to the public.
Each county shall provide for the inclusion for the sustainable management and development of county resources in the respective county development integrated plan formulated.
The Bill further enables the formation of economic blocs between counties and makes provisions for a sample of a written agreement for an economic bloc.
“County governments may enter into an agreement for the establishment of economic blocs where they have a shared geographical region and for the enhancement of trade and economic development,” it reads.
The economic bloc shall prioritise industrial production, development and exploitation of existing resources within the counties.
(edited by o. owino)
