It’s Kenyans’ duty to protect their natural heritage

Who owns Kenya? This is an emotive question that can create ripples or provoke a deep sense of patriotism. I much prefer the latter. The simple answer is, ‘We’ own Kenya.

This is your land and every God-given resource herein. Every living creature and natural resource has been entrusted to you. Beneath the surface, there are precious metals, precious stones and much more for future generations. 

Articles 71(2) and 72 of our constitution have rightly made room for drafting legislation that secures these resources and limits both exploration rights and the issuance of mining rights to non-Kenyans.

Article 71(1) provides that Parliament will ratify such exploration agreements where non-Kenyans are involved, but these classes of agreements are yet to be identified and made law. Leaving it open for parties to these agreements to set the parameters leaves much room for error and exploitation by overzealous businessmen. It is prudent that a base standard be set. 

There is also a need for a resounding declaration in law that in the next, say, 30 years, all marine, forest and wildlife conservation programmes should be primarily run by Kenyans and other contributions of goodwill would be secondary.

We must put time pegs in law to establish control over access to our resources, simply because we have a responsibility to play an active role in this on a larger scale than we are doing now. Article 42 of the constitution secures that right.

Grit and acumen

Kenya, prosperity is coming, just as sure as the sun rises every morning. What is left for us to do is secure our resources and not leave a single sector behind. Our legislative arms are aware of the gravity of these times we are living. Non-African nations have never shied away from the scramble for African resources.

Perhaps this same prosperity that awaits, has given us time to come of age with the grit and acumen to steer this ship called Kenya into the great unknown. If we believe in each other without giving in to the noise that corruption is too rampant for progress in Africa, then we will together raise the standard steadily and take control of what is rightfully ours.

There was a man called Nehemiah in 444 BC who loved his people greatly. This love drove him to take a stand and lead the rebuilding of his great city’s wall. He led priests, nobles and officials in this good work for the hand of the Lord was with him. He said, “The God of heaven Himself will prosper us; therefore, we His servants will arise and build.”

And to his enemies he said, “...but you have no heritage or right or memorial in this city.” This is equally true for Kenya. Kenya has always been open to working with people of every nationality and background and this won’t change, but a shift in our responsibilities is coming.

The heritage of the land is foremost for Kenyans to build and protect, then we can all enjoy it together. But we must do this under the law and carefully devise policies that reflect our strengths and values.

Ms Njirwa is an Advocate of the High Court of Kenya; @PatriciaNjirwa