A significant dispute has emerged between the Turkana community, the Turkana County government, and Tullow Oil Company regarding Sh258 million in oil revenues. The conflict centers on the allocation and management of these funds, which are crucial for the development and welfare of the communities living in oil extraction areas. As a result, the Turkana Extractives Consortium, along with representatives from the Community Land Management Committees (CLMC) of Kapese, Lokichar, and Kasuroi, plans to take the matter to court for judicial interpretation.
Background of the Dispute
The dispute originates from the allocation and use of Sh258 million in oil revenues collected by Tullow Oil Company. The funds were initially intended to be used for levies, rates, and taxes. However, the Turkana community, represented by various CLMCs, contends that these funds should directly benefit the residents of Kapese, Lokichar, and Kasuroi, in accordance with the Community Land Act of 2016.
Community Land Management Committee’s Position
Aule Esikiria, Chairperson of the Community Land Management Committee from Kapese village, has highlighted the committee’s frustration in seeking clarity on how the funds were used. Despite repeated efforts, they have not received satisfactory explanations from either Tullow Oil or the Turkana County government. Esikiria has pointed out that according to the Land Act of 2016, CLMCs are empowered to sue the county government if land rates are not paid to the host community.
The CLMCs argue that the funds designated for land rates should be used to benefit the communities directly affected by oil extraction activities. They assert that from 2011 to 2015, the county government used all the money allocated for these purposes. However, starting from 2016, the funds should be allocated to the communities within the oil extraction areas, in line with the stipulations of the Land Act of 2016.
Support from Local Leaders and Residents
Peter Ewesit, Chairperson for the CLMC from Kasuroi village, has expressed support for Esikiria’s position. He emphasized that the county government is aware of the CLMCs’ roles under the Land Act 2016 and should adhere to the legal requirements for the payment of land rates to the host community.
Veronica Lotesiro, a resident of Lokichar, has echoed these sentiments, stressing that the county government should act as a custodian of the funds paid by Tullow Oil Company. She has requested that the county government allow sufficient time for the Land Committees from Kapese, Lokichar, and Kasuroi to complete the registration procedures necessary for the disbursement of the funds to their accounts. Lotesiro also praised Governor Jeremiah Lomorukai for his commitment to transparency regarding the management of the funds, recognizing that they are meant for the benefit of the community.
Confusion and Calls for Judicial Intervention
The controversy surrounding the Sh258 million has led to significant confusion, prompting the Turkana Extractives Consortium to seek further judicial interpretation. Geofrey Ariong, a representative of the consortium, believes that a court ruling will provide clarity on the responsibilities and liabilities concerning the oil revenue distribution. Ariong hopes that legal intervention will resolve the ambiguities and determine who is at fault in this matter.
The Role of the Turkana County Government
The Turkana County government has been at the center of this dispute, with accusations of mismanagement and lack of transparency in handling the oil revenue funds. The CLMC members have urged the county government to honor the legal requirements of the Land Act 2016 by paying the land rates to the host communities from 2016 to the present. The county government’s response to these requests and its role in resolving the dispute will be crucial in determining the outcome.
The dispute over the Sh258 million oil revenues highlights significant issues regarding the management and allocation of funds from natural resource extraction. The clash between the Turkana community, the Turkana County government, and Tullow Oil Company underscores the need for clear legal and financial guidelines to ensure that resource revenues benefit the communities directly affected by extraction activities.
As the matter heads to court, the hope is that judicial interpretation will provide a resolution to the conflict and ensure that the funds are used in a manner that aligns with legal requirements and community expectations. The outcome of this case will not only impact the Turkana community but also set a precedent for the management of oil revenues in Kenya’s resource-rich regions.
