And if they think someone is destroying or polluting the environment in the course of exploiting these resources, they can go to court without necessary having to prove how the action is going to cause personal loss or injury.

They also have to be consulted during the development and implementation of policies and programmes on natural resources and matters to do with the environment.

These are some of the provisions in the draft constitution being debated at the National Constitutional Conference (NCC) at the Bomas of Kenya, Nairobi.

The provisions - touching on natural resources and the environment- are, for the first time, empowering communities to take a leading role in deciding how their natural resources are used.

During debate on devolution of powers, a huge number of delegates were decisive on what they want.

They proposed that 50-60 per cent of income generated from natural resources be ploughed back to benefit the communities amongst whom such resources existed.

The rest should go to the government Treasury for national programmes, they recommended.

But some delegates at the conference differed. They want the percentage to be below 40 per cent, so that the national government does not run the risk of failing to deliver on national programmes because of insufficient funds.

National Co-ordinator of Kenya Land Alliance, Odenda Lumumba warned: "Although communities should have power on how natural resources are used, their policies and those of the national government should be in harmony."

If this happens, Lumumba says, the environment and the resources therein will be used in a sustainable manner.

The proponents of resources sharing proposal say they want to use the percentage of the money that remains with them to invest in the education of their children as well as improving infrastructure in their districts.

---