Walking the Resource Curse Plank? A Critical Analysis of the Resource Curse Causes vis a vis the Kenyan Legal System.

Abstract

The paradox of the resource curse brings about an interesting phenomenon, the mention of resources owned individually or in a community brings about an impression of wealth, prosperity and development. It is an oxymoron to imagine resources as a curse rather than a blessing! The French philosopher Jean Bodin made the delightful comment, stating "Men of fat and fruitful soil are most usually delicate and weaklings, while a desolate nation makes men calm by need, and by result watchful, cautious and innovative." The mining of natural resource especially black gold in Kenya has only been recently developed. Various laws have been debated and passed by the legislative arm of government, however, African countries, Kenya included are notorious for having exceptional black letter law but poor actualization of this law. Should corruption, lack of public participation and the Dutch disease among other things be allowed to creep in? Leading to detrimental results such as the resource curse.