2,722,632/- and Marsabit USD 2,586,500/-. Other counties benefit as follows: Samburu USD 2,541,123/-, West Pokot USD 2,529,778/-, Tana River USD 2,507,090/=, Narok USD 208 million and Kwale USD 2,325,581/=, Garissa USD 2,291,548/= , Kilifi USD 2,234,827 , Taita Taveta USD 2,200,794, Isiolo USD 2,178,106/- and Lamu USD 2,110,040/-. 286. The Fund is used for the specific purpose of providing basic services including water, roads, health facilities and electricity to marginalised areas to the extent necessary to bring the quality of those services in those areas to the level generally enjoyed by the rest of the nation, so far as possible. 287. The Kenyan Constitution sets forth several provisions that require the Government to take action to protect ‘culture’ and ‘genetic resources.’ Article 11 recognizes culture as “the foundation of the nation,” and mandates Parliament to enact legislation to “ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage,” and “recognize and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and their use by the communities of Kenya. 288. Government is currently working on a legal framework on traditional knowledge and traditional cultural expression. The Government has also adopted the National Policy on Culture and Heritage which reiterates the centrality of culture and national heritage to the socio-economic and sustainable development needs of Kenya. The government recognizes the vital role culture plays in sustainable development and ensuring the inclusion and participation of all citizens are guarantees of social cohesion and a prerequisite for peace. 289. Cultural heritage is deemed to include traditional knowledge. Under Article 69, the state is to “protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities.” The National Policy on Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions was adopted by the Kenyan government in 2009.The goal of the Policy is to enhance the preservation, protection, and promotion of sustainable use of traditional knowledge, genetic resources and traditional cultural expressions in Kenya 290. Courts have had occasion to handle issues on utilization of community land and the impact of projects commenced in those places. For example, in Nairobi HCC NO. 14 of 2010 Abdalla Rhova Hiribae & 3 others vs The AG and 6 Others, the petitioners alleged that several projects ranging from shrimp and prawn farming to sugarcane growing and titanium extraction within the Tana Delta had been approved by the respondents without the requisite land use plan and EIA and their implementation without a multiple and comprehensive land use Master Plan would result in violation of the constitutional rights of the petitioners and communities living within the Tana Delta. The court ordered that the responsible agency for the development of the Tana Delta has a responsibility to ensure that any initial plans to develop an area must take into accounts the needs and views of the community; that the plans prepared after the process of consultations must be availed to the community; and the project must be periodically monitored to ensure that that its implementation does not injure the interest of the community or the environment. 64