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1
ABBREVIATIONS
CBO Community-Based Organization
DRC Democratic Republic of the Congo
DWO District Water Officer
EBR Export beneficiation ratio
EIA Environmental impact assessment
EIM Environmental impact management
G7 group of 7 major industrialized countries
GDP Gross domestic product
GNP Gross national product
KC Kitui County
Ltd Limited company
NRM Natural Resources Management
MNRCS Mathima Natural Resources Cooperative Society
MMSD Mining, Minerals and Sustainable Development
MMSD-KC MMSD Kitui County
N. A. Not available
NGO Non-Governmental Organization
PBR Production beneficiation ratio
RT2 Research Topic no.2 (Baseline survey) of MMSD-KC
SEUCO South Eastern University College
SSM Small-scale mining
UNDP United Nations Development Programme
2
LIST OF TABLE AND FIGURES
Table 1: Work plan of the baseline survey.
Figure 1: The Tsavo East National Park in County of Kitui
Figure 2: Livestock keeping in Kitui County
Figure 3: The high poverty levels in Kitui County.
Figure 4: Lundi primary school: One of the educational facilities in Mui division.
Figure 5: The water problem in Kitui County
Table 2: Mining and quarrying processes and their impact on the environment.
Figure 6: Mui mines and Minerals, a small-scale strategic enterprise in Mui market.
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DEFINITION OF TERMS
“Consent‖ means the express or tacit permission, whether in writing or otherwise, of the
owner to the occupation by the occupier of the land in question;
―consultation‖ refers to the process whereby the affected persons, on their own or through
their organizations or appointed representatives are provided an opportunity to be heard and
to participate in the decision-making process on matters involving any proposed eviction so
that they can protect their legitimate collective interests and shall include appropriate
documentation and feedback mechanisms;
―Court‖ means the High Court in whose area of jurisdiction the land in question is situated; a
court established under Article 162(2) (b) of the Constitution;
―forced evictions‖ or ―arbitrary eviction‖ refer to the permanent or temporary removal,
against their will, of individuals, families or communities from their home or land which they
occupy, without the provision, and access to, appropriate forms of legal or other protection;
“housing‖ means any building or other shelter or part thereof in which people live or carry
out business;
“Land” has the meaning assigned thereto in the Constitution and includes a building or any
dwelling structure erected on land; "minerals" means all minerals and mineral substances,
other than mineral oil as defined in the Mineral Oil Act, and may be precious metals, precious
stones or non-precious minerals, but save for the purposes of Part V of this Act and of the
Mining (Safety) Regulations, does not include clay, murram, limestone, sandstone or other
stone or such other common mineral substances as the Minister may by notice in the Gazette
declare not to be minerals for the purposes of this Act. Always provided these do not contain
any precious metal or precious stone in economically workable quantities;
"Non-precious minerals" means all minerals other than precious metals or precious stones;
"officer of the Mines and Geological Department" means an officer appointed under section
9: Minerals Act
"open-cast" means any uncovered excavation which has been made from the surface for the
purpose of winning minerals;
"Precious metals" means gold. silver or metal of the platinoid group in the unmanufactured
state, including ores containing such metal, but does not include ores containing any such
metal in combination with another mineral where such metal cannot be worked apart from
such mineral and the value of such metal is less than the cost of producing both the metal and
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the mineral; reasonably necessary to enable the prospector to test the mineral-hearing
qualities of the land;
"Protection area" means an area within which an exclusive right prospecting is acquired
under a protection notice;
"Protection notice" means a notice posted by the holder of a prospecting right in the
prescribed manner for the purpose of creating a protection area;
"The regulations" means the regulations for the time being in force under the Mining Act;
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Table of Contents
ABBREVIATIONS .................................................................................................................. 0
LIST OF TABLE AND FIGURES ......................................................................................... 2
DEFINITION OF TERMS...................................................................................................... 3
1. INTRODUCTION ............................................................................................................ 8
1.1. Objectives of the Baseline Survey ..............................................................................8
1.2. Scope and Focus of the Baseline Survey ....................................................................8
1.3. Methodology ...............................................................................................................9
1.4. Indicative work plan and Budget ..............................................................................10
1.5. Justification of the baseline survey ...........................................................................12
1.6. Profile of the study area-Kitui County ......................................................................13
1.6.1. Geography of Kitui County .......................................................................................14
1.6.2. Population of Kitui County .......................................................................................14
1.6.3. Government of Kitui County.....................................................................................14
1.6.4. Economy of Kitui County .........................................................................................15
1.6.5. Number of Institutions (2011): Primary over (1,098), Secondary (over 181) ..........16
1.6.6. Health in Kitui County ..............................................................................................17
2. METHODOLOGY AND STUDY AREA OUTLINE ................................................. 18
2.1. Introduction ...............................................................................................................18
2.2. Anticipated constraints ..............................................................................................19
2.3. Regional interpretation of sustainable development .................................................19
2.3.1.An overview of the priority topics on the region‘s sustainable development
agenda....................................................................................................................19
2.4. Purpose of the baseline survey ..................................................................................19
3. ISSUES RELATING TO MINING IN KENYA .......................................................... 21
3.1. Policy and Legislation .................................................................................................... 21
3.2. Kenya Mining Act .....................................................................................................21
6
3.3. Mineral Development Policy ....................................................................................22
3.3.1. Prospecting rights ......................................................................................................22
3.3.2. Royalties and export permits .....................................................................................23
3.3.3. More General provisions from the Mining Act! .......................................................24
3.3.4. Grant of leases ...........................................................................................................24
3.4. National Environmental Management Authority (NEMA) ......................................27
3.5. NEMA Regulations on Mining: ................................................................................27
3.8. National Context: (Instruments that govern evictions and resettlements ..................31
3.9. Case study on a successful handling of resettlement in Kenya: ................................31
4. INDUSTRY DESCRIPTION......................................................................................... 32
4.1. Minerals Position in Kenya .......................................................................................32
4.2. Coal Mining In Kitui County ....................................................................................34
4.2.1. The Mui Coal Basin ..................................................................................................34
4.2.2. Community reactions/NRM and Advocacy issues....................................................36
4.2.3. Fears of the community .............................................................................................41
4.3. Government plans regarding mining in Kitui County ...............................................42
4.3.1. Industrial Zone ..........................................................................................................42
4.3.2. Energy .......................................................................................................................42
4.3.3. Tenders ......................................................................................................................42
4.3.4. Conditions for contractors and mapping of the area .................................................43
4.3.5. Current Coal Mining Companies in Mui ..................................................................43
4.3.6. Limestone Mining at Mutomo/Ikutha Districts .........................................................43
4.3.7. Cement Mining Companies in Mutomo/ Ikutha Districts .........................................44
4.3.8. Individual land Lease- versus- Kitui Council Tendering Approach .........................45
4.3.9. Limestone rich areas..................................................................................................46
4.4. Interactions and trends between mining, communities, society and the environment
46
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4.4.1. Factors the mining companies should consider.........................................................46
4.5. Supply chain issues ...................................................................................................49
4.5.1. Generalized processing chain ....................................................................................50
4.5.2. Land access and use issues ........................................................................................50
5. THE MINING PROCESS AND SITUATION IN KENYA........................................ 51
5.1. Desired drivers of change ..........................................................................................51
5.2. Mining and Quarrying Activities of Limestone ........................................................51
5.3. Impact of Mining on the Environment ......................................................................55
5.4. Physical Effects .........................................................................................................57
5.6. Mining Impact in Kenya ...........................................................................................58
5.7. Environmental Impact Assessment and Audit (EIA\EA) .........................................59
5.8. Environmental Impact Assessment (EIA) review process ........................................59
5.9. Trends in the impact of mining on the economy .......................................................61
5.10. Role of small-scale and artisanal mining in the region .............................................61
6. RECOMMENDATIONS ............................................................................................... 65
REFERENCES ....................................................................................................................... 66
APPENDICES ........................................................................................................................ 67
Appendix 1: CBOs .................................................................................................................67
Appendix 2: Advocacy issues of the CBOs ..........................................................................73
Appendix 3: Baseline Questionnaire .................................................................................... 74
Appendix 4: Map of Kitui County ........................................................................................ 77
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1. INTRODUCTION
The baseline survey, numbered is no. 2 of 2 research topics studied in the Kitui county
regional analysis (MMSD-KC) for the Mining, Minerals and Sustainable Development
(MMSD) project.
1.1. Objectives of the Baseline Survey
The baseline results are critical in establishing benchmarks for CRM program performance
measurement as well as generate data for evidence-based decision making.
i. Area mapping to identify the location of these mineral resources, the NRM issues,
community participation in NRM, community needs, state and non state actors roles
in NRM, different partners and CBOs in the area
ii. To provide information on the status of community participation and challenges the
community is facing.
iii. Identify policy gaps and make appropriate recommendations for programme
intervention
iv. Identify and recommend opportunities and synergies for better results and
leverage/linkages
v. To provide benchmark information for measuring project achievements and impact (at
the project objectives, intermediate results levels)
vi. To provide information on the number of CBO‘s and other partners actively engaged
in issues of NRM
vii. Mapping out the political area and political figures in these areas.
1.2. Scope and Focus of the Baseline Survey
Scope:
Specifically targeting – Mutitu, Mutomo, Nzombe and Mui districts in Kitui County general
outlook on NRM issues (especially looking at the issues being addressed by the project).
Focus:
Focus should be on the project objectives and the project result areas.
Specific responsibilities of the consultant will include the following:
Analyze the CRM project and review relevant literature. (national, regional and
community level reports)
Design and produce baseline survey tools.
Conduct field survey and area mapping. Methods may include questionnaire,
interviews, focus group
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Discussions and meetings with local community organizations, local leaders, other
NGOs operating in county and government units in the project regions. The survey
must clearly ascertain the present status on levels of community participation in NRM
Design database for data entry, analyze the data; identify specific gaps/deficits in
community participation in NRM issues; and clarify CBOs training and other needs to
be met comparing with the already developed advocacy plan.
Identify lead agencies or local community organizations/groups that can be used for
lobbying/advocacy and collaboration purposes
Prepare and submit final report of baseline survey, incorporating feedback from
stakeholders.
Prepare and present draft report of findings to OLF and the CRM project donors
1.3. Methodology
The baseline survey will be comprised of a desk review/survey and field visits.
Conduct a desk review including an analysis of documents, policy papers, national
surveys and reports that have been produced in connection with the project. This will
involve the following;
- Identification of the relevant government institutions and department
holding pertinent and relevant survey reports/ documents
- A visit to the offices to secure authority and access to the documents
- Carrying out secondary data through document reviews and analysis
- Printing and purchase of relevant documents at Government Printers
Develop a comprehensive data collection tool for the above assignment.
Develop participatory methodologies for the survey. This will take the form of the
following;
- Focussed Group Discussions
- Use Of Community Key Informants
- Brainstorming Sessions and Plenary Discussions
- Use of Checklist and Semi-Structured Interviews
Conduct field visits and interviews with communities, CBOs, NGOs, local leaders,
local authorities in the selected areas. This will involve the following activities;
- Mobilization of stakeholders
- Identification of appropriate meeting venue and facilitation and other
meeting logistic
10
1.4. Indicative work plan and Budget
Activity Details No. of
Persons
No.
of
Days
Remarks
1. Secondary data
collection
Policy and Project
Survey Reports
acquisition from the
following Institutions
- Min. of Environment
& Natural
Resources/ Dept of
Mines & Geology
Brian
Mutie+2
Field
assistant
2
Accomplished
- Ministries of Lands
& Local Govt.
Brian
Mutie+2
Field
assistant
1 Accomplished
- Districts gender &
Social Services/
Provincial Admin (in
the respective 3
districts)
Brian
Mutie
3
Accomplished
- Purchase of relevant
documents from
Government Printers
Brian
Mutie
1 Accomplished
2. Documents
review/analysis
This exercises will be
carried to identify key
policy issues regarding
the assignment
Brian
Mutie
2 Accomplished
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3. Development of
data collection
tools
Brian
Mutie
2 Accomplished
4. Field Visits and
Interviews
This will be done in the
four projects area and
will involve the
following;
- Mobilization of
stakeholders in
the 4 areas
Brian
Mutie
1 Field
Assist
4
4
Accomplished
- Actual data
collection in the
4 areas
Brian
Mutie
2 Field
Assist
4
4
Accomplished
5. Data Analysis and
report
compilation
This will be done by
Brian Mutie
for the 4 projects areas
respectively
Brian
Mutie
2 Accomplished
6. Report
Presentation
This will be between
Brian Mutie and Olive
Leaf Foundation
Brian
Mutie
and
Other
OLF
Officials
1 Accomplished
7. Other Costs Field Transport, Brian 2 Accomplished
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Table 1: Work plan of the baseline survey.
The present study (RT2) aims to survey the interactions between the community (CBOs), NRM,
mining and the total environment in Kitui County. By this we mean not only the ecological
environment but also the social, labor, economic, industrial and political environments as well as
that of the National and world mining industry. The report is directed at an understanding of
where the industry is situated at present. It attempts to identify the major issues that various
stakeholders have raised, the approaches they have taken and the impacts identified to date rather
than to analyze or evaluate these impacts or to discuss the future direction of the industry.
One view of what the baseline survey should be is a synthesis of the other research topics. The
planning of the overall MMSD-KC project did not allow for this approach as all other topics
were to be studied simultaneously. Nevertheless, the baseline survey has been executed with this
approach in mind, covering aspects considered relevant to these other topics.
1.5. Justification of the baseline survey
The coverage of the baseline survey is defined by the Terms of Reference specified by the Olive
leaf Foundation, as follows:
Characterize the nature and extent of the mining and minerals sector in Kitui County,
including but not limited to the following:
Area mapping to identify the location of these mineral resources, the NRM issues, community
participation in NRM, community needs, state and non state actors roles in NRM, different
partners and CBOs in the area
To provide information on the status of community participation and challenges the
community is facing.
Identify policy gaps and make appropriate recommendations for programme intervention
Facilitation of
Stakeholders fora,
Stationery, Purchase of
Documents from Govt.
Printers, Statutory
Requirements etc
Mutie
and
Other
OLF
Officials
13
Identify and recommend opportunities and synergies for better results and
leverage/linkages
To provide benchmark information for measuring project achievements and impact(at the
project objectives, intermediate results levels)
To provide information on the number of CBO‘s and other partners actively engaged in
issues of NRM
Mapping out the political area and political figures in these areas.
Related additional aspects have been covered or mentioned where appropriate. The RT2 report is
not a baseline assessment in the sense of what is usually understood by the use of this term. That
is, it does not measure quantitative variables as a basis for the evaluation of changes by a
physical study. The changes normally studied this way would be those brought about by a
defined operation occurring after the initial measurement. An example of such a baseline
assessment is the measurement of the chemical concentration of a specific pollutant in a defined
water source or environment in a given location. This measurement would be done before a
specified change in operating practice of, for example, an industrial plant. The purpose of the
measurement would be to determine whether the change brought about a reduction in that
concentration. The present RT2 survey covers too wide a range of subjects and parameters to
allow this type of quantification, at least with presently available techniques.
Therefore the RT2 report is more a survey of the present situation in the aspects listed. It can still
act as a baseline assessment in qualitative terms, to identify changes that may occur over time.
However, without the quantitative measurements it will be difficult to assess whether changes
have occurred, and to what extent.
1.6. Profile of the study area-Kitui County
For the purpose of this report, the Kitui County region is defined as the 15 member states of the
47 Kenyan counties which became effective after the promulgation of the New Constitution.
They entail; Mombasa county, Kwale county, Kilifi county, Tanariver county, Lamu county,
Taitataveta county, Garissa county, Wajir county, Mandera county, Marsabit county, Isiolo
county, Meru county, Tharakanithi county, Embu county, Kitui county, Machakos county,
Makueni county, Nyandarua county, Nyeri county, Kirinyaga county, Murang;a county, Kiambu
county, Turkana county, Westpokot county, Samburu county, Transnzoia county, Uasingishu
14
county, Elgeyomarakwet county, Nandi county, Baringo county, Laikipia county, Nakuru
county, Narok county, Kajiado county, Kericho county, Bomet county, Kakamega county,
Vihiga county, Bungoma county, Busia county, Siaya county, Kisumu county, Homabay county,
Migori county, Kisii county, Nyamira county and Nairobi county(Constitution Of Kenya 2010)
The profile of Kitui County where the study was conducted is outlined as follows
1.6.1. Geography of Kitui County
Geographically, Kitui County is located in Eastern Kenya, it borders the following counties;
Tana River to the East and South East, Taita Taveta to the South, Makueni and Machakos to the
West, Embu to the North West, and Tharaka and Meru to the North.
Area (Km 2): 30,496.5 Km 2(Source: KNBS)
Climate/Weather: Temperatures range from a minimum of 14°C to a maximum of 34°C. The
rainfall ranges from 500mm to 1050mm per annum in different parts of the county.(Source:
Kenya Meteorological dept)
Road Network: Bitumen Surface (Data Not Available), Gravel Surface (399.2 Km), Earth
Surface (1072.2 Km)
Key National Monument(s): Tsavo East National Park, Mwingi National Reserve
1.6.2. Population of Kitui County
According to data from the Kenya National Bureau Of Statistics (Census 2009
KNBS), Population: of Kitui county is 1,012,709 (Male – 48 %, Female – 52 %)
Population Density: 33 people per Km 2
National Percentage: 2.6 %
Annual Growth Rate: 2.2%
Age Distribution: 0-14 years (46.6 %), 15-64 years (48.2 %), 65+ years (5.2 %)
Number of Households: 205,491
1.6.3. Government of Kitui County
County Capital: Kitui Town (proposed)
Number of Constituencies (2012): Mwingi North, Mwingi Central, Mwingi South, Kitui West,
Kitui Rural, Kitui Town, Mutitu, Kitui South
Registered Voters: 321,800(Source: IEBC)
National percentage: 2.6 %
15
Number of Districts (2012): 11. Kitui central, Kitui West, Kyuso, Mutha, Kisasi, Katulani,
Lower yatta, Matinyani, Ikutha, Mutomo and Mwingi districts.
Number of Local Authorities (2010): 4 (Municipal Council of Kitui, County Council of Kitui,
Town Council of Mwingi, and County Council of Mwingi)
1.6.4. Economy of Kitui County
Poverty Level: 63%
Age Dependency Ratio: 100:108
Resources: Arable Land, Wildlife, Livestock, Forests, Minerals
Tourist Attractions: Mwingi National Reserve, Tsavo East National Park
(National Bureau Of Statistics, 2007)
Figure 1: The Tsavo East National Park at Kitui County
Financial Services: 6 Commercial Banks, 8 Micro-Finances
Main Economic Activities/industries: Livestock keeping, Tobacco, Cotton, Coffee, Mangoes,
Commercial businesses
Agricultural products: Livestock Products, Maize, Beans, Sorghum, Pigeon Peas, Cowpeas,
Cassava, Millet
16
Figure 2: Livestock keeping in Kitui County
Education in Kitui County The number of Primary Schools in Kitui is more than 1,098 and
scattered all over the vast county and resulting to long distances between schools. The teachers‘
pupil ratio is quite low at 1:41. There is therefore need to address accessibility and cultural issues
to improve school enrollment and completion rates in the county.
The Primary school going population aged 6-13 years representing 28% of the total population..
There is a very low transition from Primary to Secondary Schools.
There are some private secondary schools in the area and technical centers of higher learning in
Kitui County. Recently, SEUCO, Nairobi, and Kenyatta University have established campuses
(Kitui campus) in the town.
1.6.5. Number of Institutions (2011): Primary over (1,098), Secondary (over 181)
Primary: Enrolment (328,528)
Teacher to Pupil Ratio: 1: 41 (Public Schools)
Secondary: Enrolment (46,100)
Teacher to Pupil Ratio: 1:34 (Public Schools)
Tertiary: Over 60 (Comprised of University Satellite Campuses, Youth Polytechnics, Teacher
Training Colleges, Medical Training College, Technical Colleges, and Several Commercial
Colleges) (Kenya National Bureau of Statistics, 2009)
Adult Literacy Classes: Enrolment (Over 4,000 (source: KNBS)
17
1.6.6. Health in Kitui County
Health Facilities: Over 261 – District Hospitals (3), Sub-District Hospitals (8), Dispensaries
(189), Health Centers (23), Medical Clinics (30), Nursing Homes (5), Others (3)
Doctor to Population Ratio: 1:16,047 (Kitui District), 1:50,701 (Mwingi District) (Kenya
National Bureau of Statistics, 2009)
18
2. METHODOLOGY AND STUDY AREA OUTLINE
2.1. Introduction
The baseline survey is comprised of a desk review/survey and field visits.
Conduct a desk review including an analysis of documents, policy papers, national
surveys and reports that have been produced in connection with the project. This will
involve the following;
- Identification of the relevant government institutions and department holding
pertinent and relevant survey reports/ documents
- A visit to the offices to secure authority and access to the documents
- Carrying out secondary data through document reviews and analysis
- Printing and purchase of relevant documents at Government Printers
Develop a comprehensive data collection tool for the above assignment.
Develop participatory methodologies for the survey. This will take the form of the
following;
- Questionnaire
- Focussed Group Discussions
- Use Of Community Key Informants
- Brainstorming Sessions and Plenary Discussions
- Use of Checklist and Semi-Structured Interviews
Conduct field visits and interviews with communities, CBOs, NGOs, local leaders, local
authorities in the selected areas. This will involve the following activities;
- Mobilization of stakeholders
- Identification of appropriate meeting venue and facilitation and other meeting
logistic
19
2.2. Anticipated constraints
The time constraints on the project have made it difficult to seek information on some topics
from these other districts within Kitui County which would have made the report more
exhaustive and conclusion. Nevertheless, the report has been written with the whole region in
mind. The author has obtained a great deal of information on the whole region in previous
projects, as well as further and more recent information, especially from report 1(RPT 1).The
other issue is poor road infrastructure, and distance between one point to the other.
Therefore, though the bias is present, it is not considered overwhelming.
2.3. Regional interpretation of sustainable development
2.3.1. An overview of the priority topics on the region’s
sustainable development agenda The document provides a working definition of sustainable development in the region. The
current version of the document notes that the economies of most African countries either
depend on the mining and minerals industry, or are strengthened by the industry's downstream
activities.
2.4. Purpose of the baseline survey
The entire sector has recognized the critical role mining plays in the region, and the opportunity
this presents to act as a catalyst in the region's transition towards sustainable development. This
project has been initiated to identify the impacts of mining on natural resources and peoples
participation in NRM issues and their livelihoods in Mutitu, Mutomo/Ikutha, Nzombe and Mui
(Mwingi East) districts in Kitui County (KC) towards sustainable development. The intention is
to place the mining and minerals sector (including all the significant stakeholders) in Kitui
County within the context of the goals for sustainable development, to:
Enable greater participation in community decision making processes;
Accelerate economic growth with greater equity and self-reliance;
Improve the health, income and living conditions of the poor majority;
Ensure equitable and sustainable use of the environment and natural resources for the
benefit of present and future generations.
The above working definition describes the process in terms of three interactive systems for
sustainable development:
20
Promoting economic equity and stability
Enhancing social benefit, and
Maintaining the natural resource base.
The process is then depicted as three interlocking circles, one for the social system, the economic
system and the natural system, indicating that each of the three systems must be considered in
setting goals for sustainable development. One apparent weakness of this definition is that it
appears to apply worldwide rather than being specific to Kitui County. The issues are universal,
but the balance between them and the priorities are likely to vary between regions. In this region,
for example, the social and economic aspects dominate, both of them in terms of the
overwhelming need to alleviate poverty.
No government in the region or elsewhere can afford to ignore issues of the natural environment.
Environmental degradation intensifies poverty, as is described in the section on social issues in
this baseline survey. However, poverty also causes environmental degradation, and this reason is
undoubtedly worse in Kitui County and other counties in Kenya than it is in the industrialized
world.
Figure 3: The high poverty levels in Kitui County.(Photograph by Charles Muasya
People’s daily)
21
3. ISSUES RELATING TO MINING IN KENYA
3.1. Policy and Legislation
At the time of generating the findings of this report, the country is yet to witness the introduction of the mining
and Minerals Bill 2011 to parliament for debate and approval. However, much of the provisions of the Bill are
expanded from the Kenya Mining Act that has been in force through the old constitutional dispensation.
Therefore it would be wise to rely on the existing Act to just pick some few provisions in regard to Mining and
Minerals in Kenya, as we intertwine this, with our area of focus.
3.2. Kenya Mining Act
Legislation is a key instrument in the mining industry. Just like in any other county, searching
and exploitation of mineral resources in Kenya is regulated by, the Mining Act Cap. 306
established in 1940 and revised in 1986, together with the Environmental Management and Co-
ordination Act of 2000 of the Laws of Kenya.
Section 2 of the Mining Act define minerals as precious metals, precious stones or non-precious
minerals, but does not include mineral oil, clay, murram, limestone, sandstone, mineral water,
brine, dolomite, kaolin, gravels, dimension stones, Kisii stone (pyrophyllite), sodium and
potassium compounds except those forming part of Lake Magadi saline deposit and ornamental
stones.
The principle (―all minerals belong to the government‖) of the ownership of the minerals is
vested in the Government of Kenya and includes minerals found within Kenya‘s Continental
Shelf, Territorial waters and the Exclusive Economic Zone.
Currently, the Government policy in mineral resources development is to ensure that the private
sector takes the leading role in mineral development while it assumes a promotional,
encouragement and regulatory role by providing basic geological data and necessary fiscal
incentives.
The Government of Kenya undertakes reviews of policies, mineral legislation, promotion
measures and publicizes the mineral investments in Kenya through the Mines & Geology
Department in the Ministry of Environment and Natural Resources.
This Department also undertakes regional mapping and exploration, encouragement of industrial
mineral prospecting and exploitation to local miners, evaluation and investigation of mineral
deposits using drilling rigs, rehabilitation of disused mines and quarries among other things.
Over 90% of the country has been geologically surveyed. (Kariuki 2002)
22
3.3. Mineral Development Policy
The significance and role of minerals in Kenya‘s economy has made tremendous steps up the
ladder. In the National Development Plan of 1964-1970, the mineral resources were regarded as
insufficient to make substantial contribution to the economy of Kenya. No major deposits such
as iron ore, coal or oil had been discovered to serve as prime movers for rapid expansion of the
economy.
However, Kenya‘s Geology then showed that there were economically viable mineral deposits
such as copper, gold, silver, lead, iron ore, phosphate, platinum, manganese and nickel.
The seventh National Development Plan of 1994-1996, titled ‗Resource Mobilization for
Sustainable Development‘ has Chapter nine outlining the government policy on mineral
resources and recognizes the importance for preservation of a clean environment and the
involvement of the private sector for sustainable development. The Government policy on
mineral resources development is to ensure that private sector takes the lead in the development
of minerals.
The Governments role is that of promotion and encouragement by creating favorable incentives,
conducive to private investment by both domestic and foreign investors. The Government of
Kenya proposes to undertake reviews of policies, mineral legislation, promotional measures and
publicizing of the mineral investment potential of Kenya (OVP&MPND, 1993).
This is through the Department of Mines and Geology, which also proposes to undertake
regional mapping and exploration, encouragement of industrial mineral prospecting and
exploitation by local miners; evaluation and investigation of mineral deposits and rehabilitation
of disused mines and quarries.
Therefore, Under the Mining Act, here are some of the pertinent provisions to our area of focus:
3.3.1. Prospecting rights
L.N. 56/1965 Sch 18 of 1986
13.(1) The Commissioner or an officer duly authorized Prospecting by him in that behalf may issue to any
person a prospecting right in the prescribed form upon the payment of the prescribed fee:
Provided that a prospecting right shall not be granted—
(i) To any person who is under eighteen years of age;
(ii) To any person who, in the opinion of the Commissioner, is unable to understand the provisions of this Act
and the regulations;
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(iii) to any person to whom there has previously been issued either in his own name or as agent for any
individual, company, body of persons or partnership a prospecting right which has not been surrendered or
cancelled and which is in all other respect still valid.
(2) A prospecting right may be granted to an individual as agent for another individual if such agent is the
lawfully constituted attorney of such individual.
(3) (a} A prospecting right shall not be granted to a company, body of persons or partnership as such, but may
be granted to an individual as agent of the company, body of persons or partnership.
(b) In such case. the application for the prospecting right must be made by the individual in person, who must
either be the lawfully constituted attorney of the company, body of persons or partnership or produce an
application in writing, for the grant of the prospecting right to the individual as agent Prospecting right
privileges.
L.N.56\1965
3.3.2. Royalties and export permits
Section 22 of 1954, s. 4, 18 of l986.Sch.
12.(1) All minerals obtained in the course of prospecting or mining operations shall be liable to such royalties
as may be prescribed: Provided that the Commissioner may by permit under his hand exempt from liability to
royalties samples of minerals extracted for the purposes of assay or of metallurgical tests.
(2) No person shall export any minerals obtained, whether by him or by any other person, in the course of
prospecting or mining operations, except under the authority of a written export permit issued by the
Commissioner; and the Commissioner may refuse to issue such a permit in respect of any minerals liable to
royalty except upon prior payment of such royalty and in such other cases as may be prescribed.
(3) No person shall deal in minerals unless he has been registered as a dealer and has been issued with a
mineral dealers licence by the Commissioner Provided that a person holding a valid mining title who has
declared as provided by this Act that he is in production and is disposing of the type of mineral for which he is
licensed to mine shall not be required to obtain mineral dealers licence.
(4) A person who has been issued with a mineral dealers licence shall maintain a proper register of the kind,
quantity and quality of minerals dealt in, bought, sold, bartered, exported, cut or polished, the manner by which
it was obtained or disposed of: and the dealer shall make the register available for inspection by the
Commissioner or any person authorized by him in writing.
(5) Any person who possesses or deals in any minerals without a dealer‘s license shall be guilty of an offence
and liable for a fine not exceeding twenty thousand shillings or to imprisonment of a term not exceeding two
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years or both; and the minerals in respect of which the offence was committed shall be forfeited to the
government..
3.3.3. More General provisions from the Mining Act! 25. When the holder of any exclusive prospecting license or location granted under this Act discovers on any
land comprised in such license or location any minerals of economic value other than those for which the
license was granted or location was registered, he shall immediately report the discovery thereof to the
Commissioner. Payment of compensation to owners and occupiers of land
26.(1) Whenever, in the course of prospecting or mining operations, any disturbance of the rights of the owner
or lawful occupier of any lands or nuisance or damage to such lands or to any crops, trees, buildings, stock or
works thereon is caused, the holder of the prospecting right, exclusive prospecting license or location under
which such operations are or were carried out, and his successors in title thereto, shall be liable, on demand
duly made, to pay to such owner or occupier fair and reasonable compensation for such disturbance or
nuisance or damage, as the case may be, according to their respective rights or interests (if any) in the property
concerned.
(2) (a) If such a person or his successor in tide fails to pay compensation when demanded under subsection (1),
or if an owner or occupier is dissatisfied with the compensation offered, such an owner or occupier may,
within one month of such a demand having been made, refer the matter to the court.
(b) The court shall assess and determine the amount of compensation to be paid.
(3) The sum awarded shall be paid by such holder or successor in title, as the case may be, to the person
entitled thereto within fourteen days of the date on which the amount of the final award is notified to such
holder or such successor in title, as the case may be, or shall pending the disposal of any appeals thereon be
paid into court.
3.3.4. Grant of leases
3 of 1980, s. 2.
39. The Commissioner may in respect of land for the time being vested in or on behalf of the Government
grant a lease to the holder of a location, or to any person whose agent is the holder of a prospecting right in
respect of that location issued lo him as such agent, in respect of the whole or any part of the area covered by
any such location and upon such terms and conditions as he may determine.
Application for leases
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40. Applications for leases shall be made in the prescribed form and manner, and shall be subject to the
prescribed conditions, and shall be accompanied by payment of one year's rent in advance at the rate
prescribed.
Duration of leases
43. A lease may be granted for such term, not being less than five nor more than twenty-one years, as the
Commissioner may think proper provided that nothing in this section contained shall be deemed to derogate
from or limit the power of renewal of a 'lease conferred upon the Commissioner by section 46 or the power
conferred upon the Commissioner by section 55 to grant or renew a special lease in accordance with the
provisions of that section for such term as he may think fit.
Rent payable and penalty of non-payment thereof
44.The lessee in respect of his lease shall pay to the Commissioner, yearly in advance, a rent of one hundred
and fifty shillings per annum per hectare or part thereof and, if such rent is not paid within three months of
becoming due, and the Commissioner has served notice on the lessee demanding payment, an amount of
Twenty five per centum of the amount due shall be added to the rent, and shall be due and payable as if it were
part of the rent.
Rent and how it’s recoverable.
45. The rent reserved by any lease may be levied or recovered under the authority of or in the name of the
Commissioner, in like manner as rent is or shall be leviable or recoverable by law in cases where private
persons only are concerned.
Renewal and surrender of leases and remission of covenants
46. The Commissioner, in addition to and without derogating from or limiting any other right, power or
authority vested in him under this Act may—
(a) Renew any lease, other than a special lease, for such term, not exceeding twenty-one years, and upon and
subject to such terms and conditions, as he may think fit:
Provided that in the case of any such renewal the rent shall not be increased; (b) wholly or partially remit all or
any of the terms and conditions contained in any lease where, owing to special circumstances, in his opinion
compliance therewith would be impossible or great hardship would be inflicted upon the lessee;
(c) Extend time to the lessee for observing or performing all or any of the terms and conditions of any lease,
upon such terms and conditions as he may think fit;
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(d) accept, whether with a view to the renewal or re-grant of any lease or otherwise, the surrender of any lease
or any part of the area comprised therein upon such terms and conditions as he may think fit: Provided that no
such surrender shall affect any liability incurred, by the lessee before the surrender shall have taken effect.
Rights under lease
47. A lease shall confer upon the lessee the right in Rights under accordance with the terms and conditions of
the lease and subject to the provisions of this Act and the regulations by himself, his agents and his servants—
(a) to enter upon the lands the subject of the lease and the exclusive right to mine on such lands and the right to
remove and dispose of the minerals specified in the lease, and to do all such things as are reasonably necessary
for the conduct of mining operations; and
(b) In so far as may be necessary for and in connexion with such mining operations—
(i) To make all necessary excavations;
(ii) To erect, construct and maintain houses and buildings for his use and for the use of his agents and servants;
(iii) To erect, construct and maintain such engines, machinery, buildings and workshops and other erections as
may be necessary;
(iv) To stack or dump any of the products of mining;
(v) subject to the provisions of any law relating to water, to lay water pipes and to make water- courses and
pounds, dams and reservoirs, and to divert from a natural watercourse any water on or flowing entirely through
the land, provided that—
(a) Any water diverted not containing any noxious or poisonous matter is returned to its natural channel before
leaving such land;
(b) Any existing rights to use any source of natural water supply are not disturbed;
(vi) To construct and maintain such tramways, roads, communications and conveniences as may be necessary;
(vii) To graze upon lands not excluded from prospecting or mining such horses or other animals as may be
necessary for his subsistence or for the carrying on of mining, on payment or tender of a reasonable sum in
payment therefore:
Provided that, whenever a disagreement arises between the owner in the case of private land and the lessee in
connexion with surface rights, the matter shall be determined by the Commissioner.
Registration of leases
59. Every lease under this Act. Shall be registered in the office of the Commissioner in the manner prescribed.
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3.4. National Environmental Management Authority (NEMA) The National Environment Management Authority (NEMA) is established under the
Environmental Management and Coordination Act (EMCA) No. 8 of 1999, as the principal
instrument of government in the implementation of all policies relating to the environment.
The Authority became operational on 1st July 2002 following the merger of three government
departments, namely: the National Environment Secretariat (NES), the Permanent Presidential
Commission on Soil Conservation and Afforestation (PPCSCA), and the Department of
Resource Surveys and Remote Sensing (DRSRS).
However, following government restructuring in March 2003, DRSRS reverted to its
departmental status under the then Ministry of Environment and Natural Resources (MENR).
There was a transition period characterized by the integration of previous departmental activities
and appointment of the first Board of Management.
The Authority has a legislative framework that we can marry them in our survey, through
examining the provisions hereby outlined:
3.5. NEMA Regulations on Mining:
140. Any person who –
(a) contravenes any environmental standard prescribed under this Act;
(b) contravenes any measure prescribed under this Act;
(c) Uses the environment or natural resources in a wasteful and destructive manner contrary to measures
prescribed under this Act; commits an offence and shall be liable upon conviction, to a fine of not more than
five hundred thousand shillings or to imprisonment for a term of not more than twenty four months or to both
such fine and imprisonment.
141. Any person who –
(a) Fails to manage any hazardous waste and materials in accordance with this Act;
(b) Imports any hazardous waste contrary to this Act;
(c) Knowingly mislabels any waste, pesticide, chemical, toxic substance or radioactive matter;
(d) Fails to manage any chemical or radioactive substance in accordance with this Act;
(e) Aids or abets illegal trafficking in hazardous waste, chemicals, toxic substances and pesticides or hazardous
substances;
(f) Disposes of any chemical contrary to this Act or hazardous waste within Kenya; (g) withholds information
or provides false information about the management of hazardous wastes, chemicals or radioactive substances;
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commits an offence and shall, on conviction, be liable to a fine of not less than one million shillings, or to
imprisonment for a term of not less than two years, or to both.
142. (1) any person who –
(a) Discharges any dangerous materials, substances, oil, oil mixtures into land, water, air, or aquatic
environment contrary to the provisions of this Act;
(b) pollutes the environment contrary to the provisions of this Act;
(c) Discharges any pollutant into the environment contrary to the provisions of this Act; commits an offence
and shall on conviction, be liable to a fine not exceeding five hundred thousand shillings.
(2) In addition to any sentence that the Court may impose upon a polluter under subsection (1) of this Section,
the Court may direct that person to –
(a) Pay the full cost of cleaning up the polluted environment and of removing the pollution;
(b) Clean up the polluted environment and remove the effects of pollution to the satisfaction of the Authority.
(3) Without prejudice to the provisions of subsections (1) (2) of this section, the court may direct the polluter to
meet the cost of the pollution to any third parties through adequate compensation, restoration or restitution.
143. Any person who –
(a) Fails, neglects or refuses to comply with an environmental restoration order made under this Act;
(b) Fails, neglects or refuses to comply with an environmental easement, issued under this Act;
(c) Fails, neglects or refuses to comply with an environmental conservation order made under this Act;
commits an offence and shall on conviction, be liable to imprisonment for a term not exceeding twelve
months, or to a fine not exceeding five hundred thousand shillings, or to both.
144. Any person who commits an offence against any provision of this Act or of regulations made there under
for which no other penalty is specifically provided is liable, upon conviction, to imprisonment for a term of not
more than eighteen months or to a fine of not more than three hundred and fifty thousand shillings or to both
such fine and imprisonment.
145. (1) When an offence against this Act, is committed by a body corporate, the body corporate and every
director or office of the body corporate who had knowledge of the commission of the offence and who did not
exercise due diligence, efficiency and economy to ensure compliance with this Act, shall be guilty of an
offence.
(2) Where an offence is committed under this Act by a partnership, every partner or officer of the partnership
who had knowledge or who should have had knowledge of the commission of the offence and who did not
exercise due diligence, efficiency and economy to ensure compliance with this Act, commits an offence.
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(3) A person shall be personally liable for an offence against this Act, whether committed by him on his own
account or as an agent or servant of another person.
(4) An employer or principal shall be liable for an offence committed by an employee or agent against this Act,
unless the employer or principal proves that the offence was committed against his express or standing
directions.
146. (1) The Court before which a person is charged for an offence under this Act or any regulations made
there under may, in addition to any other order:-
(a) Upon the conviction of the accused; or
(b) If it is satisfied that an offence was committed notwithstanding that no person has been convicted of the
offence; order that the substance, motor vehicle, equipment and appliance or other thing by means whereof the
offence concerned was committed or which was used in the commission of the offence be forfeited to the State
and be disposed of as the court may direct.
(2) In making the order to forfeit under subsection (1) the Court may also order that the cost of disposing of the
substance, motor vehicle, equipment, appliance or any other thing provided for in that subsection
3.6. Evictions and resettlement Draft Bill 2011
The practice of forced evictions is a global phenomenon and is carried out in both developing
and developed nations, in all regions of the world.
Forced evictions are normally caused by various and often complex but interconnected factors.
These include:
• Illegal/irregular allocation of public land
• Insecurity of tenure
• Development and infrastructure projects
• Environmental concerns
• Large international events, e.g. Olympic Games, the World Cup or international conferences
• Urban redevelopment and beautification initiatives
• Property market forces and gentrification
• Absence of state support for the poor
• Political conflict, ethnic cleansing or war
• Planning initiatives
According to excerpts from the abridged version of the draft bill, for years, evictions have taken
place in Kenya, especially in informal settlements in contravention of international human rights
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standards. Mass forced evictions are usually carried out by government agencies or private
developers claiming ownership of land on which some of the settlements stand. Use of police
and bulldozers is common and violence, at times resulting in death, occasionally occurs. Forced
evictions have devastating effects on individuals and communities. Majority of the victims are
the poor who live in informal settlements. It was, however, the November 2011 evictions of the
middle class in Syokimau that finally prompted Parliament to appoint a Committee to address the
matter with some level of seriousness.
In the rural areas, squatters and former labour tenants are the main victims. Squatting is
widespread in the country. It is usually a result of displacement due to development projects,
different forms of violence, redundant labour/tenants, forest evictees and corrupt land
registration practices.
The trend of forced evictions also runs parallel to cases of irregular and/or illegal land
allocations. Cases of irregular land allocation have been documented and are numerous, as
recorded in the Report of the Commission of Inquiry into the Illegal and/Irregular Allocation of
Public Land (popularly known as the Ndung‘u Report.
3.7. Global Context(Instruments that govern evictions and resettlements)
However there are other avenues that observe the way states conduct their affairs in regard to the
citizens. These international bodies act as watchdogs to ensure that human right are respected.
Kenya is a signatory to these bodies:
The universal declaration of human rights (UDHR)
International covenant on economic, social and cultural rights (ICESCR)
International (covenant on civil and political rights ICCPR)
International covenant on civil and political rights (ICCPR)
Convention on the elimination of all forms of racial discrimination (CERD)
Convention on the elimination of all forms of discrimination against women (CEDAW)
Convention on the rights of the child (CRC)
The African charter on human and people‘s rights International standards and the nature
of state obligations
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3.8. National Context: (Instruments that govern evictions and resettlements
Policy framework
A number of national policies address the issue of forced evictions. The two key important ones
are discussed below.
The constitution of Kenya 2010
The Constitution is the supreme law of the land. Chapter four on the Bill of Rights and several
other provisions have a direct bearing on the right to housing in general and evictions in
particular.
The national land policy
One of the principles of the National Land Policy (Sessional Paper No. 3 of 2009) is security of
tenure. The implementation of the policy is therefore critical in addressing the problem of
informal settlements and forced evictions. Under the Policy, the Government shall, among
others, put in place an appropriate legal framework for evictions based on internationally
acceptable guidelines.
The Policy provides a clear basis for the Eviction and Resettlement Guidelines. (Source:
Evictions and resettlement Bill 2011)
3.9. Case study on a successful handling of resettlement in Kenya:
Ziwa la Ng’ombe slum settlement – Mombasa
This involved the construction of a school, administration block and access road. Here, the
KENSUP relocation strategy was used. The process involving giving a notice of intent to
improve the area was done through barazas, although the request for improvement had come
from the community. There was a consultative meeting with all stakeholders to ensure common
understanding and coordination, sensitization of target groups, involvement of Mombasa
Municipal Council which is KENSUP‘s implementing agency in all stages, from planning to
implementation. An Executive Committee was instituted for community mobilization and
participation. Eventually, the residents removed their structures willingly and the school and
administration blocks were completed and handed over to the community. The access road
project is ongoing. (Case study example from the evictions and resettlement draft Bill 2011)
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4. INDUSTRY DESCRIPTION
4.1. Minerals Position in Kenya
Although most of the minerals are exported in their raw form, the government policy is to
encourage value addition within the country for higher returns, support of industrialization and
employment creation. Among the minerals that are found in Kenya in significant quantities are
soda ash (Trona) around Lake Magadi, Fluorspar at Kimwarer in Kerio Valley as well as
Titanium in Kwale, Malindi and Lamu.
There is reasonable potential for Gold in Kakamega, Vihiga, Migori, Transmara, Bondo, Siaya,
Pokot and Turkana while there were minor indications of the mineral in Nandi.
Coal occurs in Mwingi and Mutitu .It is currently under investigations by the Ministry of
Energy in conjunction with the Ministry of Environment and Mineral Resources to establish its
viability for commercial exploitation.
Iron ore occurs in parts of Taita, Meru, Kitui, Kilifi and Samia. The Ministry of Environment
and Mineral Resources as well as private prospecting companies are involved in evaluation of
viability. Manganese ore occurs in Ganze and Mrima Hill in Coastal region.
Diatomite is found at Kariandusi near Gilgil. Vermiculite on Kinyiki Hill. Gypsum in El
Wak, Garissa, Tana River, Kajiado and Turkana. Natural carbon dioxide at Kereita in Kiambu
while a variety of gemstones are found in Taita, Kwale, Kitui, Mwingi, Kajiado, Isiolo, Pokot
and Turkana
Kenya's mining industry is dominated by production of non-metallic minerals encompassing
industrial minerals such as soda ash, fluorspar, kaolin and some gemstones. Mining accounts for
a very small part of Kenya‘s annual GDP. Gold is produced primarily by artisanal workers in the
west and south western parts of the country, on several small greenstone belts. Iron ore is mined
from small localized deposits for use in the domestic manufacture of cement.
This year, Kenya struck oil in what is expected to be determined whether the deposits meets
commercial viability threshold. The Tullow discovery, if commercially viable, will put Nairobi
at the head of the table as a first among equals. To put it in perspective, Uganda now has to
compete with Kenya for investment dollars and attempt to keep her momentum as the first off
the block. However, since Kenya will be a safer bet for capital from the free markets, Uganda
may need to look seriously at sovereign wealth funds to make her fields competitive. Kampala
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intends to supply oil products from a refinery in the hinterland. It can still do so, but it‘s unlikely
to raise money for it from the open market quickly enough (if refining in Kenya remains the
logical option.)
Clearly as seen, one of the largest potential capital projects in Kenya is the Mui Basin anticipated
coal mining, Mutomo Limestone mining and Kwale Hill heavy mineral sands project that is
being developed along the country's south-eastern coast.
Base Resources, who acquired the Kwale Mineral Sands Project from Tiomin Resources in 2010,
consider this project to be a world class advanced development project. All approvals, permits
and licenses required for development are in place and a full definitive feasibility study has been
completed. The Project, which is supported by the Kenyan government, is located just 50km
from Mombasa.
As part of the Kwale acquisition, Base Resources has also acquired an option to purchase three
further exploration projects from Vaaldiam, namely Mambrui, Kilifi and Vipingo. These
projects, which are located along the coast to the north of Mombasa, have a combined JORC
compliant mineral resource of 1,388 million tonnes at 3.8% THM.
In 2010, the Aviva Corporation acquired an interest in the Bumbo base metal prospect in west
Kenya through a joint venture with AfriOre International, a wholly owned subsidiary of Lonmin
Plc. The project comprises 2,800km2 of the Ndori Greenstone Belt in Kenya, which forms part
of the Tanzanian Archaean Craton. Previous exploration in this area has identified significant
potential for gold, as well as copper, lead and zinc.
Assay results from the Bumbo prospect in early 2011 confirmed high-grade Cu-Zn-Ag and Au
intercepts from diamond drilling. Diamond drilling of five gold targets has already commenced.
The first gold target to be tested will be the Kimigini Prospect followed by Bushangala, Viyalo,
Barding and Musumbi.
For the purposes of this research, we are going to limit our focus on Mui Coal Basin and
Limestone in Mutomo and Ikutha District.
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4.2. Coal Mining In Kitui County
4.2.1. The Mui Coal Basin
According to the area Councilor, Mr. Mulongo (Mui ward) Mui Basin Coal is divided into four
blocks namely A, B, C, and D which are in Kitui County. Blocks C and D are in Mwingi East
District which is administered by the District Commissioner Mr. Martin Mwaro.
The District Headquarter is at Mathuki market in Mui Division, Mathuki location. Blocks C and
D are all in Mui Division, which has three locational units, namely Mui location area Chief Paul
Mwaniki, Mathuki location area chief Mr. Munyasya Kimanzi and Kalitini location area by
Chief Mr. Benjamin Mbutu.
Mui Division has twelve sub locational units, and finally Mui division is within Mwingi south
Constituency, and the area MP is Hon. David Musila.
The division has two community Basal organizations (CBO) namely Ngungi C.B.O in Mui
Location and Mwingi Youth developers in Kalitini locations. They are actively involved in
carrying out their objectives with operational offices in their respective locations. Ngungi C.B.O
has office in Mui market at the assistant chiefs building (Ngungi 2012).
Mui Basin has educational institutions with 26 public primary schools and six private primary
schools, six operational public secondary schools and two are now under construction.
Figure 4: Lundi primary school: One of the educational facilities in Mui division.
35
There is one youth polytechnic known as Mui Youth Polytechnic in Mui location, Ngiluni sub-
location.
Regarding healthcare facilities, there are five public dispensaries and health center in block C
and D namely Mui dispensary, Lundi dispensary, Menyani Dispensary, Itiko dispensary, Yumbu
Dispensary and Mathuki Health center. The sixth dispensary is Nduvani dispensary which is not
operating but plans are under way to make it fully operational.
The two public secondary schools under construction are Ngungi secondary school and Lundi
secondary school. Operational secondary schools are Mui secondary school, Munyuni Day
Secondary school. AIC Kyamwenze Girls Mathuki Girls secondary school, AIC Kalitini
secondary school and AIC Yumbu secondary school all these institutions are within Blocks C
and D the coal mining area. Blocks C and D has many Christian denominations AIC, FGCK,
Redeemed Churches, IPC, ACK, ABC, Roman Catholic and many others. Most of these are
permanent church structures/ buildings.
Blocks C and D have a lot of resources. The main economic activity here is farming. They keep
cattle, goats, poultry, bee- keeping and also grow a variety of crops such as maize, cowpeas,
beans, sorghum, millet, green grams etc. Since the area is semi arid land is semi arid land people
in these Basin blocks have excavated earth dams and shallow wells as a way of water harvesting.
36
Figure 5: The water problem in Kitui County
After the government surveyed and drilled wells which have coal deposits, the community
welcomed the idea. However, our research established that there is a huge disconnect between
the residents and Key opinion leaders .According to many residents, the community has not been
―in the know‖ in terms of education and information about the whole project.
―We only saw people entering our shambas and started clearing the bushes and drilling the wells
―fumes one resident Mr. George Ngungu.
4.2.2. Community reactions/NRM and Advocacy issues
The community, through various meetings we have held, has through various opinion leaders
and heads of various CBOs, all from the soon to be affected areas, through Mining and quarrying
activities, expressed a myriad of issues. These issues are based on a range of aspects from
Economic, social, environmental, cultural and Political. These concerns are, but not limited to
the following:
The community wishes to be educated through workshops to be conducted in regard to
Limestone quarrying, sand harvesting and coal mining, on which methods will be used
37
,especially coal mining, before the exercise starts. In essence there are two methods of
Mining i.e.
Underground Mining
This refers to any sub-surface vertical or horizontal excavations that are made for the extraction
of minerals. An example of this is the lead ore mines (Gelena) at Kinangoni mine in Kilifi
district. This method has little effect on the vegetation and the ecosystem in general. (Kariuki
2002)
Open-casting Mining
This refers to uncovered excavations made on the ground for the purpose of mineral or rock
exploitation such as the open quarries, pits, trenches, etc. This is the most common method of
mining in Kenya, in particular in the Coast province where there are abundant mining activities.
Examples of these includes gemstone mines like Kapanga Kasingau and Mangare areas of Taita-
Taveta district, Bamburi Portland cement quarries, Jaribuni Iron ore works, Roka gypsum
workings, Kokotoni Ballast quarries, Maji ya Chumvi slabs quarries at Mariakani and Taru all in
Kilifi district and Msambweni glass sand or silica‘s and quarries, just to mention some.(Kariuki
2002)
The Residents wishes are that the government and the mining companies to discuss the issue of
community compensation, procedures, criteria, and amount and when will this be done.
Educational institutions, church buildings to be constructed for them before they move or
before the coal mining begins.
The community wishes to be compensated for their lands, institutions, trees, shops, and graves
for their deceased relatives! The Akamba custom dictates this according to the chairman
Ngungi CBO in Mui. This is because no one would like to leave behind the bones of their
deceased relatives.
The Residents would wish to be compensated for disturbance allowance in the event that they
will be moved to different areas of occupancy.
The community would wish 90% of casual workers to come from within the areas with gender
issues being factored in.
The community would wish industries/Plants to be established at the source of the raw material
and not the transfer of the raw material to other areas.
38
Electricity. This being an important necessity for limestone grinding, the community is
demanding the companies to supply electricity to the locals as part of their social corporate
responsibility. The residents would wish electricity to be supplied to their residential areas they
would be moved in, to uplift their standards of living by engaging in economic activities.
Residents would wish to have shareholding in the mining companies.
The Revenue sharing/resource sharing: residents would wish to have the proceeds shared as
follows: 80% to the National government, County level 10% and 10% to the welfare of the
community. There is a divided opinion on these demands, with some quarters floating a 50-50
sharing formula between the community and the National Government. Revenue/proceeds
sharing formulae is a critical source of conflict.Some leaders are of the opinion that this would
enable them to cushion themselves against the harsh climatical condition of the area. They point
out that perennial lack of rain and persistent crop failure has left them vulnerable. They are
optimistic that the planned mining projects will bring some sigh of relief to their livelihoods.
Land Reclamation: The community wishes to come back to their land after the coal mining is
over.
Land: whether to lease or sale. The community according to the local leaders is torn between
these two issues. The situation has become murkier by the fact that some land owners have
already been given some money by cement manufacturing companies and individual agreement
entered between them.
Employment: The residents are demanding priority in labour force in the mining companies.
Top of their priority is a situation that will provide a platform of the bulk of the unskilled labor
force is emanating from the local residents.
Infrastructure: whether the companies will be ferrying the raw materials or will build plants
within the mining zones. Majority are for the idea that they need factories built within the
limestone and coal belt. Others are not aware of the implications of either decision being
implemented.
Social amenities e.g. schools, healthcare centres etc.This is a crucial issue that cannot be
ignored. As I earlier, mentioned in this report, several public schools and churches are lying on
the limestone and coal belt. Moving them to other locations is a weighty matter that needs
collective involvement by the stakeholders. The residents also lack access to health facilities.
39
They are demanding various health centres to be erected in a bid to help them access healthcare
services.
Compensation-case of limestone zone: this issue is arising from the Kitui county council stance
that the civic body has the right to lease the land to the mining companies through competitive
tendering process. Then the affected community residents by then should be adequately
compensated and given alternative resettlement options
Other minerals available, other than Limestone and coal are also another area that needs to be
addressed. Local residents are aware that during the initial exploration initiatives, the report
indicated other numerous valuable minerals such as gypsum, iron ore, magnesium etc.were
found and would still be found during the actual mining and quarrying process. They are looking
upon the legislation/policy to be adhered to, in addressing the issue.
Water is another key issue that has come up very strongly. The community has perennially
experience water shortage. Residents travel miles away to get hold of this precious commodity.
Their desire is for boreholes to be sunk and piping done to enable them to enjoy the benefit of
the commodity, through domestic use and irrigation.
40
Figure 10: Residents highlighting their demands in Mui Coal Basin at Mui Market.
From the previous sections, all stakeholders have put pressure and indicated their NRM and
Advocacy issues they would like mining companies to initiate. Summarily, they are as follows:
Provision of Labour
Safeguarding employment
Job creation
Effects of retrenchment
Health and safety
Remuneration
Housing
Training and career development.
Industry
41
Economic development
Taxation
Technology development
Labour supply and skills
Markets
Availability, cost and transfer of capital
Regulation
Government
Mineral development
Tax revenue and effects of taxation
Small-scale mining
Migrant labour
Beneficiation
Transformation
Environmental management
Communities
Poverty alleviation
Displacement, resettlement and compensation
Contributions by mining companies to community development including
Schools, clinics, hospitals, etc.
Environmental degradation and reclamation
Mine closure
Employment of women
Child labour
4.2.3. Fears of the community
1.Fear of leaving their fertile land to unfertile land
2.Pollution: will affect their health through mining related diseases and exposures.
3.Separation: Being taken to different places, far distance from their relatives.
4.Poor road infrastructure ,lack of water for domestic use and their cattle and pasture especially
to where they will be resettled
42
5.Insecurity as a result of banditry.
All in all, optimism is high that life will change for residents of Kitui County and Kenyan
generally now that a Chinese contractor has been awarded the coveted coal mining contract at
the coal-rich Mui Basin in Kitui County. According to reports, the contractor is set to start work
on the site soon. Mui Basin is estimated to have more than 400 million tones of coal deposits
and the government said the mining will create wealth and jobs and improve infrastructure of the
area.
4.3. Government plans regarding mining in Kitui County
4.3.1. Industrial Zone
Suggestions are already being made to have the area designated as Industrial Zone for Kenyan
manufacturers to benefit from cheaper power. Those with the suggestion cite the fact that the
area has also been found to have iron ore and lime as compelling reason to make the area an
industrial zone. Lime is a key component of cement.
4.3.2. Energy
The coal deposits in Kitui are billed as the best alternative source of cheap energy at a time when
the country needs affordable power to drive Vision 2030, the economic blueprint that aims to
make Kenya an industrialized country in 2030.
To date, Kenya relies up to 67 per cent on hydro sources, 10 per cent on geothermal and 23 per
cent on thermal sources, which is price-sensitive to fluctuating international fuel prices and
unreliable weather patterns. In South Africa, where coal mining is a major activity, about 90 per
cent of the electricity is coal-fired and is four times cheaper than in Kenya (Kenya, Ministry of
energy 2012).
4.3.3. Tenders
At least 16 international coal mining companies had expressed interest in coal mining in the Mui
Basin. The companies, which had responded to Kenya government‘s call for investors in the
project, came from the US, India, South Africa, China, UK and Australia.
They included Vale Inc. of Brazil, BHP Bilton of South Africa, Coal India, Continental Coal of
Australia, TATA Power of India and China Nomation Machine & Export Corporation, London
Coal Corporation of UK, Venmyn Rand of South Africa, Adhijeet Group of India, RSV Enco of
South Africa, and Fenxy Mining Industry Limited of China.
43
Kenyan companies that submitted bids included the Rift Valley Resources, Africa Power and
Logic Lamu Infrastructure Company ((Kenya, Ministry of energy 2012).
4.3.4. Conditions for contractors and mapping of the area
Investors were supposed to show an ability to raise funds in excess of $100 million, evidence of
technical ability and a history of mining coal in at least three developing countries(Osumo,
2001)..
The 490.5 square kilometer basin The Mui basin has been sub-divided into Sombe, Kabati, Itiko,
Mutitu, Yoonye, Kateiko, Isekele and Karung‘a but activities are concentrated more in Kateiko
and Yoonye, which has been classified as Block C. A map obtained indicates the Basin has been
subdivided into portions of block A, B, C, and D, which start from Mutitu constituency all the
way to Karung‘a Mwingi North. ((Kenya, Ministry of energy 2012).
4.3.5. Current Coal Mining Companies in Mui
The award (concession) of the coal mining contract has been given to a Chinese firm Jung‘u with
its subdiary Fenxi Mining Industry Limited undertaking the actual Mining, However, there
remains one handle, and that is the approval by parliament through the passage of the Minerals
Bill 2011. (China delegation 1 report from Block C- Mui).
The contract allows the Chinese company to exploit only a part of thee 490.5 square kilometer
piece of land with coal deposits. The deposits are said to be so large that mining can go on for
years. Experts say the 220 million tones of coal so far identified in one of the blocks -Block C- of
the land can alone support 1,800 megawatt power plant for 30 years and still leave 180 million
tones of coal to support other activities((Kenya, Ministry of energy 2012).
4.3.6. Limestone Mining at Mutomo/Ikutha Districts
A couple of years ago, there has been a lot of jostling and mudsling in a bid to win some
valuable space in the newly created Mutomo and Ikutha District limestone belt. The availability
of huge limestone deposits has seen the rush intensified, with politicians and investors, all
embarking on a mission to get themselves a piece of this limestone rich parcel of land. The
cement industry in Kenya has been characterised by an attempt by the major factories all, trying
to buy huge portions of land from the locals.
44
4.3.7. Cement Mining Companies in Mutomo/ Ikutha Districts
According to Amos Kitonyo the secretary General Mathima Natural Resources Cooperative
society, (MNRCS) there are five cement companies along the limestone belt which are Athi
River Mining, Devki Cement, and East African Portland, Criss cross and Bamburi.
Mr Kitonyo added that, six primary schools and eight churches in the two limestone rich
locations i.e. Mathima and Kanziku Locations are going to be affected when the actual
excavation starts. The EAPCC had already identified 300 acres in the Mutomo, which has 'huge'
limestone deposits which will be mined for use in its Athi River plant to ensure uninterrupted
supply of the raw material. Gypsum and limestone are the two minerals the companies are
targeting in Mutomo District.
Sources privy to this, have argued that, the deposits the firms have discovered are sufficient to
sustain mining for more than 200years. The two minerals are also key inputs in the manufacture
of cement, which constitutes up to 90 per cent of the volume of the finished product.
Initial reports had indicated that the Kitui County Council had been directed to contract two
cement manufacturers to mine limestone in the Districts.
Charles Muasya a veteran Journalist with people‘s daily confirmed that a Government permanent
secretary had directed the clerk of the council to uphold the principal of competition when
leasing out the two blocks in Mutha division. The initial plan was for the council to lease the
land to the cement firms with the issue of compensation to the landowners in Mathima and
Kanziku locations being addressed adequately by the then Mutomo district commissioner Alfred
Mwandale. After consulting ,one officer who didn‘t want his name to appear in this report cited
that the council is empowered under the Trust Land Act to license mining within its jurisdiction
since limestone is classified as a common mineral under the same Act.
He said that the decision to allow lease of each block to one company was reached after a
meeting chaired by the then Local Government minister Musikari Kombo. The meeting observed
that the rights and interests of the community must be protected by the investors, the civic body
and the Government.
The letter that was copied to commissioner of mines and geology and the Mutomo District
Commissioner directed that the Local Government Act, Trust Land Act and other relevant
statutes relating to land matters be observed during the transaction.
45
However I was able to understand that, a court battle pitting Athi River Mining and Bamburi
Cement companies over limestone has derailed the mining process from taking off. Both want
exclusive right to the land (Tom Mbathi, Athiriver Mining).
Bamburi claim that they have an Exclusive Prospecting License (EPL) obtained from the
commissioner of mines and geology while ARM point out that a full council meeting by Kitui
County Council sanctioned operations in Mathima location. ARM ventured into Mathima in July
2011 and went ahead to pay Shs 60,000 per acre to the landowners in the area beginning with a
deposit of Shs 25,000. (Tom Mbathi, Athi River Mining Official)
Locals have been following developments on exploitation of limestone deposits in the area
keenly with the hope that they could reap great benefits. The matter has also been popular with
local politicians who are promising to push for heft compensation. When ARM is reported to
have paid the land owners Sh60, 000 per acre, the owners started to demand an increase
following a better offer given by the rivals of the company. This offered the stage for a
protracted court battle between the two giant companies (Charles Muasya, Journalist with
People’s Daily)
4.3.8. Individual land Lease- versus- Kitui Council Tendering Approach
Based on my own interpretation, I could derive to another borne of contention. While the County
Council has vehemently stood its ground that it has the mandate to offer competitive tender to
the mining companies and lease the land on a given agreement, this has not gone down well with
some individual land owners. Although most of the residents do not have title deeds for the land
they occupy, they are not ready to allow the council of Kitui to negotiate on their behalf on
matters of land lease to the mining companies.
Instead they would prefer to work under an umbrella body independent from the political
affiliations of the area. Some cited that some local leaders have been compromised by the mining
companies through handouts to silence the community. A legal assistant, Mr.Bonface Muinde
Mutie, from Kituo cha Sheria revealed that, their organization is pushing for the revocation of
the previous agreements made by individual land owners with the mining companies, and
embark on sensitization workshops aimed at building the local people‘s capacity.
46
4.3.9. Limestone rich areas The main areas with limestone deposits are in Mutomo and Ikutha Districts, South of Kitui. The
areas lie in what is popularly known as limestone belt. Some of these areas are;
Mathima Location, Mutha Division, Mutomo District
Kanziku Location ,Kanziku Division, Ikutha District
Simisi Location, Kanziku Division, Ikutha District
4.4. Interactions and trends between mining, communities, society and the
environment
4.4.1. Factors the mining companies should consider
One major group of factors is concerned with labor, in terms both of the employment of people
from the specific community and the effects on migrant labor. This includes such factors as job
opportunities, job creation, retrenchments, wages and benefits, working conditions, health and
safety, HIV/AIDS, training and skills development, housing for mine workers and their families,
employment of women and child labor, effects on migrant labor, and so on.
Economic factors include mining contributions to GDP, exports and taxes – these affect the
communities indirectly, depending on the way that governments allocate the proceeds, that is,
whether a suitable amount is allocated to the specific community affected by the mining. The tax
regime, for example, often centralizes the allocation of tax revenue, in which case insufficient
benefit would accrue to the local areas where the main impacts are felt.
A number of mines or mining companies contribute to adjacent communities by certain
amenities to the community. For instance, according to the project Manager Tom Mbathi, Athi
river Mining cement manufacturing Co. plans of drilling two boreholes to the residents of
Mathima in Mutomo District. The Company has also established a communal Trust fund by
donating an annual amount of sh.1 million. There is a promise that they would be able to provide
or subsidize schools, clinics, hospitals, community centers , self-help schemes, roads, houses or
sports facilities.
Although these activities contribute to the economic benefit of the area concerned, they are often
primarily implemented to ensure production. The economic benefits may accrue to a small part
of the population and create ―islands of development
47
Political factors are also important to communities, for example by the way political authorities
emphasize specific areas relative to other political constituencies. Some residents are caught up
in violent conflicts and in the contest between warring parties over the control of valuable
mineral resources such as limestone. (Charles Muasya, Journalist with People’s Daily)
In Kitui County, the political systems are characterized by political kingpin leadership, new
forms of democratic leadership and conflicts between traditional leadership and elected
councilors. Access to the resources that minerals have to offer mining, labour and supplies -
creates political and social conflict.
In some countries such as Angola the diamond fields are contested between rebel groups and the
government. Conflict can range from high-level strife such as war to lower level disputes such as
over resettlement or land ownership.
Communities are also affected by the ways in which mining interacts with their physical
environment. These effects cover a large number of aspects, from the disposal of solid wastes to
pollution of water sources and air to the need to reclaim mined-out areas. This is expected to play
out especially in Mui Basin. (Charles Muasya, Journalist with People’s Daily)
One big question that the community has grappled with is how the government plans to address
the land reclamation issue after the coal mining comes to an end. In general terms worldwide, the
mining industry does not enjoy a good public reputation for sound environmental management
(Ashton, 1999). However, the situation is changing as a result of increasing public awareness and
consumer pressure. The mining industry through the government of Kenya‘s NEMA, has
realized the economic benefits of improved environmental management and has increasingly
been participating in or even leading this improvement.
According to the view of at least one of the respondents, many of the current problems may be
summarized by the concept of "environmental justice". At least in the past, pollution and
environmental degradation followed the line of least resistance, with cost considerations rather
than the interests of adjacent residents usually determining the methods of waste disposal.
48
Since most mines are established in what are then rural areas, most of the adjacent residents are
among the poorest in the country, the least sophisticated in terms of technology and interaction
with authorities and therefore the least able to offer resistance.
Poor people are also affected most by environmental degradation because they have less access
to alternative sources of water, cannot afford defenses such as filters and cannot afford to move
elsewhere. Environmental degradation also affects urban areas, usually those that have grown up
around mines in previously rural areas, but even there the effect on poor people is the largest.
Those who directly benefit least from mining are the poor (even foreign shareholders are among
the major beneficiaries). The poor are among the most severely affected by environmental
hazards. That is, according to this view, these hazards are distributed inequitably.
Reclamation of land affected by mining is not always satisfactory, especially for the mines that
closed before laws were passed to demand reclamation. Older Kenyan mining operations started
at a time when there was little or no explicit concern for the surrounding environment. Disposal
of wastes was carried out in a manner designed solely to minimize costs, rather than to prevent
pollution or facilitate rehabilitation (Ashton). In many instances, old mines and quarries were
simply abandoned and no attempt was made to rehabilitate the surface workings when the
economic life of the ore body was exhausted.
This situation placed the responsibility for rehabilitation with its accompanying economic burden
on the State. Internationally, there is often no apparent source of funding other than government
for cleaning-up large-scale abandoned degraded areas of many types (Epps, 1996).Concern has
been expressed by a number of Community-Based Organizations(CBOs) and NGOs about a lack
of monitoring and evaluation of mining impacts.
They are also concerned about a lack of clear, efficient and effective procedures, or training and
awareness campaigns, to enable communities to monitor environmental management. A further
concern is what is seen as a passive role of government on these issues (Mthetwa, 2000).
These CBOs and NGOs would like to see:
benchmarking to measure sustainability
respect for the "no-go" option
use of the best available technology to prevent environmental degradation
49
Commitment to environmental research
Full reclamation of all mined land
Independent audits
Full disclosure and consultation
Citizen Review boards
Public support of environmental reforms and treaties, and
Establishment of a fund to address reclamation of abandoned mines.
The mining industry is also criticized because of its extraction of non-renewable resources. Its
response is that mineral deposits become an asset only after exploration and development. Coal
with an ash content of greater than 12%, for example, was considered merely as "carbon-
contaminated rock" until pulverized fuel boilers were developed that could use this coal and a
demand was started for that grade of material.
Rights to occupation of land are also affected by mine development, and the industry has been
accused of inequity in compensation. Mines offer landowners compensation for the land taken
over but non-owning occupants and their families are usually left with no compensation. One
exception was the Aquarius platinum development near Marikana in the North-West Province of
South Africa, where a needs analysis was performed and the 500 occupants did receive
compensation.
Hostels or other accommodation established by mines or plants in the midst of more established
communities often causes conflict, as the miners are likely to have different interests, cultural
backgrounds and political affiliations to the established residents.
The mining companies are moving away from hostel accommodation to family-type units but in
many cases migrant workers do not want to invest in urban accommodation.
4.5. Supply chain issues
Supply chain in minerals can be looked at in a number of ways, for example as a broad supply
chain or a processing or product chain. The broad supply chain can be considered as follows:
Issues around the supply chain formulated this way can be very broad, including questions such
as the economics, politics, sociology and technology of the production and supply of the
products of each stage. One specific point is that the development of electronic commerce to
50
speed up transactions is expected to improve the management of the supply chain. For the
present study, which concentrates on mining and processing, a product or processing chain is the
most relevant way of looking at the supply chain. A typical generalized processing chain of this
sort is given here below, though this still only applies to some minerals such as limestone and
coal:
4.5.1. Generalized processing chain
Waste disposal
or recycling Use Sale Transport
Raw materials
Production of raw product
Production of intermediate goods
Production of finished goods
Limestone and coal mining Crushing and Grinding Concentration
Smelting and Refining
However, this kind of chain can only be applied for a specific metal or mineral, as more of the
specific steps can be seen
4.5.2. Land access and use issues Land reform, property and mineral rights under common law, ownership of the land includes
ownership of the minerals in the land. However, the law in Kenya developed in such a way that
the right to minerals can be separated from the title to the land. Minerals rights constitute rights
in land. They are officially registered by the State and are a form of property protected by the
Kenyan Constitution, (Mining Act Chapter 306, 1972)
Therefore, when considering the effect of mining on land rights and access to land, the main
issue is that of mineral rights and access to minerals. This will be taken to apply to Kenya as a
whole, as it is understood that a similar situation applies in most of the countries of the region in
regard to the inclusion of minerals in land rights. Other land issues such as dispossession and
resettlement are discussed in section of social issues.
51
5. THE MINING PROCESS AND SITUATION IN KENYA
5.1. Desired drivers of change
Supply/demand considerations
The domestic market for most mineral commodities produced in the region is relatively small.
Sudden increases in demand may put pressure on labor, safety and environmental practices in
order to increase production. This effect, however, is likely to be the exception as most facilities
producing minerals or metals are limited by capacity considerations and the need to avoid over-
rating of expensive equipment.
Longer-term increases in demand are likely to have more effect on these practices, especially if
reserves or investments do not keep pace. Long-term decreases in demand put pressure on profits
and lead to cost-cutting, which may also affect labour, safety and environmental practices.
Eventually, a continued slump in demand (as well as cost increases) causes mines to close
(Osumo, 2001).
5.2. Mining and Quarrying Activities of Limestone
A case of Mutomo and Ikutha Districts
Quarry operations are under the respective Local Authorities in their areas of occurrence.
However, the Commissioner of Department of Mines and Geology sanctions use of explosives
for the purpose of blasting the rocks. That is, there always exist conflicts and misuse of various
licensing bodies in quarrying.
Table 2 lists the activities in Mining/Quarrying and the impact of it to the environment.
ACTIVITY POSITIVE
IMPACT
MEASURABLE
PARAMETERS
NEGATIVE
IMPACTS
MEASURABLE
PARAMETERS
Clearance of
the overburden
-creation of
employment
-provide raw
materials for the
construction
industries
-encourage
cottage
-people in
employment
-products in
running feet or
tons
-amount of
money
earned
-destruction of
vegetation
-destruction of
fauna habitats
-loss of scenery
-enhancement
of soil erosion
-area cleared in
km2
-depletion in
number of plant
and
animal species
52
industries
-generate income
-earn revenue for
the government
-improvement of
Lifestyles.
Drilling -creation of
Employment
-number of
people
Employed
-generation of
dust
-generation of
Noise
-percentage of
particulates in
the
air
-noise levels in
decibels >85,
hearing
protection
is required
Blasting -creation of
employment
-number of
people
employed
-ground
vibrations
-flyrock
generation of
dust
generation of
noise
-surface land
disruption
-explosive
fumes (gases)
-amplitude and
frequency using
seismographs
-number of
damaged
structures
-number of
structural cracks
developed
-number of
pieces
of stones thrown
out
-area in km2
-percentage of
particulates in
the
air
53
-noise levels in
decibels >85,
hearing
protection
is required
Splitting -creation of
employment
-number of
people
Employed
-flying stones
pieces
-number of
people
and structures
damaged
-percentage of
particulates in
the
air
-noise levels in
decibels >85,
hearing
protection
is required
Stone
Dressing
-creation of
Employment
-number of
people
Employed
-generation of
Dust
-percentage of
particulates in
the
air
-noise levels in
decibels >85,
hearing
protection
is required
Source; Mines and Geology
54
3.8: Impact of mining/quarrying Activities
Impact Degree of Significant Mitigation Measures
Destruction of flora Major Re-vegetation
Destruction of fauna
Habitats
Major Provision of animal diversity
that will
contribute to a stable and
compatible
Ecosystem.
Surface land disruption Major Rehabilitation
Ground Vibrations Major Discontinue the use of
explosives or use of proper
designs. Recommended
frequency is less than 40Hz
Vibration levels are as
follows; -< 1.91cm/s for
modern houses and dry
wall constructions
-< 1.27cm/s for older houses
with
plaster on-lath walls
-<0.254cm/s where local
altitude is
hostile to minimum
Fly rock Minor Use of proper blast design
Noise pollution Moderate Discontinue the use of
explosives. >85
Decibels hearing protection is
required.
Generation of dust Moderate Provide workers with filter
masks and
55
respirators and use proper
blasts designs
Loss of scenery
( abandoned excavation)
Major Creation of landforms which
are
compatible with the adjacent
landscape
Table 2: Mining/quarrying processes and their impact on the environment Source; Mines and
Geology
5.3. Impact of Mining on the Environment Anywhere in the world, mining operation draws ores and other raw materials from the earth and
this has a direct impact on the biological and physical environment. There is variation in the
nature and degree of impacts which vary widely depending on the location and type of operation.
Mining operations will generally affect the hydrological functions and hence water quality. This
is because mining interferes with the ground water table by lowering it and introducing
pollutants to the aquifer.
On affecting the hydrological functions all the biological life forms are affected. Special species
such as micro biota, benthos, algae, bacteria, fungi, protozoa and invertebrates bear direct
consequences.
Mining operations often involve cutting the land surface and moving the earth to other locations
as waste materials. This affects the natural topography and scenic beauty as well as removing the
surface vegetation which affects the ecosystem, thereby disturbing the balances of nature.
Sand and gravel degrading along rivers can increase sediments bed load through suspension,
hence physically eliminate several organisms and destroy fish spawning and nursery areas, all of
which ultimately change aquatic community composition. It can also lower the riverbed, steepen
56
and destabilize riverbanks causing erosion and channel widening (Mathu, and Davies, 1996).
Figure 11: Lower water table, an effect of unsustainable sand harvesting ways in Kitui County
Mining activities normally generate a lot of noise, dust, toxic fumes and solid or liquid waste
effluent which finds its way into the surroundings causing pollution into the environment. It
often competes with ecologically protected zones such as National Reserves and gazette forests.
It poses, just like any other industry both environmental and safety hazards which are contributed
by; The prospectors tend to mine on a dig-and dump basis to win both precious, or semi-precious
and industrial minerals in increasing quantities causing adverse effects on the environment at
local or regional scale.
These effects can either be physically or chemically influenced depending on the mining
activities. Mining disturbs land by removing surface vegetation and changing topography and
affects hydrological functions and water quality, causes soil erosion and stream sedimentation
that cause death of trees along river banks, produces dust, lowers the water tables or destroys
wildlife habitat (Mathu, and Davies, 1996).
57
5.4. Physical Effects Effects of Mining may appear in various ways. We are only going to analyze the physical and
chemical effects of mining. The former is likely to come into play with the anticipated start of
quarrying activities in Mutomo and Ikutha Districts when a clean bill of health is given to the
Cement manufacturing companies in the limestone rich area of Kitui County.
Physical effects occur as a result of mining activities on any area during and after the mining
operations. During mining or quarrying, vegetation and soil covers are removed to facilitate the
extraction of minerals or rocks by digging pits, trenches, etc. Explosives may be used to say blast
the rocks. This leads to the distortion of the landscape into scarred, disfigured and very different
from the original state. These results to soil erosion facilitation from erosion agents such as wind
and run-off water that leave the rock out crop bare. It also causes pollution as dust and fumes are
circulated into the atmosphere while soil particles end up in watercourses as sediment.
Unfilled pits and trenches of varying sizes and depths may act as water reservoirs during the
rainy seasons, which may become dangerous death traps for human and animal population. They
may also become breeding areas for harmful insects such as mosquitoes and other
microorganisms.
Excavations and use of explosives near roads and water or oil and gas pipelines can influence
localized earth movement such as mudflows and landslides that cause damage to the
environment (Mathu, and Davies, 1996).
5.5. Chemical Effects
The Mui Basin coal mining is likely to come with a lot of challenges especially in regard to
waste management mechanisms that will be put in place. Chemical effects are likely to be
experienced by the community around especially if proper handling of the highly toxic waste is
not observed.
Chemical effects are as a result of industrial operations or dumping of refuse, which can either be
in the form of solid, liquid or gas. This waste may be toxic and would have a direct or indirect
effect on the environment. These chemicals include, sulphur dioxide, cyanide, arsenic and
mercury vapours, which are known to be environmental hazards at even very low concentration
levels (Mathu, and Davies, 1996).
58
These chemicals are toxic and if not properly handled, may enter into wastewaters and into the
hydrosphere causing adverse effects on life.
Mining equipment, such as diesel engines used in, the underground mines give out soot and
poisonous gas emissions that pose serious safety hazards to workers and life in general.
5.6. Mining Impact in Kenya
Mining in Kenya is mainly open cast due to the nature and occurrence of minerals mined.
Instances of environmental degradation due to mining are therefore more severe and are reflected
in the waterways of most nearby environments. For example the Kerio Valley area is heavily
polluted by the fluorite which is mined by the fluorspar mines through open cast, pollution of the
atmosphere and water ways of Greenstone Belt of western Kenya by mercury which is used in
amalgamating the alluvial gold in the area, the dust produced in the mining and processing of
diatomite at Kariandusi in Gilgil and the effect of escaped volatiles and spent liquor in the
processing of Trona at Lake Magadi and Energy production at Geothermal Station in Hells Gate,
Naivasha.(Osumo 2001)
In the quarries doted all over the country, dust and sound pollution has adversely affected the
neighborhood residents. The Karen-Ngong Environmental Self Help Group of Nairobi is
instrumental in stopping of quarrying for dimension stones in Ololua forest. The quarrying had
been authorized by the City Council of Nairobi in conjunction with the Forest Department,
which incidentally, falls under the Ministry of Environment and Natural Resources. Kayole
Resident Association in Nairobi effectively managed to relocate the huge stone crushing industry
from their area, but not after the impact on their buildings and health. Dust and dynamite
explosive impact were responsible for lung related diseases and the cracks developed on the
buildings in the area. The huge open casts left behind pose a high risk to residents and their
children. Several deaths have occurred in the nearby estate, Donholm where such abandoned
quarry mines were left Uncovered. Sand harvesting has caused a lot of soil erosion particularly in
the neighboring Machakos district, which is the main supplier of sand to the Nairobi construction
industry. The Government has constantly intervened in the process but to very little effect. Large
tracks of land and fertile soil has been washed downstream and gone to Waste due to the
practice. (Kariuki 2002)
59
5.7. Environmental Impact Assessment and Audit (EIA\EA)
Environmental Impact Assessment (EIA) is a critical examination of the effects of a project on
the environment. The goal of an EIA is to ensure that decisions on proposed projects and
activities are environmentally sustainable. An EIA is conducted in order to identify impacts of a
project on the environment, predict likely changes on the environment as a result of the
development, evaluate the impacts of the various alternatives on the project and propose
mitigation measures for the significant negative impacts of the project on the environment
(www.nema.co.ke).
The EIA also generates baseline data for monitoring and evaluating impacts during the project
cycle as well as highlighting environmental issues with a view to guiding policy makers,
planners, stakeholders and government agencies to make environmentally and economically
sustainable decisions. It seeks to minimize adverse impacts on the environment and reduces
risks. EIA also identifies measures to mitigate the negative impacts while maximizing on the
positive ones.
Self Audits are carried out after the environmental impact assessment study report has been
approved by the Authority or after the initial audit of an ongoing project. The proponent shall
take all practical measure to ensure the implementation of the environmental management plan
by carrying out a self auditing study on a regular basis.
5.8. Environmental Impact Assessment (EIA) review process
1. Receiving the EIA reports
This process involves confirming the following;
i) If payment of the 0.1% of the project has been done,
ii) If the lead expert is registered,
iii) If it‘s a study report or project report,
iv) Giving the report Reference number and filing,
v) Issuing an acknowledgment letter to the proponent.
21 days PR
2. Dispatching the reports for Sectoral Comments from Lead Agencies & DECs/PECs
EIA
After receiving the reports, dispatch to the relevant lead agencies is done through the registry.
60
Preparation of summary (Public Consultation supplement) for printing on the Newspapers) (30
days study)
3. EIA Review Process The review criterion is guided by Template for EIA Review:
Description of the report to determine Completeness,
Acceptability and Inadequacy
• Methodology utilized in compiling the report
• Description of the project
• Assessment of alternatives
• Description of impacts
• Description of measures to mitigate impacts
• Legislative framework
• Non –Technical Summary-public consultative supplement
4. Decision Making Decision making principles:
i) Using the ecosystem approach
ii) Considering alternatives
iii) Using a hierarchy to mitigate impacts
iv) Applying precautionary principle
v) Ensuring equitable sharing
vi)Risk assessment consideration
vii) Adhering to ―Three-Simultaneity concept‖ in which EP facilities must be designed together
with the proposed
5. Decision of the Authority:
i) Issuance of conditions for approval of the project
ii) Issuance of EIA Licence, after the proponent has accepted in writing the conditions
iii) Pend approval until the adverse impacts are addressed
iv) Upgrading the project to EIA study
v) Reject the application with reasons (NEMA 2003)
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5.9. Trends in the impact of mining on the economy
The proportion of mining in the economy of the region as a whole was lower in 1997 than in it
was in 1973. The absolute value of mining‗s output increased at current prices but inflation was a
major constituent of the increase. However, minerals and metals are still the largest element in
the region‘s exports and there are prospects for revival of mining‘s contribution based on
minerals other than gold.
5.10. Role of small-scale and artisanal mining in the region
Nearly all countries in the region have recognized small-scale mining as a means of alleviating
poverty and empowering the local community. In Kitui County a number of support programmes
have been established ranging from provision of loans and grants, equipment and plant hire
schemes and making policy provisions. Artisanal mining is, however, discouraged because it
usually does not maintain health, safety and environmental standards. Large companies, after a
long history of opposition to small-scale mining, have started to accommodate it.
Figure 6: Mui mines and Minerals, one of the small-scale mineral dealers in Kitui County.
62
Land access and use issues
When considering the effect of mining on land rights and access to land, the main issue is that of
mineral rights and access to minerals.
The policy of the Kenyan government is therefore to ensure national ownership of mineral rights
through the ―all minerals belong to the government‖ principle. The government has published
draft legislation for this purpose. Large mining companies have until recently vigorously
opposed this direction but are now starting to accept it. African countries already have legislation
and regulations in place for the same effect.
Supply/demand considerations
The supply of minerals from Kenya depends on export markets as well as on economic and
political developments in the count of the region and on reserve constraints. Long-term booms or
slumps in demand put pressure on labour, safety and environmental practices.
Restructuring and changing corporate profiles
The mining industry in the region has restructured from the previous situation of to a more
attractive one. Companies have of late embarked on serious fight for a portion of the land in
Kitui County. The reasons included, expansion plans, cost increases, decline in prices,
competition from companies elsewhere, reduction of the amount of capital required and stock
market under-valuation of integrated companies.
Technology
The mining industry has instituted a large number of critical technological innovations. This has
reduced costs, extended the range of mineral deposits that can be recovered, and improved safety
and productivity. It has maintained or extended the viability of mining for a number of
commodities and slowed the decline of others. Some technological innovations have decreased
the demand for labour but the process has maintained viability and safeguarded some jobs. Many
of the innovations have brought about a change in the labour market from unskilled, un-educated
workers, artisanal, to those with technical ability and education.
Legislation and policy changes
Government policy on environmental management includes a risk-averse approach and the
polluter-pays principle, consideration of the ―no-go‖ option, equitable and effective consultation
and the principles of integrated environmental management. Government encourages regional
63
co-operation. Legislation on mine health and safety is satisfactory but government intends to
strengthen implementation. The Mining Act Cap. 306 of the Laws of Kenya is silent on
rehabilitation of mines after mineral exploitation. However, the Environmental Management and
Coordination Act 2000 require good environmental practice even after exploitation of the
mineral. Hence it is mandatory for the rehabilitation of mines.
One of the major constraints in rehabilitation programs is the informal mining operations
existing and the land tenure as far as the mines is concerned. In particular the licensing and
administration of quarries leaves room for environmental malpractices.
The Environmental Act is relatively new and its implementation has yet to be realized since the
enacting body National Environmental Management Authority (NEMA) is partially fully in
force. In spite of this there are private miners that have taken the initiative to rehabilitate their
used mines a case in point is the Bamburi Portland Cement Company Ltd.(Osumo 2001)
The Government of Kenya has well intended policy of mineral development in this country. The
participation of private investors as the vehicle for mineral development is one of the provisions
of Olive leaf Foundation which is within the advocacy course of action. It has as well reviewed
the legislation of the mineral development activities to accommodate the environment and
sustainability of the activities. However, the enactment of the legislation has taken a snail slow
speed make the laws ineffective as nobody is aware or adheres to them.
The enacting body NEMA for example is toothless, is a toothless bulldog, lacking legislative
power to reinforce and prosecute individuals and organizations contravening most of its
provisions
Quarrying activities and any other open cast mining should come under one government
department.
Quarrying activities are currently licensed by the Local Authorities who have no manpower or
skills to do so. They operate from revenue collection and land allocation only without any regard
to the actual activities carried out. They are unable to assess the quantity and production capacity
and hence duration of quarrying to go hand in hand with their development plans. The unable to
assess the environmental degradation and the rehabilitation program thereof required after the
quarrying/or mining.
Quarries should be rehabilitated after use. This should be the onus of the land owner who after
all has collected revenue from the exploits. There are many post quarrying uses such as that of
64
Bamburi Company, fish farming, recreational small lakes or even property development.
Mathare slums site was once a quarry and the land can provide a very firm construction
foundation for buildings. (Mutisya 2005)
Kajiado gypsum disused sites may attract tourism plus recreation areas if well rehabilitated.
Wildlife may also thrive well in this place if the mines were fenced off and only accessible edges
were opened to the animals for watering. The government/NGOs should look at the possibility of
re-establishing mining cooperative societies for the small scale and artisan mining.
Environmental issues are a concern of all of us and individuals may not be able to handle or
rehabilitate some the mines (Kariuki 2002)
Case study
Bamburi Portland Cement Company Ltd
Bamburi Portland Cement is a cement making company that has been in operation in this country
for the last several decades. Its first site of operation in this country was at the coast near its
limestone mines at the north coast of Mombasa city. It owns the land on mining and
manufacturing site, and with time the exploited mines occupied a large portion of the unused and
environmentally unfriendly land. The company with the help of environmentalist developed a
recreation center, Nature Trail Centre; that accommodates almost all the flora and fauna
including some of the large mammals that can habituate in the coast region. The Nature Trail
earns revenue to the company and is an environmental boost to the City of Mombasa.
This a good example of environmentally friendly land use with sustainable development.
Olive leaf Foundation advocates for such use and this is one of the rare examples in this country.
It should be born in mind that land tenure comes into play in this issue. Bamburi owns the land
and since limestone mining, just like quarrying is not controlled by the Commissioner of Mines
and Geology, the onus of rehabilitation lies with the landlord. Other mines like the Kajiado
gypsum mines owned collectively by the Maasai clans are environmental disasters and risky
zones to both humans and animals. The abandoned sites are left unmanned and animals stray into
them and get stuck in the mad in them as they attempt to quench their thirst. Likewise, the
community may be helped to reclaim the land and make good use of it.
65
6. RECOMMENDATIONS
A baseline study is not designed to recommend future action since its function is to provide a
description of the present status to serve as a basis for comparison with the future situation.
However, suggestions can be made that are intended to facilitate the descriptions and
measurements and make them more reliable. In the present case, data published by differing
sources, for example, should be investigated and standardized. Government departments in the
region would be best placed to achieve this end.
A specific point that invites a recommendation concerns industry co-ordination on social and
environmental issues. Despite the existence of the NEMA and the industry activities in favour of
the environment and society) there appears to be no organization specific to mining companies to
co-ordinate their activities in these areas or open to the public to explain their operations in this
regard. It is therefore recommended that industry consider steps to intensify their co-ordination
on social and environmental activities. The stakeholders such as the National government,
county governments, NGOs, CBOs etc need to work as a team not competitors as they all strive
to address the challenges coming with mining in Kitui County.
Conclusion
In summary, the mineral and mining situation in Kitui County should be clearly defined and
mapped by the concerned government agencies. For fair distribution of the benefits of minerals
in the County, all stakeholders should have a participatory role in all the tasks geared towards the
exploitation of the mineral deposits. However, the residents should not be too expectant of the
these benefits since the mining process has not always been effectively executed in Kenya as
many people especially around the limestone deposits at the Coast have had an outcry of mass
environment pollution (Coastal & Environmental Services, 2001). Therefore, the environmental
degradation must be kept in watch once mining process starts as this can affect a wide range of
areas such as agricultural sector otherwise if well conducted, Kitui County will be one of the
richest Counties in Kenya.
66
REFERENCES
1: Coastal & Environmental Services (2001); Kwale Titanium Minerals Project, Kenya.
Environmental Impact Assessment.
2: Mining Act Chapter 306 (1972); the Laws of Kenya, Government Printers.
3: Environmental Management and Coordination Act (2000): the Laws of Kenya. Government
Printers.
4: Osumo, E.S (2001); A Brief Report on the Mining Sector. Mines and Geology
Communication.
5: Mines & Geology Department (2001); Mining Effects on the Environment, Internal
Communication.
6: Mathu, E.M and Davies, T.C. (1996); Geology and the Environment in Kenya; Journal of
African earth Sciences, vol.23, No.4
7: Davies, T.C. (1993); mineral Development in Kenya. In Geology for Sustainable
Development.
8: Kenya National Bureau of Statistics. (2009); Economic Survey of Kenya, 2009.
9: Office of the Vice President and Ministry of Planning and National Development
(OVP&MPND) (1993); Seventh National Development Plan.
10: Ministry of Planning (1963); National Development Plan.
11. Independent Elections and Boundaries Commission of Kenya
67
APPENDICES
Appendix 1: CBOs
MINERAL RESOURCES SURVEY
NGOs, CBOs GROUPS AND INDIVIDUALS
KANZIKO LOCATION
1. KIVANDENI UNBRELLA PROJECT GROUPS (CBOs) 205 MEMBERS
Registered in 2008
Officials CHAIRMAN – MR. BENSON M. MWANZIA 0727 261 134
SECRETARY – MRS PENINAH MANG‘ALA 0711 378 288
TREASURER – MRS JOSEPHINE MUSINGI
Activity/Objective: Poultry/Goats keeping/ Vegetable/Tree planting/Water/Soil/Sand
Conservation.
2. KATHINI IRRIGATION PROJECT – 40 MEMBERS
Registered in 2006
Officials: CHAIRMAN – MR. KOMU KISENGESE
SECRETARY – MRS NDUKU PHILIP 0700 141 869
TREASURER- MRS PENINAH MANGALA – 0711 378 288
Activity/Objective: Vegetable/Tree planting/Goats rearing
3. KALOVOTO S.H GROUP
Registered in 2008
Officials: CHAIRMAN – MR. F.KYULE
SECRETARY – MR. MUTUNGA MASALALI
TREASURER – MRS. KANYELE KIMINZA
4. MAMA MZEE WOMEN S.H.G – 42 MEMBERS
Registered in 2008
Officials CHAIRPERSON – MRS. ROSE MWANZAKU
SECRETARY - MISS MUTULU MUTHUNGULI
TREASURER - MISS KANINI SOLO
68
Objective/Activity: Poultry/Goats keeping
SIMISI LOCATIONS
5. NGENDA S.H GROUP – 45 MEMBERS
Registered in 2008
Officials: CHAIRPERSON – MRS GRACE KAMUTI
SECRETARY – MR BENSON MWANZIA
TREASURER – MRS LOUISE M. MUSINGI
Activity/Objective: Livestock rearing, Tree/vegetable growing/water conservation. Education
funds assistance to members.
6. UTONYO WA KIIMANI GROUP – 45 MEMBERS
Registered in 2010
Officials: CHAIRMAN – MRS NDENDWA NGUTHU
SECRETARY – MRS KILILI SILA
TREASURER – MRS KADZO NZOU
Objective/Activity: Tree Planting/Soil conservation Empowering women through micro
finance loans.
7. VUTU TECHNICAL YOUTH GROUP – 38 MEMBERS
Registered in 1997
Officials CHAIRMAN – MR. RAPHAEL MWANZIA MATHEKA
SECRETARY – MR PAUL NZAU
TREASURER – MR PHILIP M. MUSYOKA
Activity/Objective: 1. making furniture for sale
2. Training youth in masonry, carpentry and tailoring
8. EKANI DEVELOPMENT AND COUNSELLING YOUTH GROUP-40 Members
Registered in 200 4
OFFICIALS: 1. C/PERSON: Jonathan M. Komu
69
2. SECRETARY: Stephen K. Maundu
3. TREASURER Miss Anita Mutia
ACTIVITY/ Objective: 1. creating awareness on HIV/AIDS infection
2. Counsel and guiding the youth
3. Empowering and capacity building for the youth.
Raised issues: -Corruption and abuse of youth rights
8. KAMENE S.H GROUP -40 Members
Registered: 2010
OFFICIALS: 1. CHAIRPERSON –Mrs. Agnes M. Nyamai
2. SECRETARY –Mrs. Rose K. Sungu
3. TREASURER –Mrs Jane Kyusya
Activity/objective: 1. Care of orphans /people living with HIV/AIDS.
9. MWIKIO WOMEN GROUP -40 members
Registered -2008 (no: 20963)
OFFICIALS: 1. CHAIRPERSON –Mrs. Penninah M. Nzau
2. SECRETARY –Mrs Mumbi Matuku
3. Treasurer –Mrs. Rose Kisangau
Activity:/Objective: 1. Care of orphans
2. Tree planting
MATHIMA LOCATION
11 MATHIMA ASSISTANCE GROUP-Over 200 MEMBERS
Registered in 2002: OFFICIALS: 1. CHAIRMAN-Joseph Maundu
2. SECRETARY –Peter Musembi
70
3. TREASURER-Catherine Mwengi
Objective: Assistance in Burials, and assisting the orphans (OVC), widows and widowers.
12. 4 K MIND YOUTH GROUP
Registered: 2006
OFFICIALS: 1. CHAIRPERSON –Anderson Mulwa -0725 807 563
2. SECRETARY- Jonesmus Kiema
3. TREASURER-Janet Kakundu
Objectives: 1. Youth behavior change
2. Counseling and guiding Youth about HIV/AIDS
13. KENGO YOUTH GROUP -40 members
Registered-
OFFICIALS: 1. CHAIRPERSON -Joshua Mathano
2. SECRETARY- Stephen Ngui
3. Treasurer –Faith Mulatya-
Activity/Objective –NRM- Tree planting
14. IMANI SELF HELP GROUP -25 Members
Registered –
OFFICIALS: 1. CHAIR PERSON- Mrs. Josephine Mwangangi
OBJECTIVE-ACTIVITY-Orphans care
15. WAZEE S.H.G -20 members
Registered
71
OFFICIALS 1. CHAIRPERSON: Jonathan K. Ikuthu
2. SECRETARY-George Mwengi
TREASURER –Daniel Mutia
ACTIVITY /OBJECTIVITY 1. Retirees care and benefits
2. NRM e.g. lime, stone, sand
3. Youth Counseling and guiding
16. MATHIMA MAIDP-CO –over 1000 members
Registered
OFFICIALS: 1. CHAIRPERSON- Mr. Nduto Kinyamasyo
2. SECRETARY-Mr. Sammy Kimanthi
3. TREASURER-Mr. Lazi Wambua
ACTIVITY/OBJECTIVE: Education. Community capacity
17. MATHIMA MINERALS CO-OPERATIVE SOCIETY -300 MEMBERS
Registered- 2010
OFFICIALS: 1. CHAIRPERSON-Mr. Kakya Kitwai
2. SECRETARY –Mr. Kasoa Kitonyo
3. TRESURER-Mr. Jonathan Ikuthu
OBJECTIVE: Awareness on community exploitation in land and mineral resources in the area.
18. MATHIMA FARMERS CO-OPERATIVE SOCIETY
OVER 200 members
Registered
72
OFFICIALS: 1. CHAIRPERSON –Anderson Mulwa
2. SECRETARY-Jonesmus Kiema
3 Treasurer –Betty Kulita
OBJECTIVE: Advocacy to farmers on farm products and marketing
19. MUTETHYA GROUP-40 Members
Fully Registered.
OFFICIALS: Mrs. Rebecca Kyusya –C/Person
OBJECTIVE: Orphans and widows care
20. MUTETHYA GROUP B -28 members
OFFICIALS – CHAIRPERSON Mrs. Mary Munyasya
Objective –Awareness of HIV/AIDS infections
21. THANUKA YOUTH GROUP -16 members
Registered –
OFFICIALS – CHAIPERSON- Kivoto Nekethi
OBJECTIVE- Soil and Water conservation
22. USHIRIKA WA WAKE GROUP
OFFICIALS CHAIRPERSON-Mrs. Rose Nyerere
OBJECTIVE: Assistance to the aged
23. NEEMA S.H GROUP -40 Members
Registered –
OFFICIALS: 1. CHAIR PERSON- Mr. Nyerere Nduli
73
OBJECTIVE –Assistance to secondary school
ZOMBE
THUA COMMUNITY DEVELOPMENT PROJECT
Joshua Mumo Mutisya
Kaumu Primary School
Nzombe Teacher
Tel. 0724 607 331
Organization Thua Community Development Project
Block ‗A‘ Mui Basin Coal Exploration
Objectives Multi Sectoral Organization
Functions
Irrigation
Education – Bursaries to poor children
Hiv /Aids – Orphaned Children and parents
David N. Mutisya
Zipporah K. Maundu
Appendix 2:
Advocacy issues of the CBOs
1. Factories to be built –To create employment
2. Proper Education/training before mining
3. Address the effects of environmental pollution/ diseases
4. Sharing of benefits at 50/50
5. Land leasing yearly
6. Compensation
74
7. Resettlement/Evictions
8. Community Social responsibility (CSR)
Provision of education bursaries to the children
Provision of health care services
Provision of community welfare i.e. permanent personal benefits
Policy 100% owned by the government but each person has authority autonomy on his land.
Contractor or the people – this should be owned by the people as partner to whoever is mining.
Argument on these issues must be in line with the laws and regulation of the government except
when there are contentious issues.
Appendix 3: Baseline Questionnaire
Baseline Survey Questionnaire
The purpose of this survey is to determine the impact of mineral mining in Kitui County,
Community involvement and participation in NRM issues, the Advocacy issues various
stakeholders recommend and the state of relationship of all key stakeholders involved the mining
of minerals in Kitui.
Kindly fill in your answers to the following questions in the spaces provided. Your response will
be highly appreciated.
GROUP ONE: MINING COMPANIES
Theme 1: Registration and Lease acquisition
1. What are the challenges do you incur when accessing leases and registration of
contract for mining purpose?
............................................................................................................................................................
...........................................................................................................................................................
2. According to your own opinion, are tenders awarded fairly to mineral mining
companies?
............................................................................................................................................................
...........................................................................................................................................................
3. In Kitui county, how much are the minerals resources in terms of number of
deposits and amount in each deposit?
75
............................................................................................................................................................
...........................................................................................................................................................
Theme 2: Obligation and Social responsibility
1. What is your obligation when carrying out your mining/quarrying activities in
Kitui County?
............................................................................................................................................................
...........................................................................................................................................................
2. As companies of mining and quarrying, do you think you have done enough to
meet your obligations to the communities in Kitui County?
............................................................................................................................................................
...........................................................................................................................................................
GROUP TWO: COMMUNITY AROUND THE MINES
Theme 1: Advocacy issues
1. What are the desires of the communities around the mining companies and
mineral deposits?
............................................................................................................................................................
...........................................................................................................................................................
2. Has the companies and government done enough to address community advocacy
issues?
............................................................................................................................................................
...........................................................................................................................................................
Theme2: Impact on the environment of mining and quarrying activities
1. What has been the impact of the mining/quarrying activities in Kitui county in
general?
76
............................................................................................................................................................
...........................................................................................................................................................
2. Does negative impact outweigh positive impacts in and around the communities
of Kitui County?
............................................................................................................................................................
...........................................................................................................................................................
Group Three: Government
Theme 1: Improvements to the quarrying/mining sector
1. What has the government done to improve the situation of negative reports from
the communities regarding the mining/quarrying activities in Kitui County?
............................................................................................................................................................
...........................................................................................................................................................
2. What are the improvements the government has undertaken in terms of legislation
and monitoring in regard to mining and quarrying activities in Kitui County?
............................................................................................................................................................
...........................................................................................................................................................
Theme 2: Others
Any others issues that you feel is of concern in mining/quarrying activities in Kitui County?
............................................................................................................................................................
...........................................................................................................................................................
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Appendix 4: Map of Kitui County
Map of Kitui County
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