The State and a mineral prospecting firm have been ordered to pay a rancher Sh28 million in compensation for damage to his land.
Environment and Land Court Judge Stephen Kibunja ruled that the Petroleum and Mining ministry illegally issued a permit to Lilian Mercy Mutua, trading as Lilian M Gems, resulting in the trespass and damage to a portion of ranch land in Taita Taveta County owned by Kasigau Ranching (DA) Company Ltd.
He ordered the Cabinet Secretary for Petroleum and Mining, the Commissioner of Mines and Geology, the Attorney General, and Ms Mutua to jointly pay Sh15 million as compensation to the ranch owner.
The judge also awarded Kasigau Ranching (DA) Company Ltd Sh13 million to be paid solely by Ms Mutua as restoration and conservation damages.
The money, the court ruled, will be used for the rehabilitation, restoration, and decommissioning of the mining area, Machungwa “A” Kasigau Ranch, under the supervision of the National Environment and Management Authority.
Justice Kibunja also issued an order cancelling the mining permit issued to Ms Mutua.
He noted that the court had seen a letter from the ranch to the CS requesting that the mining permit issued to Ms Mutua be revoked for lack of consent from the landowner as required by the Mining Act.
The judge said that the CS received the letter on December 4, 2018, which was a month after issuing the mining permit to Ms Mutua on November 7, 2018.
“Once the CS became aware of the ranch’s rejection of the mining activities of Ms Mutua on their land, there ought to have been a suspension of the permit, for failing to meet the obligation of consent from the land owner,” said Justice Kibunja.
Justice Kibunja added that the CS ought to have should have summoned all the stakeholders and resolved the dispute.
“The first defendant (CS) neither revoked nor suspended or cancelled the mining permit issued to the fourth defendant (Ms Mutua) despite glaring protests from the plaintiff (Kasigau Ranching (DA) Company Ltd),” stated Justice Kibunja.
The judge said that the court was satisfied that the land belonged to the plaintiff since their registration and proprietorship had not been disputed and it was therefore vested with all the rights and privileges that go with it.
The court also ruled that the actions of the fourth defendant of mining on the ranch without the consent of the plaintiff amounted to trespass.
Justice Kibunja ruled that Ms Mutua should bear the costs of rehabilitating, reclaiming, and decommissioning the mining locations.
“It is the view of the court that though Nema is not a party in this proceeding, it should supervise the restoration, rehabilitation, and decommissioning of the mines,” ruled Justice Kibunja.
Kasigau Ranching (DA) Company Ltd had told the court that they are the registered owners of the land located in Kasigau, Taita Taveta.
It claimed that Ms Mutua, with the assistance of the CS and the Commissioner of Mines and Geology, had been carrying out illegal mining activities on its land.
The ranch told the court that despite its objections, the CS and the Commissioner of Mines and Geology issued Ms Mutua with a mining permit registration allowing her to mine in an area on its land.
According to the company, the fourth defendant was using the mining permit to claim ownership of the portion of the land where she was mining.
The CS, the Commissioner of Mines and Geology, and the AG told the court that Ms Mutua applied for a mining permit in compliance with the Mining Act.
They said that she submitted a mining permit, a mineral prospecting and mining consent for the ranch, mining entry fees, community development and consent fees.
The three accused said that the Mining Rights Board reviewed and recommended the issuance of the mining permit to Lilian M Gems.
