Centre for Litigation Trust Castigates Government over planned Mining at Mrima Hills in Kwale

Centre for Litigation Trust (CLT) on Monday joined Lungalunga residents in demanding the immediate suspension of all mining activities at Mrima Hills,  in Kwale County, until issues raised by locals are amicably addressed.

The Centre expressed concerns over the fate of Mrima and Lunga Lunga residents'  interests on local environment, and sacred sites, forests, water sources, and cultural heritage in the areas, saying locals could be short-changed.

CLT Executive Director Julius Ogogoh said plans are underway to petition the government to ensure there is meaningful and inclusive public participation before the mining process begins.

"It's very unfortunate that people residing around  Mrima Hills and the Lunga Lunga area in general have not been consulted and their interests taken care of, yet we see the government moving with speed to commence  the mining activities”

“This is unlawful and unconstitutional, and we are very ready to petition this in the courts of law. We can't allow it,  and even Kenyans won't allow the unlawful to happen at Mrima Hills," Ogogoh said.

He cited various risks faced by locals, including environmental degradation and threats to sacred sites, forests, water sources, and cultural heritage in the areas.

The Centre want the government to ensure adequate participation and involvement of all local communities from across Lungalunga and Kwale County in general.

Locals had earlier complained of lack of public participation and inclusivity, Transparency and adherence to the constitution in the ongoing mining activities.

They had also raised a red flag over an absence of Community Development Agreements in the mining activities.

"The residents of Mrima Hills have not been meaningfully consulted prior to decisions affecting their land, environment, and livelihoods"
"Residents face potential deprivation of land and property rights without due process, lawful justification, or prompt and just compensation”  the residents said in one of their complaint letters sent to senior government officials, including President William Ruto.

They complained that the State failed to fulfil its obligation of ensuring sustainable exploitation of natural resources and to encourage public participation in environmental governance.

Mrima Hills is historically, culturally, and spiritually linked to local communities. Any mining activity affecting community land requires free, prior, and informed consent, which has not been obtained.

“Therefore,  there should be a comprehensive, inclusive, and transparent public participation process involving all affected communities, full disclosure of all mining licenses, permits, approvals, and agreements relating to Mrima Hills, or else we take legal actions, the CLT boss added.

Mr Ogogoh further called for the protection of community land, cultural heritage, and environmental resources through an established Community Development Agreement (CDA) in accordance with the Mining Act, 2016