Gov't defends Shanta Gold's mining licence after Siaya court ruling

• Mining PS Harry Kimtai said the Environment and Land Court's October 29 judgment did not cancel, suspend or revoke Prospecting Licence No. PL/2019/0222.
• He added that the prospecting licence "remains valid and in force."

Shanta Gold Kenya Limited undertakes the West Kenya project. PHOTO | COURTESY

The Ministry of Mining, Blue Economy and Maritime Affairs has disputed reports that a court stopped Shanta Gold Kenya Limited from undertaking mining activities in Siaya County, maintaining that the company's prospecting licence remains valid despite restrictions imposed by the Judiciary.

In a statement issued on Friday, October 30, Mining Principal Secretary Harry Kimtai said the Environment and Land Court's October 29 judgment did not cancel, suspend or revoke Prospecting Licence No. PL/2019/0222.

"The Court did not issue an order stopping Shanta Gold Kenya Limited's activities. Rather, the judgment provides guidance on the legal framework and conditions that must be observed when undertaking certain project activities," PS Kimtai stated.

He added that the prospecting licence "remains valid and in force."

The clarification comes a day after the Environment and Land Court in Siaya barred Shanta Gold from entering, prospecting, drilling, clearing vegetation, excavating or undertaking other works on private land in Ramula, Munongo and Uranga sublocations without the express consent of registered landowners.

The court's orders followed consolidated constitutional petitions challenging the proposed Ramula Mboma mining project and the manner in which the company had pursued approvals for its operations.

The court held that possession of a prospecting licence does not automatically grant a mining company the right to access or undertake activities on privately owned land without obtaining the necessary consent from registered landowners.

It further restrained the relevant mining authorities from issuing a mining licence for application number 0200 until documentary evidence of consent from all affected private landowners is provided.

The court also directed that objections lodged against the mining application be reconsidered afresh and that a framework agreement on benefit-sharing arrangements be concluded in accordance with the Constitution and the Mining Act before a mining licence is issued.

Additionally, Shanta Gold and the relevant authorities were restrained from taking steps to resettle, relocate or displace residents outside the provisions of the Mining Act.

Reacting to the judgment, PS Kimtai said the ministry respects the independence of the Judiciary and would ensure that all subsequent actions relating to the project comply with the court's directions.

"The Ministry respects the independence of the Judiciary and welcomes the Court's guidance on the legal and regulatory requirements governing activities related to the Shanta Gold project," he said.

"We are committed to fully complying with the Court's orders and ensuring that all subsequent actions are guided by the Constitution and the applicable laws of Kenya."

The Principal Secretary further assured residents of Siaya and Vihiga counties, investors and other stakeholders that the government remains committed to ensuring mining activities are conducted responsibly, transparently and within the law.