Ministry claims Cortec’s Kwale mining licence issued illegally

Politics and policy

President Mwai Kibaki lays a foundation stone for Konza Techno City in Machakos County on January 23, 2013, during the ground breaking ceremony. FILE PHOTO/BILLY MUTAI   NATION MEDAI GROUP

By THOMAS KARIUKI

In Summary

• The land, which is rich in niobium and rare earths, lies in Mrima, Nguluku, Kiriku and Nzombo areas and according to Mining PS no mining rights have been issued to Cortec despite claims of licensing by the defunct council.

The government has accused the defunct County Council of Kwale of approving mining in a forest where the activity was outlawed.

 

Mining principal secretary Richard Ekai said the defunct county council had no authority to issue prospecting or mining rights.

The land, which is rich in niobium and rare earths and measures approximately 280 acres, is the subject of a court case pitting two mining companies – Basu Mining and Cortec Mining – against each other.

It lies in Mrima, Nguluku, Kiriku and Nzombo areas and according to Mr Ekai no mining rights have been issued to Cortec despite claims of licensing by the defunct council.

Dr Ekai said in an affidavit that Mrima Hills is a gazetted forest as well as a natural reserve and that the relevant government agencies have to give their consent for prospecting.

Basu Mining has accused the Commissioner of Mining and Geology of transferring its licence – signed for a 33-year lease – to Cortec Mining on land the defunct civic authority was dispossessed of in 2008 by the forestry department.

Cortec, on the other hand, alleges that the documentation Basu had was acquired fraudulently as they had acquired exclusive rights to do mining in 2007.

Cortec lawyer Nelson Havi said the firm obtained approval from the National Environment Management Authority (Nema) to mine at a cost of Sh13 million. It also said it was given the go-ahead by the Kenya Forestry Service and the Kwale council.

But Nema has denied allowing the company to prospect and mine in the hills. Taib Ali Taib, counsel for Basu Mining, claimed the permit granted to Cortec was issued illegally since it was given during the electioneering period when there was no political oversight on what was happening in different ministries.

READ: Probe team reveals mining licences were awarded illegally

Justice John Mutungi enjoined the county council, which has been mentioned severally in the suit as “the author of the mix-up that has befallen the two mining companies”.

The judge also ordered all the parties to file their submissions within 30 days failure to which the timeline will not be extended. The case will be heard on September 16 and 18.

READ: Panel of judges to preside over Cortec case