High Court bars Shanta Gold from mining in Siaya without landowners' consent
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The High Court has barred Shanta Gold from entering,
prospecting, drilling, clearing, excavating or undertaking any works on private
land in Ramula, Monungo and Uranga sublocations in Siaya County without the
express consent of the registered landowners.
The court has also stopped the mining company from proceeding
with activities on any parcel of private land where the required consent has
not been obtained under the Mining Act.
The orders follow a consolidated petition challenging the
proposed Ramula Mboma mining project and the manner in which the prospecting
and mining approvals were being processed.
The court ruled that the express consent of registered owners
is a condition precedent to the granting or exercise of prospecting and mining
rights over private land.
It declared that the prospecting licence issued to the mining
company does not give it authority to enter, prospect, drill or otherwise
interfere with private land where the consent of the registered owner has not
been obtained.
The court further ordered the relevant mining authorities not
to grant a mining licence for application number 0200 relating to the Ramula
Mboma project until they are satisfied, through documentary evidence, that the
express consent of every registered owner of private land affected by the
application has been obtained.
The authorities have also been directed to ensure that all
other approvals required under Section 36(2) of the Mining Act are obtained,
depending on the nature of the land and the people affected.
The court further directed that objections lodged against the
mining application must be considered afresh and that any recommendation or
approval made before consideration of those objections should not be acted
upon.
Shanta Gold and the relevant authorities have also been
restrained from taking steps towards the resettlement, relocation or
displacement of residents of Ramula, Monungo and Uranga except in strict
compliance with the Mining Act.
In another significant order, the court directed that no
mining licence should be granted for the project until a framework agreement on
the beneficiaries of the mining venture is put in place as required by the
Constitution and the Mining Act.
The respondents have been given six months to report to the
court on compliance with the judgment.

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