Kwale residents demand transparency as court extends Mrima Hills mining dispute hearing

Residents of Kwale have renewed calls for transparency over the proposed exploitation of rare earth minerals at Mrima Hills, even as the High Court deferred hearing of an application seeking to halt the project pending determination of a preliminary objection on jurisdiction.

The petitioners had sought conservatory orders to preserve the status quo, arguing that the public has not been adequately informed about plans involving the mineral-rich area.

However, the court ruled that it must first determine whether it has jurisdiction to hear the matter after the Attorney General raised a preliminary objection.

The judge directed all parties to file written submissions on the jurisdictional issue before the case is mentioned on September 16, 2026, for confirmation of compliance and further directions.

During the virtual proceedings, advocate Nicholas Kamwendwa, appearing for the petitioners, argued that Mrima Hills hosts rare earth minerals used in the manufacture of artificial intelligence hardware, missile guidance systems, electric vehicle batteries, jet engines and other advanced technologies.

Following the court session, Kamwendwa accused the government of delaying the hearing of the petition.

"The government is putting hurdles to the hearing of the case. Through the Attorney General, it has raised an objection that the court has no jurisdiction to hear the case. So the court has to decide on that issue first before it hears the merits of the case," he said.

Kamwendwa added that "the government doesn't want the public to know the truth."

The court proceedings came as residents, Kaya elders and civil society organisations met at Mrima to discuss concerns over the proposed mining project, warning that it could threaten sacred cultural sites, forests and community livelihoods if implemented without adequate consultation.

Speaking during the forum, Faki Omar, a representative of Grassroots Voices Kwale, a community-based organisation (CBO), urged the government to involve local communities before making any decisions on the project.

"The community deserves to know what is happening. People want to understand what minerals are being explored, who stands to benefit, the environmental impact and whether local residents have been properly consulted," he said.

Masoud Suleiman Mwarizo, Chairman of Kaya Mbemba, described Mrima Hills as a sacred site that has been preserved by generations of the Digo community.

"This is not just a forest. It is our place of worship and the home of our ancestors. Once it is destroyed, no amount of compensation can restore its cultural and spiritual value," he said.

Mwarizo said residents were not opposed to development but wanted the government to openly engage the community and guarantee the protection of their heritage.

"If there are minerals here, let the government tell us what it intends to do, what benefits will come to the community and how our sacred sites will be protected."

He also questioned whether local residents would benefit from the project.

"We are asking what the community will gain if this land is mined. Development should not come at the expense of our history, culture and livelihoods."

Representatives of Search for Common Ground, which organised the dialogue under its GISRA programme, said the meeting was aimed at promoting peaceful engagement between communities and stakeholders on issues surrounding natural resource governance.

Dominic Mwambui, a programme officer with Search for Common Ground, said dialogue was critical in addressing emerging disputes over natural resources.

"Our role is to create a platform where communities, government institutions and other stakeholders can engage peacefully. Through dialogue, people can better understand decisions affecting them while ensuring community concerns are heard," he said.

Mwambui said the organisation has also been working with local communities to improve access for Kaya elders to sacred forest sites for traditional prayers through engagement with relevant government agencies.

Residents at the meeting called on the government to conduct meaningful public participation before any mining activities commence and to ensure that the environmental, cultural and economic interests of local communities are safeguarded.

The dispute has brought renewed attention to the balance between exploiting Kenya's strategic mineral resources and protecting indigenous cultural heritage, environmental conservation and constitutional requirements on public participation.