‎Petition filed to stop proposed Kenya-US Mrima Hill mining deal

‎The Centre for Litigation Trust wants the High Court in Kwale County to suspend implementation of the deal, estimated to be worth Ksh.9.7 trillion, until Parliament, the county government and local communities are fully involved.

‎In a petition filed on June 22 through N.M. Kamwendwa & Co. Advocates, the organisation accuses the national government of sidelining residents and local institutions in negotiations surrounding one of the country's most valuable mineral deposits.

‎"The local community has been excluded from the decision-making process. The national government has sidelined local authorities and residents in shaping the new mining framework," petitioner Julius Ogogoh says in court papers.

‎The suit names Mining Cabinet Secretary Hassan Joho and the Attorney-General as respondents, while the Kwale County Government, Kenya Forest Service and the National Museums of Kenya have been listed as interested parties.

‎The petition stems from remarks by President William Ruto during the recent G7 Summit in France, where he disclosed that the government had launched a competitive tender process to commercialise Mrima Hill and that Kenya and the United States had finalised a preliminary agreement for development of the site.

‎However, the petitioner argues that critical details of the arrangement remain undisclosed.

‎"The contract terms, environmental impact assessments, ownership structure, benefit-sharing framework and location of the proposed facilities remain opaque and vague," the petition states.

‎According to court documents, Kaya elders, Community Forest Associations and other local stakeholders were excluded from consultations despite the project's far-reaching environmental, cultural and economic implications.

‎The lobby group further argues that the agreement cannot proceed without parliamentary approval, saying it falls under transactions contemplated under Article 71 of the Constitution.

‎"The specific contract and framework details have bypassed and sidestepped parliamentary scrutiny," the petition states.

‎The suit also raises concerns over the role of devolved governments, claiming that Kwale County was not involved in discussions despite constitutional provisions requiring participation in matters affecting local resources and benefit-sharing.

‎"There was no conscious or even feigned attempt to involve the County Government of Kwale in negotiations regarding the exploitation of these resources," the petitioner argues.

‎At the centre of the dispute is Mrima Hill, a site of immense ecological, cultural and economic significance. The area is a gazetted National Monument and a sacred Kaya forest revered by the Mijikenda and Digo communities.

‎The petitioner notes that Section 7(1)(kk) of the Mining Act prohibits mining activities within National Monuments, raising questions about the legality of the proposed venture.

‎Environmental concerns have also been cited, with campaigners warning that rare earth mining often involves the use of toxic chemicals and may generate low-level radioactive waste if not properly managed.

‎Mrima Hill is believed to hold substantial deposits of niobium and rare earth minerals. Niobium is used in jet engines, pipelines and specialised steel production, while rare earth elements such as neodymium are critical in the manufacture of electric vehicle batteries, missile guidance systems and advanced computing technologies.

‎The Centre for Litigation Trust is seeking declarations that the government violated constitutional requirements on public participation, that parliamentary approval is mandatory before implementation of the agreement, and that the Kwale County Government and local communities must be involved in any negotiations and benefit-sharing arrangements.

‎It is also seeking an order compelling the Mining CS and the Attorney-General to disclose the full terms of the Kenya-US agreement.

‎The matter has been filed before the Constitutional and Human Rights Division of the Kwale High Court.