The national government has moved to enforce long-standing legal requirements compelling mining companies to fulfil community obligations in Taita Taveta County.
This follows years of operations that failed to deliver mandated benefits to local residents.
Speaking during the Kishushe Ranching Cooperative Society Limited (SGM) special general meeting held on Saturday in Kishushe, Mining Principal Secretary Harry Kimtai said the Ministry of Mining would no longer tolerate investors operating without complying with the law on community development agreements.
He warned that companies that have benefited from local resources without giving back would be compelled to pay what is owed.
Kimtai noted that the Mining Act requires any mining company to establish a Community Development Agreement Committee within six months of commencing operations.
The committee is tasked with overseeing the implementation of community benefits, including remitting one per cent of gross revenues to the host community.
“For investors who have been doing business for a long time without giving what belongs to the community, they must pay,” Kimtai said.
He disclosed that Rockland Kenya Limited, a gemstone mining company operating in Taita Taveta for several years, had written to the ministry expressing its intention to form a Community Development Agreement Committee.
While the ministry would allow the process to proceed, Kimtai said compliance would be backdated to cover the period the company has been in operation.
“The law says you shall form the community development agreement committee within six months of starting mining operations. I will implement the law,” he said.
The Principal Secretary added that Ministry officers will determine how much revenue the company has generated over the years, after which the statutory one per cent contribution will be calculated and remitted to the community.
“The one per cent belongs to the community. It is their right,” he said.
The announcement comes amid growing concerns from communities across mineral-rich regions that mining activities have often proceeded without structured benefit-sharing, leaving residents to contend with environmental degradation, dust pollution and strained infrastructure with little compensation.
Kimtai said the ministry would mediate disputes between investors and communities, emphasising the government’s responsibility to ensure lawful, transparent and mutually beneficial engagement in the mining sector.
“Whenever there is an issue between the investor and the community, the Ministry of Mining and Blue Economy will be at the forefront to ensure the matter is resolved,” he said.
The PS also pointed to infrastructure and social challenges linked to mining operations in Kishushe, acknowledging the poor state of roads leading to the mining area.
He said the roads must be upgraded to prevent dust pollution once iron ore trucks begin operating, adding that access to clean and reliable water remains a priority for the community.
Beyond enforcement, Kimtai emphasised the importance of public participation, noting that no agreement between investors and land-owning communities can be concluded without stakeholder involvement, as required by the Constitution.
Although the ministry had held consultative meetings with the Kishushe Ranch board in Nairobi, Kimtai said direct engagement with shareholders was necessary before allowing mining activities to proceed.
“This is what the Constitution states. Public participation must be done so that whatever agreement is entered into reflects the will of the people,” he said.
The Kishushe SGM followed a series of meetings between the ranch leadership, led by Chairperson Matilda Waleghwa and Secretary Wilfred Mwalimo, and the Ministry of Mining, after the society raised concerns over illegal investors operating on ranch land without shareholder consent.
During the meeting, shareholders granted Devki Group consent to proceed with iron ore mining within the ranch, clearing the way for activities previously stalled by governance and consent disputes.
Devki Group Chairman Narendra Raval said the company would comply fully with the law as it resumes operations.
He lauded the Ministry of Mining and the new Kishushe Ranch leadership for resolving disputes that had threatened to derail mining activities.
Raval said past political interference had previously hindered plans to establish a factory in Taita Taveta, forcing the industrial investment to relocate to Samburu.
He noted that the facility now directly employs about 2,800 people, jobs that could have benefitted residents of Taita Taveta.
He urged leaders and residents to avoid politicising development projects, warning that such actions ultimately disadvantage host communities by discouraging investment and job creation.
The PS later formally handed Devki back to the ranch leadership to conclude remaining agreements, including those related to employment and factory establishment.
“Guru, from now on I hand over to you to conclude the other process of starting the factory,” Kimtai said, adding, “Indeed, I am very happy that already you have granted them to employ 902 people from this area.”
The meeting was attended by Taita Taveta Governor Andrew Mwadime, Deputy Governor Christine Kilalo, Wundanyi MP Danson Mwashako, Voi MP Abdi Chome, Mwatate MP Peter Shake, area MCA Newton Kifuso, and other leaders.
By Arnold Linga Masila
