The Nyanza Regional Mining Officer, Joshua Boiwo, has ordered closure of all mines along roads and all public utilities in Homabay County.
He has also ordered for immediate opening of the Nyaite-Nyawita roads in Kagan ward Rangwe Sub County after gold mining operators encroached on the road making it impassable.
“Respect other people’s rights,” Boiwo told the miners during sensitization on mining cum public participation meeting to find the way forward on the fate of the encroached roads.
The mining official instructed the miners not to let their businesses infringe other people’s rights as enshrined in the constitution
He said the gold mining Nyawita was allowed contrary to mining along roads which, he said, definitely affects other people’s right to movement citing children going to school as well as traders plying the route to markets.
“Mining along the road to stop immediately and we want this road to be opened immediately,” he said.
“We cannot give license to mines along the road, we cannot give license to where people draw water: We cannot give mining license to where there is public utility,” said the regional mining the officer based in Migori county and in charge of mining operations and regulations in Narok, Migori, Kisii, Nyamira and Homabay regions.
The officer said mining in Rangwe is a new development and he urged all mine operators in the area and Homabay County at large to ensure that they operate within the law and asked them to apply for small mine permits, they form cooperatives so that they are able to regulate them by issuing them with relevant permits and that they operate through the mining act cap306.
The mining has gone on for two months in the area but, according to the residents, the economic gains were huge, but which have also come with negative consequences that required quick government interventions
Last week, residents planned a demonstration against the miners move to close the road coupled with unplanned frequents mine blasts, whose vibration has affected adjacent structures while posing health dangers to people.
Pastor Harry Daniel Oluoch of Lwanda Seven Day Adventist church sought compensation for the damages caused by the blast on the church roof.
“We want everyone to do their business freely without feeling their rights have been encroached and that is why we are here. We came here in good faith so that you can continue doing your business,” Deputy County Commissioner Robert Nzuki said.
Nzuki encouraged the artisanal miners in Nyawita to get necessary permits for mining activities.
Speaking to the media after the meeting Member of County Assembly, Kagan Ward, Hamilton Odhiambo, lauded thanked the official and the National Environmental Management Authority officials for enlightening the community.
“We realize our people have not been working within the law, they have been advised to have permits so that the mining can continue,” Odhiambo said.
Homabay County NEMA Director Josial Nyandoro, the reminded the mine operators in the area that there is no legal lacuna in mining while urging them to acquire the necessary mining permits.
He said according to the Environmental Management and Co-ordination Act, no person shall commence a project without an Environmental Impact Assessment License
“No person shall do blasting or emitting off noise and excessive vibration beyond the permissible levels without a vibration permit,” he said.
By Moseti Julius
