Mining Bill

Taita Taveta University College, in conjunction with Coast Development Authority (CDA) and Members of Parliament of Taita Taveta County organized a workshop to discuss the draft Mining and Minerals Bill. The one-day workshop was held on 19th August, 2011,at the Taita Taveta University College and was officially opened by the Principal, Prof. Hamadi Boga.

The theme of the workshop was: “Are the interests of small-scale miners and communities living in mineral-rich The theme of the workshop was: “Are the interests of small-scale miners and communities living in mineral-rich areas adequately addressed in the draft bill in respect of royalties, corporate social responsibility, protection of the environment, and the establishment of a mining authority mandated to extend credit facilities?”

Important stake-holders in the counties in the Coast region attended and contributed greatly at the workshop. These included members of parliament, councilors and professionals from the Greater Coast Region as well as small scale miners and community representatives. In total, over 150 stakeholders attended the workshop.

The Commission of Mines and Geology, represented by Mr. Edward Omito, District Geologist in charge of Taita-Taveta County, gave a keynote overview of the Draft Policy and Bill. Another keynote address was delivered on provisions in the new constitution dealing with land and mineral issues, such as ownership. Group discussions on the various parts of the bill came up with recommendations to be forwarded by the area Member of Parliament to the Task Force entrusted with finalizing the bill for tabling in Parliament.

Recommendations were made on various parts of the bill as follows:

PART V – Mineral Rights

Section 107: The term of the Mining License should be 10 years, renewable

Section 111: The term of renewal should be 5 years.

A provision should be included to limit the number of times mineral rights can be transferred to curb speculation.

County Governments should issue consents before any license is issued by the Commissioner.Licenses which were issued under suspicious circumstances should be investigated and if found illegal, they should be cancelled.

PART VIII – Dealings in Minerals

Section 129: dealers Licenses should be for 12 months duration and not expire in December.

PART XII – Monitoring, Compliance and Enforcement

Section 165: The provision that a police officer can arrest anyone on suspicion of committing an offence under the Act without an arrest warrant seems to be contrary to the constitution.

General Recommendations

Government should carry out detailed mineral exploration for the whole country so that small scale miners do not waste time in prospecting.

Section 8: A person, who finds a mineral on his shamba, or anywhere else, should be left to sell it and keep the proceeds unless it is proven that the mineral was acquired illegally.

Provision should be included in the Bill to ensure that beneficiation is carried out at source or within the country in order to present local community with job opportunities.