Republic of Kenya

MINISTRY OF MINING
RESPONSE TO ALLEGATIONS

OF LACK

OF CONSULTATIONS

OVER

ISSUANCE OF EXPLORATION LICENCES APPEARING IN THE MEDIA

Our attention has been drawn to media reports appearing on page 39 today, Tuesday 29 th July,
2015, in the Star Newspaper under the heading Kwale residents fault Balala on new miner.
First, we wish to correct the wrong impression created that the Ministry does nothold
consultations counties in allocation of mining and exploration licences. The fact of the matter
is that the National Government recognises the role of counties and even the Mining Bill 2014
is currently before the Senate, which oversees issues and matters relating to counties, which
are, by itself, evidence of this involvement.
It is also a matter of concern to the ministry that false allegations to the effect that the
Ministry has licensed a mining firm, Supreme Resources Kenya are being reported as a truth.
The fact of the matter is that the Ministry of Mining has NOT issued a licence to the firm. It is
true that the firm has applied for the licence as per the legal requirements.
We wish to explain that the Ministry did in fact issue a 30 days gazette notice, and further
clarify that the Gazette was a NOTICE of intention to issue the licence and this is the legal
procedure in issuance of licences. THE GAZETTE NOTICE WAS TO INVITE FOR ANY
OBJECTIONS BEFORE THE ISSUANCE OF THE LICENCE, as per the legal process
before licences are issued.
The Ministry is therefore greatly disturbed to read in the newspaper that the residents of
Kwale have issued a seven-day notice to CS Mining to revoke a non-existing licence. We
wish to categorically state that the Ministry has NOT issued a licence to Supreme Resources
Kenya.
We are further disturbed by this seven-day notice and can only read ill-motive because the
ministry has received and acknowledged receipt of an objection from the Kwale residents
over the same issue, despite the fact that the notice was filed after expiry of the 30 days

gazette notice. The objection, filed by the Kwale residents is being verified and their lawyer
has acknowledged that the objection failed to meet the threshold of 30 days. Despite this, the
Ministry has allowed the clarification by the Company and the Consentees, and all these will
be verified and a direction will be given.
We wish to assure the residents of Kwale that the Ministry has taken note of their concerns
and assure them that we are in the process of doing major reforms in the mining sector,
including having established of a community liaison office, to be better placed to address
issues affecting communities living around and within mining areas. We as a Ministry,
respects and upholds the Sovereign power of the people as exercised at the National and
County level, as per our Constitution.
INSITUTIONALIZATION OF TRANSPARENCY AND ACCOUNTABILITY
Further, we wish to state that the Ministry upholds the National values and principles of
governance which binds all state organs, state officers, public officers and all persons,
whenever any of them, enacts, applies or interprets any law, or makes or implements public
policy decisions.

These values include among others; good governance, integrity,

TRANSPARENCY AND ACCOUNTABILITY; patriotism, national unity, sharing and

devolution of power: the RULE OF LAW, democracy and PARTICIPATION OF PEOPLE.
It is in this spirit therefore that we wish to clarify that at no time has the Ministry contravened
the existing laws as regards to the issuing of exploration licences, including as envisaged and
provided for by the Constitution.
The new Mining Bill is clear on these issues, but we will not be able to transition if we dont
allow these reforms in the sector. The Ministry wishes to state that exploration licences will
not be granted if somebody disturbs a specific area. So far, no exploration and no licence has
been issued in the affected area. Wrangles are not good for investors and attraction of
investors for exploration in this country. We want investors to have very good relations with
communities. The government is keen in bringing harmony in the mining sector.
It is notable that the ministry of mining was recently ranked as second best among all 18
government ministries in implementation of the Constitutions requirement with regard to the
right of citizens to access information held by the State and required for the exercise or
protection of any right or fundamental freedom, which negates the allegations and by
extension, implication that the Ministry has conducted its activities without the knowledge of

the communities in mining areas. We wish to clarify before issuing licences, the Ministry of
Mining issues a gazette notice and further widely publicized in national and social media for
transparency and accountability to the people, and to allow the participation and the say of all
concerned parties.
We therefore appeal to the residents of Kwale that dialogue is the way to go, to avoid the so
called minerals curse, which continues to beget many mineral endowed African countries.
We should all seek to make economic capital out of mining for the good of people.
PARTICIPATION OF PEOPLE
Finally, we wish to reiterate that the ministry of Mining is committed to the national values
with regard to participation of the people in the implementation of its mandate. Accordingly,
the Mining Bill 1014, which has already been passed by the National Assembly, and which is
currently before the Senate and expected to become Law by August this year, has addressed
the issue of stakeholder engagement and involvement. Towards this, the Ministry will be
undertaking sensitizations to equip communities in mining areas with relevant knowledge to
enable them participate and benefit from their God-given natural resources.
PUBLIC COMMUNICATIONS DIVISION
MINISTRY OF MINING
28TH JULY 2015