CS Joho criticised for granting mineral license without public participation

Mining Cabinet Secretary Hassan Joho is facing scrutiny for allegedly granting a prospecting license for niobium and rare earth minerals in Kwale to a foreign firm without engaging locals.

Former Cabinet Minister Charau Ali Mwakwere said the government did not conduct public participation before issuing the license, as dictated by the constitution.

He said that the legal, constitutional, environmental, social, economic, and cultural concerns of the residents of Mrima Hills should be addressed before the project starts to avoid conflicts.

Mwakwere stated that the land referenced in gazette notice number 3130, dated 6 March of this year and issued by Joho, is currently being utilised for agricultural activities, settlement, and cultural practices.

He said that granting the prospecting license over such land without consent would be a blatant violation of community land rights under Article 63 of the Constitution.

He said his objection letter is dated March 25 this year. Mwakwere said the objection includes communities residing within and adjacent to the area described in the gazette notice number 3130.

“There has been no evidence of public barazas, disclosure of project scope, or free, prior, and informed consent (FPIC).

“The application was published without prior engagement with affected communities; consequently, the absence of FPIC contravenes article 10 (public participation) of the Constitution 2010 and the principles of fair administrative action,” he stated.

In the notice, Joho said he had received an application for a prospecting license from Altona Mining Limited.

“Pursuant to section 34 of the Mining Act, the Cabinet Secretary for Mining, Blue Economy and Maritime Affairs notifies receipt of an application for a prospecting license from Altona Mining Ltd, whose details are set out in the Schedule hereto,” Joho stated.

He said the application details were in the Ministry portal and were opened to the public for comments for 21 days from the date of this notice.

But Mwakwere noted that the proposed prospecting area intersects water systems, agricultural land, and ecologically sensitive zones.

Mwakwere said there was no Environmental and Social Impact Assessment (ESIA) disclosed at this stage, adding that failure to demonstrate environmental safeguards was a matter of grave concern.

He noted that granting a license without safeguards would expose the area to land degradation, water contamination, and long-term ecological harm.

“No information has been provided regarding project mineral output, expected royalties, and benefit-sharing arrangements. This lack of transparency and benefit disclosure denies the host community the ability to assess whether the project is in their economic interest,” he said.

He added, “The proposed license forms part of a broader pattern of mineral prospecting with Kwale County, including areas around the globally sought niobium and rare earth minerals at and around Mrima Hill. " The cumulative effect of multiple licenses risks transforming the region into a continuous mining zone. This would obviously overwhelm local ecosystems and communities.”

Mwakwere called for a strategic and social assessment at the regional level, not piecemeal approvals.

According to Mwakwere, the coordinates in gazette notice number 3130 encompass areas that include human settlement, farmland, and cultural and heritage sites, including environmentally sensitive areas.

“Failure to formally identify and protect these areas renders the application legally and ethically defective. There should be adequate protection of settlements and cultural sites,” he noted.

He noted that under the Mining Act 2016, the CS is required to consider such an objection to ensure the rights of communities are protected, environmental sustainability is upheld, and public interest is served.

“Granting the license without addressing the issues raised herein would violate constitutional protection, expose communities to harm, and undermine public confidence in mineral governance,” he noted.

He therefore called for the refusal or suspension of the application pending full compliance with legal and constitutional requirements.

The objection letter was also copied to the Attorney General, National Land Commission, National Environment Management Authority, Kwale County Government, and Umwenga Wehu (M9) chairman.