Kenyan court bars Shanta Gold from Siaya land without landowners' consent

The High Court has barred Shanta Gold from entering, prospecting, drilling, clearing, excavating or undertaking any works on private land in the Ramula, Monungo and Uranga sublocations of Siaya County without the express consent of the registered landowners.

The orders followed a consolidated petition challenging the proposed Ramula Mboma mining project and the way prospecting and mining approvals were being processed. The court ruled that the express consent of registered owners is a condition precedent to the granting or exercise of prospecting and mining rights over private land.

It declared that the prospecting licence issued to the company does not authorise it to enter, prospect, drill or otherwise interfere with private land where owner consent has not been obtained, and stopped work on any parcel where the required consent is missing.

The court further ordered mining authorities not to grant a mining licence for application number 0200, covering the Ramula Mboma project, until they are satisfied through documentary evidence that every affected registered owner has consented, and directed that all other approvals under Section 36(2) of the Mining Act be secured.

Objections lodged against the application must be considered afresh, with any earlier recommendation or approval set aside. Shanta Gold and the authorities were also restrained from resettling, relocating or displacing residents of the three sublocations except in strict compliance with the Mining Act, and no licence may issue until a framework agreement on beneficiaries of the venture is in place. The respondents have six months to report on compliance.