Kenya Human Rights Commission plans to move to court to compel the government to regulate the old gold and copper mines at Macalder hills in Nyatike subcounty.
Furaha Charo, programs advisor at KHRC said they have already contacted a law firm that will sue officers and departments in the county and national government to avert deaths and environmental crimes at the mines.
“No action has been taken by authorities for both individuals and companies that have been behind deaths and environment crimes in the Macalder gold mines area, we will reverse this trend,” Charo said.
She said despite the Mining Act being passed in 2016 with several amendments, the government has refused to offer artisanal gold miners in Nyatike and across the county licenses which has exposed them to deaths.
“We will put to task the government to explain why enforcement has been slow. We will take legal action and seek out of court settlements,” Charo said.
She spoke on Friday at the mines during a visit days after two gold miners died when mine walls caved in on October 21 and crushed them to death.
Miners said the two were among a group of eight who were prospecting at a site left by a company controlled by Chinese and senior Migori county government officials.
“We have borne the ugly scars and death at the mines with our elected leaders and criminals taking advantage of our plight despite deaths,” Isaiah Okoth said.
Okoth is the chairperson of Nyakaresi, a community-based organization that champions the rights of artisanal miners.
Daudi Ogenga Pit Owners Association chairman said they have tried to move to court to seek redress over the mines but getting them affected has been hard.
“The land was left by colonialists to the government shortly after independence, it was moved to county government and because the government has refused to license artisanal miners it has been a centre for criminals,” Ogenga said.
Ogenga and Okoth said through the Nyatike Mineral Marketing Co-operative Society they filed a petition in the Environment and Lands Court, Migori High Court and sued the Ministry of Petroleum and Mining CS, Director of Mines and Geology.
Other people sued were Khalif Abdi Hassan, Nuo Kenya Company Limited, Ready Consultancy Company Limited and Attorney General.
Orders were given against the invasion of public land by the respondents, non-payment of royalties, Illegal process of licences and land degradation.
Nyatike MP Tom Odege moved to court and sued Petroleum and Mining CS, director of mines Lijin Mining Company and AG where he got orders to stop the mines.
The orders are yet to be affected as mining has been going on in the area.
Edited by Kiilu Damaris
