The Ministry of Mining has not developed sufficient measures to monitor artisanal mining operations in the country, audit findings have revealed, amid exploitation by middlemen and missed revenues by government.
The Performance Audit Report on Monitoring of Artisanal Mining Operations, by Auditor General Auditor General Nancy Gathungu, has revealed the critical process of formation and operationalising Artisanal Mining Committees, mapping and delineation of land are yet to be finalized, about six years since the enactment of the Mining Act 2016.
Artisanal mining is done in small-scale using traditional or customary ways and means.
According to a 2018 study on the economic contribution of artisanal and small-scale mining in Kenya, about 140,000 people were directly engaged in in artisanal and small-scale mining activities, while about 800,000 were dependent on it.
Despite the importance of artisanal mining in generating income for low-income groups, there have been reports of health, safety and environmental concerns surrounding it.
These include incidences of fatal accidents in various mining sites, particularly where gold and gemstone are mined and the use of mercury in gold mining processes.
The Mining Act, 2016 and its applicable regulations provide for the formalisation and regulation of artisanal mining, in a move aimed at mainstreaming and better monitoring of the sub-sector.
The ministry is tasked with the responsibility of monitoring artisanal mining activities.
The Auditor General’s office conducted the audit after taking into consideration a number of factors including deliberations in Parliament on health and safety concerns and the significance of the sub-sector in job creation and economic development of communities living in mining areas.
In addition, the mining sector is regarded as one of the key pillars of economic growth and its contribution to the GDP was expected to increase from 0.1 per cent in the year 2013, to 10 per cent by the year 2030.
The objective of the audit was to assess the measures put in place by the Mining Ministry to enhance the monitoring of artisanal mining operations.
It also looked at how resources were planned and allocated to enhance monitoring, and the health, safety and environment concerns faced by miners and the community.
Seven out of 18 regions covered by the ministry were sampled. They were Kakamega, Migori, Kisumu, Kitui, Taita Taveta, Eldoret and Mombasa counties.
A review of documents and interviews with relevant ministry officials revealed that there were challenges in monitoring artisanal mining operations.
This was due to delays in the full implementation of regulatory provisions on artisanal mining, as well as inadequate planning and allocation of resources.
There have been delays in the establishment and operationalising Artisanal Mining Committees.
According to the Mining Act, the committees should be established in every county, with the role of advising the representative of the Director of Mines in granting, renewal or revocation of artisanal mining permits.
The ministry’s Strategic Plan for the period 2018-2022 indicates that 23 committees were to be established within the five years period.
However, the audit revealed that only nine had been gazetted.
These were Migori, Kakamega, Vihiga, Siaya, Taita Taveta, Kitui, Turkana, Kisii and Narok artisanal mining committees.
“Further, there was no evidence of efforts made by the ministry to follow up on the formation of the committees by way of correspondence with the affected institutions,” Gathungu says in the report.
The already gazetted committees were also yet to commence operations, mainly as a result of lack of budgetary allocations.
This meant no issuance of permits could not take place. There has also been delays in the mapping and delineation of land for artisanal mining.
Out of the seven regions sampled, mapping had only commenced in Kakamega and Migori.
“There is a risk continued delays in the issuance of artisanal mining permits if the ministry doers not delineate zones and regions where artisanal miners casn operate from,” Gathungu notes.
The ministry is also lagging behind with training of artisanal miners, with inadequate funding for monitoring mining operations also a major concern.
The audit further revealed the ministry did not have a clear mechanism for field officers’ supervision and reporting.
A review of documents and interviews revealed that there were also frequent accidents in mines, especially in gold mining regions, a trend that continues to date.
These were mainly due to the collapse of poorly constructed shafts, suffocation due to lack of oxygen in the shafts and drowning.
For the period 2016/17 to 2021/22, there were a total of 60 deaths reported; 27 in Kakamega, 15 in Migori, 15 in Kisumu and three in Taita Taveta.
The ministry should fast track the formalisation and regulation of artisanal mining operations and ensure that miners are issued with permits, the Auditor General recommends.