Land ownership dispute threatens Sh5.6trn rare earth mining project

A bulldozer at a niobium and rare earth project site at Kaya Mrima Hill. The announcement of a Sh5.6 trillion mineral find in Kwale County has triggered a row over land ownership. 

• Asked whether he was aware the land commission had distanced itself from the allocation and referred the matter to the county, Mr Nyamawi said NLC chairman Muhammad Swazuri was not being open.

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The announcement of a Sh5.6 trillion mineral find in Kwale County has triggered a row over land ownership.

The Kwale County government says it has no idea how the prospecting firm acquired the concession on the land claimed to be rich in rare earth metals.

The mining deal is between Canadian firm Pacific Wildcat Resources and local company Cortec Kenya.

A few days after Cortec announced it had found huge deposits of rare earth at Mrima Hill, County Assembly Speaker Sammy Ruwa Nyamawi said his government was not aware of the land tenure agreement.

Mr Nyamawi said the county government had not seen documents showing how the land was allocated.

“We don’t know whether they have a lease agreement or title deed. We are also uncertain of the size of land involved,” he said.

The Speaker said the county assumed the national government had authorised the firm to carry out its activities without its involvement. “We hope the National Land Commission can address our concerns. As the custodian of national land, it is in a better position to shed more light on the deal.”

Asked whether he was aware the land commission had distanced itself from the allocation and referred the matter to the county, Mr Nyamawi said NLC chairman Muhammad Swazuri was not being open.

“If he is not aware, then he knows who to ask for answers,” he said.

Dr Swazuri, however, said details of Cortec’s land status were unknown.

“My office is unaware, unless they were given by Kwale County, we don’t have any document to prove ownership of the land. From available documents, Cortec Kenya has not made an application for land in the Mrima Hills. They requested a licence from the Commission of Lands,” he said.

When the firm was issued with a special mining licence in Kwale in April, Commissioner of Mines and Geology Moses Masibo said Cortec had been allowed to mine but would have to meet environmental conditions set out in the special licence.

“We have granted the necessary approvals. It is now up to the leaders and residents of the area to support the company,” he said.

This was after the Cortec board invited Kwale leaders and residents to inform them of the development.

Concerns have been raised about the rush to acquire the mining licence without following legal procedures.

Kenya Forest Service deputy director Esau Omollo said he was baffled by the manner Cortec rushed to get a licence without consulting other institutions.

Cortec Kenya official Deon Alberts yesterday asked for questions to be sent by email but had not responded by the time of going to press.

Meanwhile, the NLC yesterday sternly warned land invaders.