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Seal loopholes in Mining Act to control wars
The government may acquire mineral rich land, such as this Fluorspar mine, using force. Photo/STEPHEN MUDIARI
Historically, mining has been an emotive subject and the discovery of minerals has caused violent and bloody conflicts pitting interested parties
Such conflicts have destroyed whole nations and indeed some countries have never enjoyed peace due to wars to control the mining zones.
A classic case scenario of the common saying “more money more problems.”
It seems the more mineral rich a country, the more the conflicts, the more the warfare.
These conflicts have even made it to the big screen. The movie Blood Diamonds was a blockbuster.
It is interesting to note that the name “blood diamond” refers to a diamond mined in a war zone and sold to finance an insurgence.
It seems that most of Africa’s diamonds are really blood diamonds.
The scenario in Kenya is not as bleak but indeed there have been media reports of violent conflicts in the Coastal region due to mining activities.
There has been a large outcry by activists who feel that large mining projects are not only harmful to the environment but also to communities due to poor compensation mechanisms.
What does the law on mining say?
It says that all unextracted minerals belong to the Government unless it has vested its interests to another person.
It is illegal to prospect for minerals without Government authority.
The Government does issue, on application, prospecting rights and the rights allow the prospector to prospect for minerals, as well as dig shafts and trenches in relation to prospecting.
The rights granted may be exclusive, meaning that the licensee is granted the sole rights of prospecting on terms as may be contained in the license.
Any minerals obtained in the course of prospecting remain the property of the Government and shall not be removed from the area where discovered.
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