Cortec says ready to face the mining permits probe team

Cortec workers at the Mrima Hill niobium mining site in Kwale. The firm said it will appear before a taskforce reviewing revoked licences. FILE

What you need to know:

  • Cortec's mining licence for the $100 billion Mrima Hills project was among those cancelled by Mining Cabinet secretary Najib Balala.
  • Balala picks lawyer Mohamed Nyaoga to head taskforce reviewing revoked licences.
  • Cortec Mining director Jacob Juma said the firm would appear before the taskforce to protect its licence.

Cortec Mining Kenya has said it will appear before a task force named on Monday to review 43 mining licences that were cancelled last month.

The firm’s mining licence for the $100 billion Mrima Hills project was among those cancelled by Mining Cabinet secretary Najib Balala.

Cortec Mining director Jacob Juma said the firm would appear before the taskforce chaired by lawyer Mohamed Nyaoga to protect its licence, which was renewed on March 17.

“We have nothing to hide,” Mr Juma told the Business Daily.

Other members of the team that will evaluate all prospecting, exploration and mining licences issued between January and May 2013 are Caroline Armstrong, Ferhan Chaudhri, Erastus Lokaale, Elizabeth Cheptanui Rotich, Hassan Hussein and Nawaal Salim.

The team will also look into whether licensees have used their permits over the last decade or were just sitting on them for speculation purposes.

“Evaluate the status of all licenses issued between January 2003 and December 2012 with a view of determining whether they are dormant, operational or expired,” said a statement from the Mining ministry.

The taskforce will also recommend how the licences will be issued more transparently in future, including timeliness between application and issue or rejection of permits.

The ministry has already drafted a new law that is to be discussed by the Cabinet before it is taken to Parliament for debate.

“We shall have a legal framework that protects companies, the government and the people of Kenya. I know we shall have challenges but we have to do the cleanup” said Mr Balala in a statement.

He cancelled licenses issued to 43 firms between January and May 2013 which he said were suspect because they were issued during the transition between the Jubilee and the Grand Coalition government.

Cortec has contested the cancellation of its licence saying it had been approached by a third party to give Sh80 million in bribe to Mr Balala. Mr Balala has denied the allegation and said he will appear before the Ethics and Anti-Corruption Commission if called to do so.

Cortec Mining Kenya managing director David Anderson said in a letter to EACC that suspended commissioner of mines Moses Masibo had relayed the message that the firm’s licence was in jeopardy if it did not pay the Sh80 million bribe to Mr Balala.

“In the meeting Mr Moses Masibo, complained to Mr Jacob Juma that the Minister for Mining was demanding Sh80 million from Cortec Mining Company Ltd and that if the company did not honour the payment, the minister has threatened to cancel the licenses issued since 2007 for exploration of rare earth metal and niobium at Mrima Hills in Kwale Country,” says the letter.

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