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Chinese contractor’s quarry operations halted after villagers lodge complaint
The dispute centres on a quarry initially operated by the Chinese contractor after it won major road and bridge construction contracts across Kisii, Homabay, and Migori counties.
A court has ordered a Chinese road contractor to halt quarrying operations and blocked the launch of an asphalt plant after finding that the projects posed environmental and safety risks, such as flying rocks, to nearby residents.
The Environment and Land Court restrained China Henan International Cooperation (CHICO) Group and its Kenyan partner, Aztec Infrastructure Kenya, from continuing quarry works in the Bosinange area, Kisii County, pending the hearing of a constitutional petition lodged by 31 residents.
In a ruling that places renewed scrutiny on foreign-backed infrastructure projects, the judge said the court was persuaded that the operations threatened the community’s right to a clean and healthy environment.
The court added that the quarry operations exposed residents to dust, flying rocks and other hazards.
“It will be unfair to have the residents bombarded with dust and pollution from the quarry for the duration of this litigation. Such activities can lead to long-term health hazards, which can even lead to loss of life,” the judge said.
The dispute centres on a quarry initially operated by the Chinese contractor after it won major road and bridge construction contracts across Kisii, Homabay, and Migori counties.
It leased three land parcels in South Mugirango, Bosinange, for the purpose of operating a quarry.
However, the residents argued that the environmental impact assessment license issued for the quarry was unlawful and that the operations caused damage to homes, noise, vibrations and persistent pollution.
After quarry activities were transferred to Aztec Infrastructure Kenya Limited, the petitioners said conditions worsened.
They accused the firm of expanding stone-crushing activities and installing an asphalt plant on adjacent land without first securing the required environmental license.
The court agreed that the asphaltplant had been unlawfully established.
It said the law was explicit in stating that no development should be put up without an environmental impact assessment and approval.
The court dismissed arguments that the plant was not yet operational, stating that the breach occurred at the installation stage.
Evidence before the court showed that the National Environment Management Authority (Nema) had issued improvement and restoration orders in January 2023 after site inspections found unsecured quarry pits, dust pollution, and a lack of rehabilitation plans.
While reinforcing the court’s role in enforcing environmental safeguards where community rights are at risk, the judge noted that the respondents failed to clearly address compliance with a key improvement order issued in August 2025.
“I do not see any acknowledgment of the improvement order… yet it is a very vital issue in the case,” the court observed, adding that confirmation of compliance could only come from Nema.
The environment regulator, together with its Director General and the Kisii County Director, acknowledged complaints made by residents, particularly regarding flying rocks. They said that the asphalt plant was illegally installed.
The court found that the residents had established a strong case and demonstrated irreparable harm.
It ordered an immediate stop to all quarrying, crushing, and stone processing until Nema is satisfied that the operations are environmentally safe or until the case is determined.
The asphalt plant was also barred from commencing operations until the petition is determined, and if any operations have begun, then the same must cease forthwith pending the finalisation of the legal dispute.
