Kenya has moved to enforce long-standing legal requirements that compel mining companies to fulfil community obligations in Taita Taveta County following years of operations that failed to deliver mandated benefits to local residents.

Speaking during the Kishushe Ranching Cooperative Society Limited special general meeting (SGM) in Kishushe, Mining Principal Secretary Harry Komati said the ministry of mining would no longer tolerate investors operating without complying with the law on community development agreements. He warned that companies that have benefited from local resources without giving back would be compelled to pay what is owed.

Komati noted that the Mining Act requires any mining company to establish a Community Development Agreement Committee within six months of commencing operations. The committee is tasked with overseeing the implementation of community benefits, including remitting one per cent of gross revenues to the host community.

“For investors who have been doing business for a long time without giving what belongs to the community, they must pay,” Komati said.

He disclosed that Rockland Kenya Limited, a gemstone mining company operating in Taita Taveta for several years had written to the ministry expressing its intention to form a Community Development Agreement Committee. While the ministry would allow the process to proceed, Komati said compliance would be backdated to cover the period the company has been in operation.

“The law says you shall form the community development agreement committee within six months of starting mining operations. I will implement the law,” he said.

The principal secretary added that ministry officers will determine how much revenue the company has generated over the years, after which the statutory one per cent contribution will be calculated and remitted to the community. “The one per cent belongs to the community. It is their right,” he said.

The announcement comes amid growing concerns from communities across mineral-rich regions that mining activities have often proceeded without structured benefit-sharing, leaving communities to contend with environmental degradation, dust pollution and strained infrastructure with little compensation.

Komati said the ministry would mediate disputes between investors and communities, emphasizing the government’s responsibility to ensure lawful, transparent and mutually beneficial engagement in the mining sector.

“Whenever there is an issue between the investor and the community, the ministry of mining and blue economy will be at the forefront to ensure the matter is resolved,” he said.

The principal secretary also pointed to infrastructure and social challenges linked to mining operations in Kishushe, acknowledging the poor state of roads leading to the mining area. He said the roads must be upgraded to prevent dust pollution once iron ore trucks begin operating, adding that access to clean and reliable water remains a priority for the community.

Beyond enforcement, Komati emphasised the importance of public participation, noting that no agreement between investors and land-owning communities can be concluded without stakeholder involvement, as required by the Constitution.

Although the ministry had held consultative meetings with the Kishushe Ranch board in Nairobi, Komati said direct engagement with shareholders was necessary before allowing mining activities to proceed.

“This is what the constitution states. Public participation must be done so that whatever agreement is entered into reflects the will of the people,” he said.

The Kishushe SGM followed a series of meetings between the ranch leadership led by Chair Matilda Waleghwa and Secretary Wilfred Mwalimo, and the ministry of mining, after the society raised concerns over illegal investors operating on ranch land without shareholder consent.

During the meeting, shareholders granted Devki Group consent to proceed with iron ore mining within the ranch, clearing the way for activities previously stalled by governance and consent disputes.

Devki Group Chair Narendra Raval said the company would comply fully with the law as it resumes operations. He lauded the ministry of mining and the new Kishushe Ranch leadership for resolving disputes that had threatened to derail mining activities.

Raval said past political interference had previously hindered plans to establish a factory in Taita Taveta, forcing the industrial investment to relocate to Samburu. He noted that the facility now directly employs about 2,800 people, jobs that could have benefitted residents of Taita Taveta.

He urged leaders and residents to avoid politicizing development projects, warning that such actions ultimately disadvantage host communities by discouraging investment and job creation.

The principal secretary later formally handed Devki back to the ranch leadership to conclude remaining agreements, including those related to employment and factory establishment.

“Guru, from now I hand over to you to conclude the other process of starting the factory,” Komati said, adding, “Indeed, I am very happy that already you have agreed to employ 902 people from this area.”

The meeting was attended by Taita Taveta Governor Andrew Mwadime, Deputy Governor Christine Kilalo, Wundanyi MP Danson Mwashako, Voi MP Abdi Chome, Mwatate MP Peter Shake and area MCA Newton Kifuso, among other leaders.

• A Tell Media / KNA report / By Arnold Linga Masila