The Ministry of Mining, Blue Economy and Maritime Affairs says Shanta Gold Kenya Limited's prospecting licence in Siaya and Vihiga counties remains valid, days after a court ruling that many residents saw as a major blow to the company's gold project.

In a statement, Mining Principal Secretary Harry Kimtai said the Environment and Land Court in Siaya, which delivered its judgment on October 29, did not cancel, suspend or revoke Prospecting Licence No. PL/2019/0222.

"The Court did not issue an order stopping Shanta Gold Kenya Limited's activities," Kimtai said, according to Citizen Digital. He added that the licence "remains valid and in force", but stressed that all work on the project must follow the conditions set out in the judgment.

What the court ordered

The ruling came in consolidated constitutional petitions filed by residents opposed to the proposed Ramula gold mining project. The court:

  • Barred Shanta Gold from entering, prospecting, drilling, clearing vegetation or excavating on private land in Ramula, Munongo and Uranga sub-locations without the express consent of registered landowners.
  • Directed mining authorities not to grant a mining licence for the company's pending application until documented consent from all affected private landowners is provided.
  • Ordered that a benefit-sharing framework agreement be concluded before any mining licence is issued, and that residents' objections be reconsidered.
  • Issued a conservatory order against involuntary resettlement, forced relocation or displacement of residents.

Some reports of the judgment said the court also found flaws in how the 2019 prospecting licence was issued. The ministry's statement did not address that point directly.

Ministry promises compliance

Kimtai said the government respects the independence of the Judiciary and will implement the court's directions.

"The Ministry remains committed to ensuring that all mining activities are undertaken responsibly, transparently and in full compliance with the law, while safeguarding the rights and interests of affected communities," he said, as quoted by The Star.

The ministry assured residents, investors and other stakeholders that its next steps on the project would be guided by the law.

High stakes for Siaya and the mining push

The Ramula project is part of Shanta Gold's West Kenya exploration, one of the most advanced gold ventures in the country, and the government has been courting mining investors as it seeks to grow the sector's share of the economy.

For residents of Ramula and neighbouring villages, the judgment gives landowners a direct say over whether exploration can take place on their farms, and means the project cannot move to actual mining until a deal on how benefits will be shared is reached.

The clarification is likely to shape the next round of talks between the company, the ministry and landowners, some of whom have said they fear losing their land without fair compensation.

Photos: Citizen Digital; The Star. Thumbnail design: HAMASTA MEDIA.