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Kenia: the problems and the dissatisfaction by the macalder miners following the illegal/unlawful large scale mining operations by the foreign Chinese individuals in together with a cartel known as khalif abdi Hassan

31TH JULY 2019, OUR REFERENCE……31/07/2019/MACALDER MINES

TO; THE CABINET SECRETARY, MINISTRY OF PETROLEUM AND MINING, OFFICE OF THE CABINET SECRETARY, WORKS BUILDING, NGONG ROAD, PO, BOX, 30009-00100, NAROBI

 REF: APPEAL FOR SUPPORT TO STOP THE ILLEGAL/UNLAWFUL MINING
OPERATION BY THE FOREIGN CHINESE INDIVIDUALS IN MACALDER
OLD DEAD MINES,NYATIKE SUB-COUNTY, MIGORI COUNTY, KENYA.

 COMPLAINANTS
[1] MICHAEL OKWETO WANJIRA---CHAIR PERSON
NYATIKE MINERALS SACCO
0717226022]

[2] THOMAS MBOYA ABONGO—CATHOLIC JUSTICE AND PEACE
--HAKI MADINI FORUM
--MACALDER CATHOLIC PARISH
--0723215331

[3] DALMAS WANDIJI--PIT OWNER AND LOCAL MINER
-MACALDER OLD MINES
-0786802805

 [5] ISAYA OKOTH SURE---COMMITTEE MEMBER
-- MACALDER LOCAL MINERS ASSOCIATION
--0700563990

 [7] JOSHUA NGWALA ODERA—COMMITTEE MEMBER
--MACALDER LOCAL MINERS ASSOCIATION
--0710216592

[8] JANES OOKO ABIRI---VICE CHAIR PERSON
--NYATIKE MINERALS SACCO
--0704932274

[10] SAMWEL ODHIAMBO KAJIGA—MEMBER
--NYATIKE MINERALS SACCO
--0728892071

[11] BENTA ATIENO ABONGO—COMMITTEE MEMBER
--NYATIKE MINERALS SACCO
--0729243808

[12] ROSE OMOLLO---TREASURER
--NYATIKE MINERALS SACCO
--0701766550

 The above mentioned members of the Macalder local miners community are hereby expressing their grievances/dissatisfaction following the current mining operation by the Chinese individuals at the macalder old dead mines in Nyatike Sub-County, Migori County, Kenya.

The mining operations on going are termed as both illegal and unlawful due to the under laid reasons with reference to the Kenya mining act 2016.

The historic macalder old mines are known to be very dangerous and any use of big and complex machines can possibly result to a horrific casualty to the local artisanal miners. The mines are weak and cause more harm than good if exposed to a large scale mining operation like the ongoing right now. The work the Chinese are doing is very dangerous to the local miners and a need for an intervention is urgent.

The big trenches, holes and the valleys dug by the machines without any technical operation are very dangerous to our locals and the environment at large.

There has never been any clear understanding neither an agreement between either of the parties (the local community and the cartels) as mandated in the mining act 2016, the chapter encloses that there should be a community development agreement {CDA}, a consent seeking the mutual understanding between the investor and the local community participation before any engagement are passed.

According to this context, the Chinese individuals are illegally and unlawfully engaged in the large scale mining operation at the macalder old mines operation.
The operation is done by the foreign Chinese individuals without engaging the locals at any terms/level.

The operation is carried out by the big machines; the rocks are left hanging loose and very dangerous to lives of the local mining/miners.
It had been witnessed in the recent past (08/05/2018) six men were buried alive following such an operation by same cartel/foreign Chinese, the locals have been lamenting over and over again to both the national and county government to take action and stop such very dangerous operation which might claim more lives again.

There is not yet a clear structure in place at a community level with a capacity to handle such an engagement and therefore the community is at the brim of losing in case they involve in any agreement now.

ACCORDING TO MINING ACT 2016,
Article 69(1) (a),
“The state shall ensure the sustainable exploitation, utilization, management, conservation of the environment and the natural resources and ensure equitable share of the accruing benefits.

Article 69(1) (h)
“The state shall utilize the environment & natural resources for the benefit of the people of Kenya.”

According to the a above referred articles, there is no clear basis of any engagement of such an operation taking place in relation to the national mining act 2016.
The local community members who are the immediate beneficiaries according to the mining act 2016 have been rendered non partisan.
Despite all the efforts made by the community members, the Authorities are ever silent and far away from the mess, leaving the common man hanging without solutions to the problem.
Attached, please do find a copy of a letter dated the 14th of June 2019 believed to have been written and signed by Hon John Munyes the Cabinet Secretary (CS),Minister for petroleum and mining authorizing an individual by the name Khalif Abdi Hassan from Migori county, allowing Him to use the Macalder old dead mines TAILINGS;
It’s therefore clear that the basis of the letter in any case is genuine then it’s allowing the use of tailings and not large scale mining operations.

N/B; It is under the above raised concerns of injustices that we express our grievances on behalf of our community to both the National and County Government of Migori, all the relevant and respective arms of Government, Kenya law enforcement bodies and to the international agencies concerned to step up with speed and rescue the situation at the macalder old dead mines.

 

RECOMMENDATIONS

a) We as a community therefore would want to appeal to the Kenya National government, ministry of petroleum and mining, ministry of mining Migori County Government AND all other agencies local and international working closely with the mining sector to urgently intervene and stop all the mining operations (currently taking place in the old mines of macalder) until justice is reached.

b) We are lobbying for a support towards training our people on the awareness on human rights based on the Kenyan constitution 2010, the rights of a miner and the Kenyan mining act 2016.

c) FORMATION of an advocacy support group for the community of macalder mines.

N/B; THE WRITER IS A MEMBER OF THE CATHOLIC JUSTICE and PEACE COMMISSION (CJPC) HOMA –
BAY DIOCESE, KENYA
&

A BLOOD BROTHER TO ONE OF THE MINERS WHO PARISHED AT THE MACALDER MINES ON 8TH
MAY 2018.

 

REGARDS
THOMAS MBOYA ABONGO
CATHOLIC JUSTICE and PEACE COMMISSION, HOMA- BAY DIOCESE
KENYA
For macalder local miners
Migori county-Kenya

 

cc—Office of the NATIONALGOVERMENT PERMANENT SECRETARY ministry of petroleum and mining.

cc---The cabinet secretary ministry of mining, Migori County.

cc---Migori county government ministry of environmental and natural resources. (NEMA)

cc---Migori county government ministry mining and natural resources

cc---Area MP, Nyatike constituency.

cc---Area MCA, Macalder Kanyarwanda Ward.

cc---The DCC, Nyatike Sub County.

cc---Area OCPD Macalder Station.

cc---Area OCS, Macalder Station.

cc---The area DCIO, Nyatike.

cc---The area local provincial administration.ss