Balala defends revocation of Cortec’s licence

Mining Secretary Najib Balala has maintained that a licence awarded to a Canadian firm last year was revoked because it was invalid in law.

Through his lawyer Fred Ngatia, Mr Balala told the High Court Tuesday that Cortec Kenya was among 43 firms that had been granted licences by the Commissioner of Mines Richard Keya between January and May last year.

Mr Ngatia told the court that Cortec had not obtained approval from the National Environmental Management Authority and the Kenya Forest Service before applying for the mining license.

“The licence issued by the Commissioner should not have been issued in the first place. A revocation springing from the applicant’s non-compliance with the law cannot be termed as unreasonable as indicated by Cortec,” said Mr Ngatia.

The claim was made in a suit in which Cortec is challenging Mr Balala’s decision to revoke its licence to mine Niobium, which it was expected to start exporting in 2016.

This, according to the CS made the special licence granted to it invalid as it had not conformed to provisions of the Mining Act compelling it to acquire the two licences first.

Cortec had earlier told the court that it only needed to get the NEMA and KFS approvals after being granted the mining licence.

The firm claimed it had received a letter from NEMA and KFS to the effect that it had approved the proposed mining project, but that it would be valid for 24 months from the date it was to commence mining.

“KFS had agreed to write a letter of no objection once some conditions had been met,” Cortec said.

The firm further denied that another mining firm, Basu, had been granted a lease covering part of the land on which Cortec wanted to mine Niobium.

The hearing continues Thursday before Justice John Mutungi.