Firms sue Kwale governor for imposing new levy on mining

Four companies and a businessman have moved to court challenging a new levy on silica sand mining in the county.

Milly Glass Works, Shreeji Chemicals, Eastern Chemicals Industries, Anaida Investments and Mr Salim Mwahindo want parts of the Finance Act 2014 stipulating the levies declared unconstitutional.

They have sued Governor Salim Mvurya, his executive committee and the Attorney-General.

The Act sets out ways in which the county government plans to raise revenue to fund part of its budget.

The petitioners have asked the court to restrain the county from implementing the levy on mining of silica sand.

They are aggrieved that the county assembly, in enacting the law, enhanced the fee from Sh86 for a tonne to Sh700 for the same quantity.

The increase, they argue, has adversely affected their interests since they are involved in silica sand harvesting, mining and processing it as a raw material.

They have further sought an order directing the county to refund them and any other person money paid for harvesting the mineral.

They claim that before the law was published, the public was not provided with information on its proposals.

The county government should have provided them with copies of the law to allow for their participation before it was published, they argue.

The Act infringes on their rights and freedoms as it was drafted, passed and enacted without public involvement, they claim.

The High Court did not issue the orders sought but directed them to provide the county officials and the Attorney-General with the petition to enable them to file a response.

Silica sand is used in the manufacture of a wide range of items including glass, light bulbs, ceramics, and kitchenware.