Swazuri directs company to resume mining on disputed land in Taita

NLC chairman Muhammad Swazuri (left) greets Wundanyi MP Thomas Mwadeghu during a meeting with residents at Kishushe CDF Hall on January 16, 2016. Dr Swazuri has directed that Wanjala Mining Company immediately resume excavating iron ore in Kishushe. PHOTO | LUCY MKANYIKA | NATION MEDIA GROUP

What you need to know:

  • He directed sub-county deputy administrator Emmanuel Kahindi to arrest anyone who tries to obstruct mining.
  • The company has been in a five-year dispute with Kishushe Cooperative Society.
  • The society has been demanding that the company seek consent from the ranchers as they are the lawful owners of the land.
  • But Swazuri noted that the land on which mining is taking place is public land.

The National Land Commission (NLC) has directed Wanjala Mining Company to immediately resume excavating iron ore in Kishushe, Taita-Taveta County, amid controversy over ownership of the land.

Speaking in Kishushe in Taita Sub-County, NLC chairman Muhammad Swazuri warned those who interfere with the company's operations will face the law.

Dr Swazuri directed sub-county deputy administrator Emmanuel Kahindi to arrest anyone who tries to obstruct mining of iron ore in the area.

“The mining company was lawfully given consent to mine in the area. We cannot allow anybody to violate the Constitution [due to] individual interests,” said Dr Swazuri.

The company has been in a five-year-long dispute with Kishushe Cooperative Society, which argues that ranchers are the lawful owners of the land and that the firm should seek consent from them.

OWNERSHIP TUSSLE

The tussle between the mining company, the cooperative society and locals, who claim the land belongs to the community, led to the suspension of iron ore mining in 2013 by then Mining Cabinet Secretary Najib Balala.

The society, which obtained a title deed for the land, has received backing from Mining minister Dan Kazungu, who has maintained that it should recognise the owners of the land who have the title deed.

However, Dr Swazuri seemed to blame the ministry of Mining for failing to make public a report by a task force appointed by Mr Balala.

The report had recommended that Wanjala Mining Company resume operations and the title deed, which was issued to the cooperative society in August 2015, be revoked.

“I don’t know why this report is being put under the table yet it had recommendations which would solve this wrangle,” he said.

He said the commission will initiate the revocation of the title deed when a case to determine the ownership of the land is determined by the High Court on January 27, 2017.

He noted that the land on which mining is taking place is public land.

“Mineral resources belong to the State and the law demands that citizens should benefit from these resources. The commission will not allow wrangles to continue, depriving the government and residents the benefits of these resources,” he said.