(Mandera, Kenya) – A court has temporarily blocked a contractor from mining gravel on community land in Mandera, following complaints from local residents about the environmental damage and security risks caused by the excavation. The decision came after residents filed a petition against the contractor, Aridland Communications Ltd., which was hired to gravel a 100-kilometer road in Mandera County.
The Environment and Land Court issued an order halting the contractor’s activities on community land along the Rhamu-Oila-Banisa Road. Justice John Mutungi directed the company to cease mining gravel from the land, pending a hearing of the petition filed by three residents of Mandera. The residents argued that the contractor’s excavation was causing severe environmental degradation, including the creation of deep pits that were not filled in after use. These pits, they claimed, posed dangers to livestock and created hiding places for criminals.
The petitioners, Adan Mohamed Noor, Abdiwahab Mohamed Omar, and Abassa Sheikh Abdinoor, accused the contractor of unlawful mining on several parcels of land that are part of the community’s grazing grounds. They also raised concerns that the contractor had ignored their complaints, and that the Kenya National Highways Authority (KeNHA), which awarded the road construction contract, had failed to intervene.
“The contractor has excavated gravel from approximately 20 sites along the road, causing harm to the environment and community land,” said Omar. He added that the mining activities have led to the cutting down of trees and left behind large, unattended pits that pose risks to both animals and residents. In addition to the environmental damage, the petitioners pointed out that the pits could be used by terrorists or bandits as hideouts, further compromising the security of the area.
The petitioners also noted that the mined gravel, valued at approximately Sh120 million, has not been compensated for, and the community has not been consulted about the excavation or given permission for the contractor to use the land. “We have been ignored by both the contractor and KeNHA despite raising our concerns,” Omar said. “This mining is not only a violation of our environmental rights but also our property rights, as this land is classified as community land.”
In their petition, the residents are seeking an order to compel the contractor to restore the land to its original state by filling and landscaping the pits created during the mining activities. They are also asking the court to issue a permanent injunction preventing the contractor from mining gravel from any community land, specifically the 20 excavation sites. Additionally, the residents are seeking compensatory damages for the environmental harm caused by the mining.
The court has scheduled the case for a hearing on December 4, 2024, to determine the next steps.
| Location | Issue | Date | Parties Involved | Action Taken |
|---|---|---|---|---|
| Mandera | Mining of gravel on community land | December 2022 – present | Aridland Communications Ltd., KeNHA, Mandera residents | Court orders temporary halt to mining activities |