Nairobi — The Kenya Human Rights Commission (KHRC) has called on the National Environment Management Authority (NEMA) to immediately suspend the Environmental and Social Impact Assessment (ESIA) process for the proposed Ikolomani Gold Mine by Shanta Gold following a violent public participation session on December 4.
KHRC said the forum, intended as a lawful civic engagement, "degenerated into intimidation, chaos, and impunity targeting citizens whose only intention was to demand respect for their rights and freedoms."
The commission expressed alarm over reports of deaths, injuries, and arbitrary arrests, describing the incident as part of a broader trend in Kenya's extractive sector, where communities advocating for accountability are often met with force and procedural manipulation.
"The sovereignty of the people applies in all spheres of governance, including natural resources," KHRC stated.
Keep up with the latest headlines on WhatsApp | LinkedIn
"Decisions on extractive projects cannot lawfully or morally proceed without Free, Prior, and Informed Consent (FPIC) from the communities directly affected."
KHRC also criticized NEMA for failing to ensure a transparent and secure public participation process.
The commission demanded that the agency suspends the ESIA approval for the Ikolomani Gold Mine, facilitate a fresh, inclusive, and independently monitored public participation forum and publicly explains its failure to address objections raised by residents.
"Public participation is a constitutional right under Articles 10, 35, 42, 69, and 70 of the Constitution," KHRC noted.
"The violent disruption of the forum and the reported arrests represent a gross violation of the rights to life, dignity, and peaceful assembly."
Local Artisanal and Small-Scale Miners (ASM) have also raised concerns, fearing displacement and criminalization of their livelihoods.
"ASM supports thousands of families in Kakamega," KHRC said. "Their rights must be protected and integrated into any development plans."
Residents around the proposed mine expressed fears of forced evictions, loss of ancestral land, and disruption of cultural and social systems. KHRC called for a comprehensive resettlement and compensation framework anchored in human rights.
Mining Cabinet Secretary Hassan Joho had previously assured residents that 10pc of royalty proceeds from the Shanta Gold project, valued at Ksh680 billion, would directly benefit the community through development projects prioritized by residents themselves.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
"There are two ways this can go: either the landowners lease their land to the company or negotiate for an outright purchase. Then the larger community will enter into an agreement with the investor," Joho explained, detailing how the benefit-sharing model will operate through elected community representatives formally recognized by the government.
However, KHRC maintained that genuine community consent and protection of rights must precede any mining operations.
The commission also highlighted similar issues at Ramula, Siaya County, and Mwibona, Vihiga County, where Shanta Gold's activities have reportedly faced community opposition and procedural flaws.
