Court blocks contractor from mining gravel from community land
The construction firm won the tender to gravel the road in December 2022.
What you need to know:
- The residents accused the contractor of ignoring their complaints, in the construction of the 100 kilometres road.
- The construction firm won the tender to gravel the road, which traverses through Mandera County, in December 2022.
The Environment and Land Court has issued temporary orders blocking a contractor from excavating gravel from a community land in Mandera, pending the hearing of a petition filed by residents.
Justice John Mutungi directed Aridland Communications Ltd to stop mining the gravel from the community land, along the Rhamu-Oila-banisa Road, pending the determination of the case.
Three residents of Mandera submitted that the contactor was excavating the gravel from community land, destroying the environment and leaving behind huge gullies that pose risk to the animals and create hideouts for criminals.
“A temporary conservatory order be and is hereby issued restraining the respondents, their agents, employees or servants from any further mining or excavation of gravel or digging or trespassing on any parcel of land that is adjacent or along the Rhamu-Oila-Banisa Road pending the hearing of the application inter-partes or further orders of the court,” the judge said.
Justice Mutungi directed the case to be heard on December 4.
The residents through Adan Mohamed Noor, Abdiwahab Mohamed Omar and Abassa Sheikh Abdinoor accused the contractor and Kenya National highways Authority (KeNHA) of ignoring their complaints, in the construction of the 100 kilometres road.
The construction firm won the tender to gravel the road, which traverses through Mandera County, in December 2022.
Mr Omar said the contractor then embarked on unlawful mining of gravel on various parcels of land that are adjacent to the road.
The parcels form part of community land, which is used for grazing by the larger Degodia clan.
The mining, he said, have led to extreme environmental degradation as the construction firm allegedly cut down trees, digging of large pits that have been left unattended, thus posing risk to animals and also security threat to the residents as they become hiding places for terrorists and bandits.
Mr Omar added that the contractor has a total of 20 excavation sites along the road.
The trio said the mined gravel so far is worth approximately Sh120 million yet the community has not been engaged so as to give the contractor permission to excavate or seek compensation.
The residents said they presented a complaint to the contractor and KeNHA but nothing has happened to stop the excavation.
“The actions of the 1st respondent (contractor) and the inaction by the 2nd respondent (KeNHA) amounts to violation of the communities’ constitutional right to clean and healthy environment,” he said.
Mr Omar further said the mining was a violation of the communities’ right to property given that the parcel of land is classified as community land.
The residents will be seeking an order compelling the contractor to restore, fill and landscape to the land to its original state.
They will also be seeking a permanent injunction stopping the contractor from excavating or mining gravel from any community land and specifically the 20 excavation sites.
“The Honourable Court does assess the quantum of compensatory damages and an order be granted compelling the Respondents jointly and severally to pay compensatory damages to the communities affected by the environmental degradation occasioned by the Respondents,” Mr Omar said.
