Nema liable for Siaya mine tragedy, lawyers say
Local artisans help in rescue operations at Abimbo gold mine in Bondo, Siaya County, on December 8, 2021. Eight people have so far been rescued, one has died while one is still trapped in the mine.
The Siaya government and environmental watchdog Nema could be sued for negligence in the collapse of the Abimbo mine in Bondo. They could also be sued for other human rights violations, says a legal expert.
Two weeks after the mine caved in, 35-year-old Tom Okwach is still trapped under the rubble. Besides Okwach, eight miners have been rescued and one has died. Okwach’s family still camps on-site as rescuers work to reach him.
While they have received some help from Governor Cornel Rasanga’s administration and well-wishers, his parents, Martin Sikuku and Joyce Ocholla, have repeatedly accused government agencies of abandoning them.
The first excavator was brought by one of the miners, almost an hour after the incident. Another machine, from the county government, arrived three hours later. An ambulance also arrived to evacuate survivors. But there have been gaps in how emergency response and rescue operations are coordinated.
The site is not secured, with many villagers and passers-by risking their lives walking around the pit. It was only cordoned off in the first few days, but the seal was later removed.
Operating illegally
In fact, activities around the mine have returned to normal, with only a few police officers, villagers and rescuers racing against time to reach Okwach.
The National Environment Management Authority (Nema) maintains that the mine was operating illegally and the county government has distanced itself from the activities, saying they are under the national government. But legal experts believe they should be held responsible for the accident and human rights violations.
“If the county government and Nema knew of the existence of the mines and did nothing about it, then they can be sued for negligence that has led to the miner being trapped to date,” said Mr James Mwamu, an advocate of the High Court.
The emergency response, he said, can lead to a lawsuit claiming negligence. Other human rights violations are the environmental impact of the mining operations in the area and the lack of safety for artisanal miners.
Mr Mwamu pointed out that the world over, mining is strictly regulated, with experts advising on all aspects of the activities.
“The question is, was an environmental impact assessment done in the area, and if not, who allowed the activities to proceed?” said the former president of the East African Law Society, adding that it is the government’s duty to save and protect lives.
Unforeseen glitches
Fatigue has sent many miners away from the rescue site, but the remaining ones are persistent.
Lead rescuers Nobert Aketch and Edwin Ogilo said they were 10 feet away from Mr Okwach and they expected to rescue him within 24 hours, barring unforeseen glitches.
“We have built wooden boxes that will help prevent the crumbling soil from covering the rescuers and Mr Okwach. If all goes well, we may take less than 24 hours to reach him, because we have covered more than 140 feet out of 150 feet,” Mr Aketch said.
The compressor that was pumping oxygen underground was said to have gone silent, and it was unclear whether Mr Okwach was getting oxygen through the pipes. His father performed cultural rites on-site to ensure everything ends well.
Mr Okwach’s cousin, Steve Aliwa, has asked for caution and patience. “Let us not pile pressure on the men doing the job, we may cause more harm. We are optimistic we will get him, he is 10 feet away from us,” he said.
Meanwhile, Mr Enos Ong’ong’a, the miner whose body was retrieved on December 5, will be buried at the weekend.
The compressor that was pumping oxygen to the victims underground is said to have gone silent, and it was unclear whether Mr Okwach was getting oxygen through the pipes.
Mr Okwach’s cousin, Steve Aliwa, has asked for caution and patience.
“Let us not pile pressure on the men doing the job, we may cause more harm. We are optimistic that we will get him, he is 10 feet away from us,” he said.
Cold nights
Meanwhile, the family of the trapped miner has been braving the scorching sun and cold nights hoping for a miracle, while performing cultural rites aimed at reuniting them with their son.
Mr Okwach’s father was told by miners not to go near the pit for fear that some of his actions or statements may lead to further delays in getting to his son.
Elsewhere, at the home of Enos Ong’onga, the miner who was found dead, plans are underway to bury him this weekend.
Mr Ong’onga’s body was recovered from the rubble on December 5.
Governor Rasanga announced his administration would help the affected families pay their hospital or burial bills.
