When Daniel Kubasu learned that officials linked to a gold mining company had visited his 90-year-old mother in rural Kakamega, he was stunned. He had not been consulted.
Kubasu owns 80 acres of land in Isulu-Bushianga, Ikolomani Constituency, an area at the centre of a long-running gold exploration project. Despite holding a title deed, he says no company or government official has formally sought his consent for mining activities on his property.
“I am in the footprint. I just hear reports in the media and nobody has approached me,” he told the Senate Committee on Lands, Environment and Natural Resources on Tuesday.
Senators during a past special sitting at the Senate, Parliament buildings in Nairobi County.
Photo credit: Dennis Onsongo | Nation Media Group
His case mirrors a wider unease spreading through the region where residents say the discovery of gold, first reported in 2018, has brought uncertainty rather than prosperity.
What was once a quiet area known for community-driven development is now gripped by mistrust, legal disputes and fears of displacement. At least 800 families are reportedly facing relocation if a proposed underground mining project proceeds.
Another petitioner Simon Luseno who has lived in the area for 63 years says the community is not opposed to mining but to how it is being done.
“You cannot imagine that you can come and wish me off with one signature. Let us not play these games because these are people’s lives,” Mr Luseno said.
Luseno and other residents accuse the mining firm of failing to properly engage landowners and question how community representatives were selected for consultations.
They also fault the process for what they describe as a lack of transparency, arguing that critical information was first seen in newspapers rather than through formal engagement.
Kubasu, Luseno and another land owner Andrew Maleche are among three petitioners who have asked the Senate to intervene in the proposed underground mining project in Isulu-Bushianga, Kakamega County.
The project is being pursued by Shanta Gold Kenya Limited, which operates under Prospecting License PL/2019/0225. The firm has since applied for a mining licence now under review by the Ministry of Mining, Blue Economy and Maritime Affairs, following a Kenya Gazette notice dated March 4, 2026.
Documents tabled before the Senate indicate the proposed project covers privately owned land. Petitioners argue this places it outside community land frameworks and therefore requires direct individual consent from landowners.
The petitioners warn that “the entry of Shanta Gold Kenya Limited will not only give them exclusive gold mining rights but also threaten the economic livelihoods of many locals, in addition to the projected loss of property.”
Petitioners say the Environmental Impact Assessment (EIA) report submitted to the National Environment Management Authority (Nema) has not been fully disclosed to the public, with key annexures reportedly part of a 900-page document missing from public access.
“They talk about 2020. How long has this company been prospecting? How long should a company after buying another should be prospecting. Is it circumventing the law. It renewed licence in 2020, further renewed it in 2025. Why a prospecting license in 2025 when they had applied for mining license in 2025,” the petitioners state.
Kakamega Senator Boni Khalwale dismissed eviction of locals saying he would not allow greedy leaders to take advantage of Ikolomani people.
Photo credit: Isaac Wale | Nation Media Group
Lawmakers noted that 27 annexures were not available on Nema’s website, raising concerns about whether communities were given full information to participate meaningfully.
Senators also questioned why members of the public were required to physically access reports in Nairobi and Kakamega, limiting broader participation.
Senator Catherine Mumma told the committee that what was presented as public participation appeared closer to selective consultations than an open process.
But Shanta Gold Kenya Limited, formerly Acacia Exploration (Kenya) Limited, rejects claims of exclusion. The company says it engaged communities through chiefs’ barazas, radio announcements, public notices and stakeholder meetings.
Officials also argue that gold was first discovered in 2018 under previous exploration, but that additional drilling was necessary to determine whether the deposits were commercially viable.
“Out of 100 ventures, only one becomes viable,” the company’s legal advisor Washington Onyango told the senators, adding that both technical and social factors guide mining decisions.
While earlier reports suggested up to 800 families could be affected, the company maintains that about 180 households fall within the immediate project footprint.
Compensation for prospecting activities reportedly ranges between Sh90,000 and Sh120,000 for a two-week period depending on land use and development status.
Shanta Gold says most affected residents have consented to engagement processes but claims some participants have faced intimidation after meetings.
“People who have signed start getting threats. They are visited at night,” a Mr Onyango said said.
Senators, however, concluded that while mining may not be opposed in principle, the process has exposed deep gaps in trust, transparency, and consultation.
