Outcome 1: Feedback on the Sustainable Mining Action Plan 2021-2025

The artisanal miners provided positive feedback on the Taita Taveta Sustainable Mining Action Plan and the impact it will have on mining in the County and Country: notably,

• The need to expand the Gender and Occupational Health and Safety action plans; and include measures to sustain the MSDF such as resource mobilisation and wider stakeholder engagement.
• Explore the possibility of establishing mobile clinics to attend to emergencies.
• Establish gender based violence desks within mining zones.
• The importance of putting in place succession plans in organisations, and the need to encourage and mentor young people for sustainability of the industry.
• Consider DNA and Certification of Gemstones from Taita Taveta to support miners as they seek to engage in formal international gemstones markets.
• Establish partnership between the Regional Mines Office and the Ranchers to standardise requirements for mining in the ranches.
• Encourage and promote the rule of law within the ASM sector. Miners encouraged to report mining related violations to the relevant government departments: for example, gender issues are reported to the State Department for Gender.

Outcome 2: Education and Awareness on Mining Laws

We believe that a good understanding of the laws and policies and how they relate to the day to day activities of the ASMs can increase the implementation of these laws and policies. In the last two MSDF, the miners have constantly expressed the difficulties they faced when applying for and accessing mineral rights, land access and meeting environmental management requirements. To educate and raise awareness about the laws and policies governing artisanal and small-scale mining,

•  The Regional Mines Officer discussed the provisions for artisanal mining contained in the Mining Act No. 12 of 2016.
• The Ministry of Land and Physical Planning representative explained the provisions in the Land Act No. 6 of 2012 and the Community Lands Act No. 27 of 2016.
• The County Director of The National Environment Management Authority (NEMA) explaining the provisions of EMCA CAP 387 (Environmental Management and Coordination (Amendment) Act No.5 of 2015) affecting mining.
• Some key highlights from the presentations:
• The Mining Act 2016 finally recognized artisanal mining as a legal category in the mining sector. Previously, they were considered illegal players. The Act also encourages adaptation of best practice towards sustainable mining.
• The extractive industry by its very nature has a massive ecological footprint. The Government has developed legislations and regulations for managing environmental impacts: for example, Constitution of Kenya, 2010, Vision 2030, Mining Act 2016, EMCA Cap 387, and the Occupational Health and Safety Act No. 15 of 2007 (revised 2010) (OHSA, 2007).
• Strategic Environmental and Social Assessment (SESA) based on EIA/EA regulations as a safeguard to ensure sustainable conservation by identifying potential threats so that mitigation measure can be put in place and undertaken.
• Miners to report to the State Department for Mining any new minerals that they discover which are not covered in their current licence, so that the Ministry can update their mining licence to include the new mineral(s) as required by Law.
• The mining licence comes with an annex with provisions on Occupational Health and Safety Regulations, how mining is generally supposed to be conducted and conditions to be complied with by the miners.
• In the Constitution of Kenya Chapter 5 on Land and Environment, minerals are declared as public land administered by the National Government. However, it is a critical requirement for artisanal miners to get consent from land owners before they prospect and/or mine.
• The requirements for application for Artisanal Mining permits include Proof of payment, Incorporation, Registration, Environmental license, and Land owner consent. Application is to be submitted to the representative of the Director of Mines at the County. The duration of a permit is normally 1-5 Years.
• Mining permits are issued by the representative of the Director of mines digitally and also manually using form AMP2, within 60 days from the date of application under the advice of the Artisanal Mining Committee

The current Members of the Taita Taveta Artisanal Mining Committee include:

1. Hon. Mwandawiro Mghanga – CEC Member-Lands, Mining, Housing and Energy; Committee Chair
2. David I Murebu – Representative of the Director of Mines; Committee Secretary
3. Edith Kalo – Representative from NEMA
4. Job Onsomu – Representative of Inspectorate Division of the Ministry
5. Thomas K. Bosire – Representative of County Lands Board
6. Peter Goi Lutimiru – Association of Artisanal Miners Representative
7. Peris Mlamba Wangio – Association of Artisanal Miners Representative
8. Charles Kasuku Shogosho – Association of Artisanal Miners Representative

EMCA regulations related to mining include:

• Environmental Impact Assessment and Audit Regulations, 2003 (amended 2019)
• Noise and Excessive Vibrations Pollution Control Regulations, 2009
• Waste Management Regulations, 2006
• Water Quality Regulations, 2006