Republic of Kenya

Ministry of Mining
STATEMENT BY HON. NAJIB BALALA, EGH., MINING CABINET
SECRETARY DURING LAUNCH OF THE TASK FORCE ON REVIEW OF
VARIOUS CONCERNS BY RESIDENTS OF KIMWARER AREA, ELGEYO
MARAKWET COUNTY IN RELATION TO FLOURSPAR MINING

Members of the Press,

Welcome to the Ministry of Mining.
The Jubilee Government establishment the Ministry of Mining in 2013 as a clear
statement of the Governments commitment to ensure the country benefits from its
mineral resources. Already, the country has begun to realise tangible benefits from
this. As recently evidenced in the 2015 Economic Survey report, this industry has
grown by more than 13%. The industrys contribution towards revenue generation
for the country has grown tremendously and is currently standing at a massive .2
billion shillings up from 21 million in 2012. As a result of this renewed growth,
this industry is more robust than before and hence many issues around the industry
will be coming up.
The Ministry has taken the interest of all stakeholders in the Mining industry, and
especially the communities living in mining areas, with the seriousness it deserves.
Kenyas mining wealth must benefit our people. This wealth belongs to all
Kenyans, today, and, for our future generations.
Ladies and Gentlemen,

The Government has embarked on the process of putting in place the necessary
legal, policy and institutional framework to enable the Government deliver on the
mandate of the Ministry, and to ensure that the extractives industry contribute to
the national development for the benefit of our people.
In this regard, various stakeholders have sought to engage the ministry to address
their concerns, arising from current issues, as well as historical injustices. We are
all alive to the so called mineral curse in Africa.
Ladies and Gentlemen
Recently, various communities have presented their concerns to the Ministry,
among them the Kimwarer Community from Elgeyo Marakwet County with
concerns regarding the Flourspar mining. These concerns of mining communities
are of paramount concern to Government. The ministry has therefore been open to
consultations with these communities.
We have further established a Community Liaison Division to institutionalize
mechanisms for addressing community issues in a more proactive manner. As you
may be aware, the extractive sector has been operating under laws enacted in the
1940s, which the current Mining Bill 2014, which is currently before the Senate,
seeks to redress. In the meant time, the Ministry has responded to concerns of
communities in mining areas in an expeditious manner.
Accordingly, in response to the concerns raised by the Kimwarer Community, the
Ministry engaged the areas political leadership, the Flourspar Mining Company as
well as the members of the Community through the representatives of their
Community Trust. A number of meetings were held with these communities and a
way forward deliberated on in order to facilitate and foster positive and beneficial
relations and co-existence.
Today, I hereby appoint a Taskforce to address various concerns by residents of
Kimwarer area, Elgeyo Marakwet County in relation to Flourspar mining.
The Task Force will begin activities effective from today, Monday, May 11th 2015
for a period of 90 days. The Task Force report is due to the Cabinet Secretary for

Mining on or before 10th August, 2015. The Chairman of this Taskforce is Mr. Paul
Otieno Nyamondi.
MANDATE
The mandate of the Task Force is to;
Conduct a comprehensive review of the license area under which Kenya
Flourspar company operates,
Investigate claims by the locals on unfair treatment by the company,
Investigate circumstances under which compensation alleged funds were
diverted to other uses by past and present administrators and politicians,
Explore ways of compensating the residents for their deprived land,
Advice the government on alternative ways of sorting out the injustice and
To provide a written report of its findings to the Cabinet Secretary with clear
matrix on recommended actions and estimated costs.
TERMS OF REFERENCE
1. To conduct desk research into circumstances that led to commencement of
mining operations in Kimwarer;
2. To conduct field research in the area with a view of establishing concerns by
locals in relation to flourspar mining in the area
3. To establish the exact number of households and the extent to which owners
of land (9,070 Acres) where the operations were set were compensated for
their land;

4. To establish the number of households that were directly affected by way of

deprivation of land by the commencement of mining and processing
operations;
5. To establish the economic and social benefits of the flourspar operations vis
a vis the negative effects (if any) of the mining operations;
6. To establish the wishes of the people on the ground on how to resolve the
constant friction with the company operating in the area;
7. To recommend ways of correcting historical injustices meted on the people
(if any) pursuant to relevant laws on community and private ownership of
property;
8. To present a written report to the Cabinet Secretary for Mining within 90
days of this appointment with clear recommendations, matrix of timelines
and approximate cost for the recommended approach/approaches; And
9. Any other function as may be directed by the Cabinet Secretary in writing.

MEMBERS
1. Mr. Paul Otieno Nyamondi
2. Dr. Alice Kaudia

Chairperson
Member, Ministry of Environment

and Natural resources

3. Dr. Herbert Musoga
4. Ms. Samantha Argwings-Kodhek-

Member, National Land Commission

Member, Commission on

Administrative Justice
5. Luka Kipkemboi Sawe
6. Richard Ruto Kuriui
7. Philimon T. Cheruiyot
8. David Kipruto Saurei
9. Catheriana J. Chirchir
10.Ebrahim Lithome
11.Raymond Mutiso

Member (Kimwarer Community )

Member (Kimwarer Community )
Member (Kimwarer Community )
Member ( Kimwarer Community )
Member (Kimwarer Community )
Joint Secretary
Joint Secretary

Thank You All.