The High Court in Kenya has barred government officials from interfering with Samruddha Resources (Kenya) Ltd, an iron ore mining company’s occupation, use of its land, mined minerals and evicting it by deploying police on the land located in Taita Taveta.
The ruling was issued by Justice Eric Ogola following an application by Samruddha Resources (Kenya) Ltd against Cabinet Secretaries for Petroleum and Mining and Interior, County Commissioner Taita Taveta and the County Police Commander.
The company says it entered into an agreement to license Kishushe Ranching Cooperative Society Ltd in 2014, for the right to enter into the 60,000-acre land and prospect, excavate, store, stack, process, transport and sell all industrial minerals mined.
Breach of the agreement
“It was an express term of the agreement that within 14 days of the lessor (Kishushe) obtaining a lease over the land, it would grant to the company a sublease of the land for 15 years from the date of issuance,” read part of the suit documents.
The license was varied by a variation agreement dated June 9, 2019, before Kishushe alleged in February, 2020 that it was in breach of the agreement. Samruddha Resources (Kenya) Ltd said it later engaged Kishushe in discussions with a view to negotiate a settlement.
In February CS for Mining wrote a letter requiring Samruddha it to show cause why its license should not be terminated allegedly on account of non-fulfilment of obligations to the community. Samruddha Resources (Kenya) Ltd says that without any prior notification and purporting to act on the CS’s allegations, security personnel invaded and trespassed on its property on May 30, 2020 to have it vacate.
Compensation
According to the company, the respondent’s conduct is arbitrary and in abuse of their powers without due regard of the fact that the dispute between it and Kishushe is private and which the court had issued interim conservatory orders.
“The respondents are trespassers onto the petitioner’s property who are intent on depriving it of its proprietary rights protected under the constitution which includes 25,000 tonnes of mined iron ore in excess of US $2 million,” said the company.
Samruddha Resources (Kenya) Ltd is seeking for a declaration that the respondents have no jurisdiction to trespass upon private property and deal with it. It is also seeking for a permanent order prohibiting the respondents from engaging in any conduct which is inconsistent with its proprietary rights and interest or treating the property as though it was public land. The company also wants compensation for unlawful interference with its proprietary rights, development of its property, use and occupation.