By MN Reporter

Migori High Court has ordered out of Macalder gold mines a Chinese miner after successful petition by Nyatike MP Tom Odege.

On May 31 last year, the legislator filed a petition at the Environment and Land Court in Migori after locals led violent demonstrations in Macalder mines to eject foreign miners.

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Odege sought John Munyes the Cabinet Secretary for the Ministry of Petroleum and Mining, the Director of Mines, Lijin Mining Company and Attorney General office as the first, second, third and fourth respondents respectively.

He was represented by Odongo Wandago and Company Advocates.

In the petition, the legislator wanted to know how Munyes and Director of Mines through Migori county officer Raymond Mutiso “allowed foreign nationals to undertake and operate illegal mining activities in the area to the exclusion of residents, who are being deprived of their means of livelihood.”

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He said illegal mining activities in Nyatike have been undertaken by both foreigners which has been discriminating locals.

Respondents were served in various dates in June

In replying to the petition, the first, second and fourth respondents supported the petition insisting they did not offer any permit or license to Chinese miner to extract and prospect for gold in Nyatike.

Mutiso said the miner was not licensed to operate in Nyatike area.

Aoko Ondieki and Company advocates, who represented Lijin, termed Odege as ‘busy body who seeks to create unwarranted attention and animosity between the communities.

In his order issued on January 15 this year, judge GMA Ongondo said Lijin “Is conducting gold mining activities illegally and unconstitutionally as they did not apply for and obtain mining rights in the form of either a permit or a license.”

He said the Chinese miner also failed to challenge “while merely denies the petition” and did not produce any environment impact study undertaken as required by law

The court ordered Lijin to stop any activities in Nyatike, and remove all their machinery and restore back to original status all environment destroyed by their activities before they started their illegal activities under the supervision of Nema.

The court though denied orders sought by the petitioner to have Lijin pay compensation and royalties to Kenyans for illegal gold mining activities.”