Malindi, Kenya April 11, 2024:
On April 2, 2024, Natural Justice filed a petition at the Malindi Environment and Land Court in Kilifi County, Kenya, on behalf of the residents of Boyani . The community have petitioned the Environmental court over the adverse effects of quarrying activities conducted by China City Construction Company, who are contracted by the Kenya National Highway Authority to construct the Mombasa highway.
The petition against China City Construction Company, National Environment Management Authority (NEMA), Kenya National Highway Authority, and the Cabinet Secretary, Ministry of Mining, Blue Economy, and Maritime Affairs, challenges the ongoing quarry activities, which violate the constitution, particularly the Bill of Rights.
Background:
The China City Construction Company was contracted by the Highway Authority to construct part of the Mombasa-Mariakani highway (Kwa-Jomvu section). They obtained a license from the National Environment Management Authority (NEMA) to mine and crush rocks at a quarry in Kokotoni in Mazeras, Kilifi County, in 2016.
The company has since neglected key conditions outlined in the license meant to protect the community from the adverse effects of the mining activities. These measures include, but are not limited to, mitigating dust and vibration distribution. The community now states that the contractor failed to comply adequately and seeks court intervention to compel the company to adhere to the set compliance conditions and compensate families adversely affected by the mining activities.
Impact on Community:
Residents have reported various damage to their homes, with some of the extreme impacts of the mining including cracks running from foundations to roofs and the collapse of semi-permanent structures due to blasting. Agriculture has not been spared either; dust emissions from the rock crusher have resulted in stunted crop growth. Moreover, residents have recorded an increase in health complications, with the most affected being children. Additionally, the contractor blocked the community’s main source of water, depriving members of the Boyani community access to clean water.
Negligence of Authorities:
Despite being aware of these issues, the National Environmental Authority and Kenya National Highways Authority have failed to intervene or provide feedback on compensation or a way forward to the affected community members. The Ministry of Mining has also not taken any action on the above claims.
Legal Action by Natural Justice:
Natural Justice has taken up this case on behalf of the Boyani Community, and after extensive fact-finding efforts, has filed a petition to seek justice for the residents.
Key Concerns Raised by the Boyani Community include:
- Lack of Public Participation in the activities of the 3rd Respondent in the area.
- Noise emissions from nighttime offloading, crushing activities at night, and night transportation.
- Dust emission.
- Water pollution.
- House cracks and collapse of houses due to blasting activities.
- Flying rocks causing stones from blasting to puncture the house roofs.
- Disruption of community activities due to poorly coordinated blasting procedures.
- Smell of explosives within the atmosphere after blasting.
The Boyani Community’s struggle against the adverse impacts of quarrying activities is a testament to the urgent need for environmental and social justice. Natural Justice stands with the community in their fight for a safe and healthy environment.
Community Member, Boyani
“Right to property as important as our right to live in a clean healthy environment, May God grant us this through the rule of law, Amen!”
Notes to Editors:
For media inquiries and further information, please contact:
Salome Muiruri, Natural Justice
+254721480153
Email: salome@naturaljustice.org
