Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedELC Petition No. 1 of 2024 (consolidated with ELC Petition No. 2 of 2024)

Ratieda Artisinal Miners Savings and Credit Co-operative Society Limited & 2 others v Amlight Resources Company Limited & 8 others; National Environmental Management Authority & 3 others (Interested Parties) (Environment and Land Petition 1 & 2 of 2024 (Consolidated)) [2026] KEELC 1676 (KLR)

Environment and Land Court of Kenya
17 March 2026
13,436 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~54 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court halted unlicensed gold mining in Siaya, ruling that invalid landowner consent and skipped public participation taint mining licences.

What this practically means

#

Executive summary

#
Two consolidated constitutional petitions were filed at the Siaya Environment and Land Court by artisanal miners' cooperatives and neighbours of land parcel Siaya/Ramba/874, alleging that the respondents were conducting unlicensed gold mining on the parcel in violation of Articles 42 and 43 of the Constitution. The suit land belonged to the late Enoka Njaga, whose estate was undergoing succession at Madiany Law Courts; the 3rd Respondent, a beneficiary, had entered a sale agreement with the respondents in January 2024 before any confirmed grant. The respondents asserted they were only doing preliminary works and later obtained mining permits and a NEMA EIA licence. The court framed six issues. First, it held the petitioners had locus standi as public interest litigants under Articles 22, 258, 70 and Section 3 of EMCA, without needing to prove personal injury or mining rights. Second, the petitions met the Anarita Karimi Njeru precision threshold. Third, evidence including cease-and-desist orders, charge sheets and photographs showed mining was ongoing without a licence; the sale agreement by the beneficiary before a confirmed grant amounted to intermeddling under Section 45 of the Law of Succession Act, was void, and could not constitute owner's consent under Section 37 of the Mining Act, tainting the subsequent licences with illegality. Fourth, only one public participation meeting was held contrary to EMCA's mandatory three, and the EIA came over a year after mining had commenced. The court declared the unlicensed mining a violation of Article 42, issued an injunction restraining all mining on the parcel, qualified to subsist until valid licences are issued, directed NEMA and the Cabinet Secretary to take measures against harmful acts, and ordered each party to bear its own costs owing to the public interest nature of the petitions.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the petitioners have locus standi to bring this suit
  2. 2.Whether the petitions have met the threshold for a constitutional petition
  3. 3.Whether the Respondent is licensed to carry out prospecting or mining activities on parcel number Siaya/Ramba/874
  4. 4.Whether there was public participation and environmental impact assessment
  5. 5.Whether the orders sought by the petitioners should issue
  6. 6.What orders commend as to costs

Key legal issues

#
01

Locus standi of the petitioners

Holding

The petitioners had locus standi as public interest litigants under Articles 22, 258 and 70 of the Constitution and Section 3 of EMCA; they need not show direct injury or mining rights

Reasoning

Applying Matemu and Joseph Leboo, the court held this was public interest litigation to protect the public from environmental degradation. The 2010 Constitution enlarged locus standi, permitting any person, association or member of a group to sue on behalf of others or the public. Article 70(3) expressly removes the requirement to demonstrate loss or injury, and Section 3 of EMCA allows suit in the public interest.

p. 42
02

Threshold for a constitutional petition

Holding

The petitions met the Anarita Karimi Njeru threshold of precision

Reasoning

Applying Anarita Karimi Njeru and the Mutunga Rules, the court found the petitions specified the constitutional provisions allegedly violated, the particulars of the infringement, the responsible persons, and the remedies sought, thus giving adequate notice to the respondents.

p. 46
03

Licensing of the mining activities

Holding

Mining was ongoing at the time of filing without a valid mining licence; the later-issued permits and licences were tainted by illegality because the underlying land sale agreement was void, and therefore unlawful

Reasoning

Section 10 of the Mining Act is mandatory. Evidence including cease-and-desist orders, charge sheets and photographs of a mining shaft showed mining was ongoing unlicensed. The sale agreement of 12 January 2024 by the 3rd Respondent, made before any grant, amounted to intermeddling under Section 45 of the Law of Succession Act, was void, and could not constitute owner's consent under Section 37 of the Mining Act; the licences derived from it could not stand.

p. 54
04

Public participation and environmental impact assessment

Holding

There was no adequate public participation; only one meeting was held contrary to Section 17 of EMCA, and the EIA process came after mining had commenced

Reasoning

Public participation is a justiciable national value under Article 10. EMCA prescribes at least three widely publicised meetings; the respondents proved only one meeting held on 14th February 2024. The EIA project report was submitted on 9th April 2025, over a year after the petition was filed in April 2024, when mining had already started, so the statutory sequence was inverted.

p. 59
05

Whether the reliefs should issue

Holding

Declarations and an injunction were merited since environmental degradation cannot be compensated in damages and the court cannot sanction an illegality, but the injunction was qualified to subsist only until valid licences are issued

Reasoning

Relying on Joseph Leboo, the court held loss to the environment is irreparable and not compensable in damages. Because the orders sought were a permanent injunction, the court tailored relief to preserve the respondents' opportunity to comply with licensing requirements and resolve the succession issues with the beneficiaries.

p. 60
06

Jurisdiction over the validity of the sale agreement

Holding

The court had jurisdiction to examine the sale agreement to the extent it was proffered as consent under Section 37(2)(1)(a) of the Mining Act

Reasoning

The respondents argued the validity of the sale was a commercial/succession matter outside this court. The court held that because the agreement was relied upon as the consent grounding the mining licence under Section 37 of the Mining Act, it was entitled to comment on its validity to that extent.

p. 54

Legal principles established

#
  • No person may search for, prospect or mine any mineral in Kenya without a permit or licence granted under the Mining Act; Section 10 is mandatory
  • Mining rights over private land cannot be granted without the express consent of the registered owner, and consent founded on an illegal sale agreement cannot ground a valid mining licence
  • A beneficiary without a confirmed grant cannot validly sell a deceased's immovable property; a later grant cannot cure prior intermeddling
  • Under Article 70(3) and Section 3 of EMCA an environmental claimant need not demonstrate personal loss or injury to have locus standi
  • EMCA requires at least three publicised public participation meetings; failure to hold them means there was no adequate public participation

Court orders

#
  1. 1.A declaration that the Respondent's unlicensed mining activities on land parcel Siaya/Ramba/874 are in violation of the Petitioners and its members' constitutional and fundamental rights to a clean and healthy environment under Article 42 of the Constitution
  2. 2.An injunction restraining the Respondents, their workers, employees, agents, servants and whomsoever acting on their instructions from mining, operating a gold mine, or continuing with any form of mining activity, extraction of gold and/or any other mineral ore, their attendant waste on and from land parcel Siaya/Ramba/874
  3. 3.That the injunction shall subsist until such a time as valid licences compliant with the law are issued to the Respondents
  4. 4.A mandatory order to the 1st and 2nd Interested Parties to take all necessary measures to prevent and/or discontinue any act or omission by the Respondents that is harmful to the environment
  5. 5.Each party shall bear its own costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 22, 258, 42, 70 of the Constitution and Section 3 of the Environmental Management and Co-ordination Act (original constitutional/environmental jurisdiction of the Environment and Land Court)
Consolidated with
ELC Petition No. 2 of 2024

Relief refused

#

Permanent injunction in the absolute terms sought

The court granted only a qualified injunction subsisting until valid licences are issued, since the respondents retain an opportunity to regularise their position

p. 60

Environmental restoration order sought by petitioners in Petition No. 2 of 2024

Not included among the orders issued in the disposition

Costs of the petition

Costs were denied on account of the public interest nature of the petitions

p. 63

Costs

Each party shall bear its own costs

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

1) A declaration that the Respondent's unlicensed mining activities on land parcel Siaya/ Ramba /874 are in violation of the Petitioners and its members' constitutional and fundamental rights to a clean and healthy environment
p. 62declaration of violation of Article 42 rights
2) An injunction hereby issues restraining the Respondents by themselves, their workers, employees, agents, servants and or whomsoever acting on their instructions from mining, operating a gold mine, or continuing with any form of mining activity, extraction of gold and / or any other mineral ore, their attendant waste on /and from land parcel Siaya / Ramba/874.
injunction against unlicensed mining
3) Provided that the orders in 2) above shall subsist until such a time as valid licences compliant with the law are issued to the Respondents.
p. 62duration and qualification of the injunction - final orders
4) A mandatory order hereby issues to the 1st and 2nd Interested Parties to take all necessary measures to prevent and / or discontinue any act or omission by the Respondents that is harmful to the environment.
p. 62mandatory order against regulators - final orders
Due to the public interest nature of the petitions herein I will order that each party shall bears its own costs.
p. 63costs - final orders
If the consent was invalid in the first place, then it was not capable of giving rise to a valid mining license. The licensing process was tainted by illegality and can therefore not stand.
p. 53illegality tainting the licensing process
an applicant does not have to demonstrate that any person has incurred loss or suffered injury.
p. 42Article 70(3) - no proof of loss required
It is trite that nothing can come out of an illegality
p. 61ex turpi causa - court cannot sanitise illegal licences

Issues in the judgment

#
minor

The 1st Interested Party states the NEMA EIA licence was issued on 19th May 2025, but the judgment later records it as issued on 9th May 2025

minor

The judgment inconsistently dates the 3rd, 8th and 9th Respondents' replying affidavit as dated 11th December, 2025 while other filings are dated December 2025 in a judgment delivered 17th March 2026 with submissions dated 2025/2026; also the judgment refers to affidavit 'dated 14th July 2025' for the 1st Respondent's replying affidavit in a petition filed April 2024, and at paragraph 132 refers to '1st, 2nd, 4th and 5th Respondents' though the 5th Respondent's case was not separately canvassed

minor

The Interested Party's affidavit is stated to have been 'Sworn by Rop J. Kipkoech' rather than by the Interested Party itself

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Ratieda Artisinal Miners Savings and Credit Co-operative Society Limited & 2 others v Amlight Resources Company Limited & 8 others; National Environmental Management Authority & 3 others (Interested Parties) (Environment and Land Petition 1 & 2 of 2024 (Consolidated)) [2026] KEELC 1676 (KLR)", Case Analysis (2026). ELC Petition No. 1 of 2024 (consolidated with ELC Petition No. 2 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1676/eng@2026-03-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.