Mining, Land Rights, and the Climate Crisis in Kenya: Why Environmental Law Must Prevail

The Hidden Costs of Mining in Kenya: A Climate and Land Rights Perspective

Kenya’s mineral wealth is often celebrated as a driver of national development. But beneath the promise of progress lies a harsh truth: communities are being displaced, land rights are being violated, and ecosystems are being destroyed — all in the name of extractive industry.
From the coal-rich Mui Basin to the mineral sands of Kwale and Taita Taveta, mining has left deep social and environmental scars that threaten human rights and climate resilience.

Environmental Law in Kenya: What the Constitution Says

Kenya’s Constitution (2010) is among the most progressive in the world. It expressly has made provisions to protect environmental and land rights. Key provisions include:

  • Article 42: Guarantees the right to a clean and healthy environment.
  • Article 63: Recognizes the rights of communities to own and govern communal land.
  • Article 69(1): Obligates the State to ensure sustainable exploitation of natural resources.

These provisions are further reinforced by:

  • The Environmental Management and Coordination Act (EMCA).
  • The Mining Act (2016).
  • The Community Land Act.

Yet despite this legal backbone, mining continues to violate community rights and environmental protections due to poor enforcement and systemic corruption.

The Environmental Impact of Mining in Kenya

Unchecked mining activities have led to:

  • Water contamination (e.g., in titanium zones of Kwale).
  • Deforestation and loss of biodiversity in protected areas.
  • Soil degradation is affecting food security and land productivity.
  • Air pollution and health risks for nearby communities.

These impacts directly undermine Kenya’s climate goals under the Paris Agreement and the National Climate Change Action Plan (NCCAP).

Land Rights and Displacement: The Unseen Crisis

Many affected communities lack formal land titles, particularly under customary tenure systems in pastoralist and indigenous areas. This has allowed government and corporate actors to exploit legal loopholes to acquire land for mining without fair compensation or proper consultation.

Under Kenyan law and international standards such as Free, Prior, and Informed Consent (FPIC), this is a violation of fundamental rights.

Case Study: Mui Basin Coal Project – A Win for Environmental Justice

In Kitui County, the proposed coal mining project in the Mui Basin triggered widespread protests. Communities, supported by civil society and legal advocates, demanded transparency and accountability. Legal challenges based on land rights violations and lack of proper environmental assessment successfully stalled the project, showcasing how strategic litigation can work in defense of the community and climate.

Why Land Rights Matter for Climate Action in Kenya

Land is not just an economic asset — it is a climate solution. Secure land rights allow communities to:

  • Engage in climate-smart agriculture.
  • Protect forests, rangelands, and watersheds.
  • Build long-term resilience to droughts and floods.

Stripping communities of their land in favor of short-term extractive profits undermines Kenya’s climate adaptation capacity.

A Call for a Just Transition: Kenya Beyond Explorative Extractions

Kenya must begin a just transition that:

  • Phases out destructive mining practices.
  • Prioritizes community-led renewable energy projects.
  • Invests mining revenues in restoration, not more exploitation.
  • Enforces stronger implementation of environmental and land laws.

At D. Otunga & Associates, we stand with communities defending their land, their rights, and their climate future. Our team of environmental and land justice lawyers offers:

  • Legal representation in mining-related land and environmental disputes.
  • Support in land titling and community land claims under the Community Land Act.
  • Training and legal literacy for grassroots organizations and indigenous groups.
  • Environmental Impact Assessment (EIA) audit reviews and legal challenges.

📞 Contact us to schedule a legal clinic in your county or to receive support in filing a community land petition.

📧 Email: dotunga@doassociates.co.ke
🌐 Web: www.doassociates.co.ke

The Future Is Rooted in Justice

Kenya’s path forward must not sacrifice communities or ecosystems on the altar of extractive profit. Environmental law, when wielded by informed citizens and courageous advocates, is a powerful tool for resistance, restoration, and renewal.

Together, let us build a Kenya where land is sacred, the environment is protected, and justice is not just promised, but practiced.

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