Mining disputes expose deep-seated rot in sector

A legal threat by Archers Post Investments Limited against the Ministry of Mining has once again exposed deep-rooted problems in the extractive sector.

Investors, communities and government agencies are increasingly embroiled in complex disputes over mining licences, land ownership, and mineral rights, which threaten to derail the industry’s potential.

Archers Post Investments has issued a seven-day ultimatum to the ministry, demanding the immediate issuance of a licence for prospecting manganese in Samburu County.

Failure to comply, the firm warns, will result in court action over what it terms unlawful delays and administrative inaction.

The dispute in Samburu is a tip of the iceberg.

Mining Cabinet Secretary Hassan Joho’s tours in mineral-rich areas and promises to streamline the industry appear to have fallen short as allegations of systematic graft continue to plague the industry.

Beyond this specific legal battle lies a much wider crisis affecting Kenya’s mining industry. Communities and investors say the industry is increasingly plagued by overlapping licences, opaque approval processes and contested community consent.

Four months ago, some leaders in Kwale walked out of a meeting convened by Joho to discuss the Mrima Hill mineral project.

The leaders accused Joho and the ministry of hawking the licence to extract rare earth elements and niobium, valued at an estimated Sh8 trillion, to foreigners without proper consultation with locals.

In Samburu, a demand letter dated May 14, 2026, Archers Post Investments Limited, through MK & Co. Advocates, accused the ministry of failing to act on application No. PL/2025/0616.

This inaction comes despite the Mineral Rights Board (MRB) reportedly issuing a favourable recommendation following comprehensive investigations conducted last year.

This dispute highlights growing frustration among investors who view Kenya’s mining approval system as unpredictable and vulnerable to political interference.

Communities in mineral-rich areas tell an equally troubling story.

In Kitui County, members of the Mithikwani Self-Help Group say they have spent more than eight years pursuing mining rights for copper deposits discovered on community land.

The group claims it followed legal procedures through the Mining Cadastre Portal and secured approvals from the National Environment Management Authority (NEMA).

However, their efforts have been thwarted, as sections of the same land later attracted competing claims associated with other firms, including interests linked to Chinese-backed entities and multinational mining companies – Zhen Hua and Shan Zhang.

In Taita Taveta, residents of Oza Ranch express similar frustrations that have persisted since 2016. That year, Pacific Industrial Company sought community consent to prospect for minerals on the ranch land.

Residents say they approved the request, believing exploration could create jobs and income. However, locals claim the company later scaled down operations, leaving the land tied up in licensing disputes and administrative restrictions.

In Kishushe Ranch, tensions over iron ore deposits have escalated amid competing claims involving major industrial players and disputes over whether valid community consent was obtained.

While Devki Steel Mills insists it secured consent in accordance with the Mining Act, sections of ranch leadership dispute the legitimacy of the approval process.