Families living around Base Titanium mining plant in Kwale County want Base Titanium to relocate them to a different place to avoid further health complications from the mining plant.
24 households have filed a petition in Mombasa High Court seeking to stop the mining process over health complications caused by the plant until they are relocated to a different place.
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14 families of Nguluku and Nora villages in Kwale County want Justice Charles Yano to order the mining company to relocate them as ordered by the High Court in 2001.
They have sued Base Titanium Limited, Cabinet Secretary Ministry of Petroleum and Mining, Attorney General, National Lands Commission (NLC), Cabinet Secretary Ministry of Environment and Forestry.
Base Titanium, an Australian Company with both prospecting and mining license in Kenya since July 2010 and expiring in 2025 took over from Canadian based Company Tiomin Limited Company that had over 495.07 hectares of land to mine Limenite, Rutile and Zircon minerals in Kwale.
In 2001, the mining company predecessor Tiomin Limited Company was ordered by Mombasa High Court to compensate farmers in the area.
On Monday, the petitioner’s lawyer Pauline Mwenje told Justice Yano that the families are greatly affected by the presence of Titanium in the air and drinking water.
“The Titanium in the air and drinking water has led to irritation, and lung infections,” said Mwenje.
She said that the company has fully gained ground, prospecting and mining with undue regard on environmental impact.
They want the court to term any eviction by the mining company illegal before the families are compensated.
However, Base Titanium said that all the initial land owners at the initial mining lease area had been compensated as at July 6, 2004 and subsequent area variations done in April 5 2012.
The mining company lawyer Desterio Oyatsi said that the mining company had in 2018 applied for an area extension to include adjacent portions of mineralised areas as well as additional areas required for mining facilities and operations.