Shanta gold project faces fresh scrutiny over land rights, public participation

Senate Standing Committee on Mining and Land engaging Land owners in Kakamega County. [Benard Lusigi, Standard]

The Senate has stepped into the growing dispute surrounding the proposed Sh683 billion gold mining project in Ikolomani, Kakamega County, as residents demanded the suspension of the venture until concerns over land rights, compensation and public participation are addressed.

The Senate Standing Committee on Lands, Environment and Natural Resources on Wednesday held a public hearing at Bushiangala Secondary School after receiving a petition from residents opposed to plans by Shanta Gold Kenya Limited to establish an underground gold mine in Isulu-Bushiangala.

The British-based mining company estimates the project contains about 1.27 million ounces of gold valued at approximately Sh683 billion. It says the project requires about 337 acres of privately owned land and is expected to affect nearly 800 households.

The hearing attracted hundreds of residents, many of whom accused the company of failing to conduct meaningful public participation and obtaining consent through misleading processes.

Committee Chairperson Senator Mohammed Faki said the Senate was gathering first-hand information before preparing recommendations on the petition tabled by nominated Senator Catherine Mumma.

"The committee is here to hear directly from the affected residents and establish the facts surrounding the proposed mining project," Faki said.

Residents told the committee that the company had not disclosed the full Environmental Impact Assessment report, including its social, economic and cultural implications, as well as its resettlement plan.

They also recalled the collapse of two public participation meetings in late 2025, during which  protests turned violent and four people lost their lives.

The petitioners further disputed Shanta Gold's claim that it had obtained consent from more than 1,100 landowners, arguing that much of the land is held under customary ownership and has not been transferred to individual title holders.

Some residents testified that they unknowingly signed documents presented as survey forms, only to later discover they were linked to the mining project.

Speaking on behalf of the residents, Ann Mulwale urged the government to support community and artisanal miners through training and equipment instead of allowing large-scale investors to take over the resource.

"We want Shanta to support artisanal miners by training and equipping them with necessary skills and mining equipment rather than displacing them," Mulwale said.

She maintained that residents were unwilling to vacate their ancestral land, arguing that modern underground mining technology could be deployed without relocating communities.

"We are not living in a place where we have environmental danger like flooding or mudslides that require us to vacate. The company can still employ modern ways of underground mining while locals continue living here. We need this project to be fair and open because we are not opposed to development and investors. We all want our region to grow economically, but not through unfair treatment," she said.

Jimmi Makotsi, representing Shisele, Isulu and Shirumba, traced the history of gold exploration in the region, saying several companies had previously conducted prospecting before ownership changed under unclear circumstances.

Kakamega Senator Boni Khalwale backed the residents and proposed an equal sharing of benefits between investors and host communities.

"Half should go to those with the technology and half to those who own the land," Khalwale said.

In response, Shanta Gold agreed to engage in further discussions with residents on land acquisition, environmental concerns and community livelihoods.

The company's Sustainability and Corporate Affairs Manager, Washington Ogutu, assured residents that the project would involve underground mining and not shaft extraction, dismissing fears of widespread displacement.

"No single public institution will be affected and we shall only set up machinery in areas with minimal population so that we do not affect the environment," Ogutu said.

He said the company remained committed to dialogue with local leaders and residents.

"The project remains an underground mining operation designed to minimise its environmental footprint," he said.

Company officials, however, explained that some surface land would still be required for ore processing facilities, waste rock storage and tailings management.

Mining Principal Secretary Harry Kimtai told the meeting that  Shanta Gold currently holds only a prospecting licence and cannot commence mining until it signs a Community Development Agreement with the affected community.

Kimtai said the Mining Act provides for royalty sharing from gold production among the national government, county government and the local community, in addition to benefits negotiated under the Community Development Agreement.

He also clarified that while landowners own the surface, minerals beneath the ground belong to the State under Kenyan law.

Faki said the committee would compile a report for the Senate and consider legislative proposals aimed at strengthening compensation and community protection in mining projects.

The hearing ended without a resolution, leaving the future of one of Kenya's largest proposed gold mining projects dependent on the Senate's recommendations and further negotiations between the government, Shanta Gold Kenya Limited and the affected residents.