“Titanium mining benefit sharing in Kwale County: A comprehensive analysis of the law and practice in the context of Nguluku and Bwiti”

…This report undertook a survey of mining benefit sharing in Nguluku and Bwiti in the context of titanium mining in Maumba, Kwale County. The study found out that there is no equitable benefit sharing in that context, with the mining host communities in Nguluku and Bwiti still experiencing dire socio-economic conditions despite the mining project minting billions from titanium exploitation in their backyards. A myriad of reasons account for the current situation. The major impediment to benefit sharing has been the poor negotiation leading to the award of the mining licence, a process that did not take into account the needs and interest of Kenyans. The result of these negotiations is a skewed contract for the benefit of the mining operator, but to the detriment of the Country of Kenya in general and the mining host communities in particular.

Other impediments include: failure of the mining operator to substantively involve and engage the local population in the design and implementation of community development projects; failure of the mining operator to effectively mitigate the adverse environmental, social and economic consequences of mining; failure of the National Government to remit the percentage of royalties accruing to the County Government and the mining host communities in accordance with the Mining Act, among others.