10 Feb 2009 in National Assembly:
Secondly, the request was whether pursuant to a tripartite meeting chaired by my predecessor on 1st October, 2007 the dispute was resolved, and whether it was agreed, inter alia, that in order to adhere to the rules of fair play, no company would be given rights of exclusivity and that both parties would be issued with mining licences in separate locations of Mutomo District.
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10 Feb 2009 in National Assembly:
Three, whether my Ministry communicated with the Ministry of Lands on 18th October, 2007 confirming the issue of a mining licence to Athi River Mining Limited.
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10 Feb 2009 in National Assembly:
Four, whether I am aware that Bamburi Cement Limited, in contravention of the agreement, has written to His Excellency the President seeking his indulgence to invoke his rights under the Constitution in order to confer possession of the trust land within the County Council of Kitui to the Government and subsequently issue exclusive rights to them (Bamburi Cement Limited).
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10 Feb 2009 in National Assembly:
Mr. Deputy Speaker, Sir, Kanziku and Matema locations in Mutomo District are endowed with large deposits of limestone which is used for the manufacture of cement. As a result of this, two companies namely; Athi River Mining Limited and Bamburi Cement Company, developed interest in investing in the area with a view to exploiting the mineral resource. The companies have however not been able to undertake the activities with a mutual understanding leading to disputes which have persisted to this day.
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10 Feb 2009 in National Assembly:
4802 PARLIAMENTARY DEBATES February 10, 2009
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10 Feb 2009 in National Assembly:
On the specific issues raised by the hon. Member of Parliament, I wish to advise as follows: One, it is true that Bamburi Cement Limited approached my Ministry in August 2007 to resolve the issue of mining rights in Mutomo District between the County Council of Kitui, Bamburi Cement Limited and Athi River Mining Limited. The issue of dispute according to Bamburi was that the County Council of Kitui gave them a single business permit instead of what they had applied for, which was a common mineral licence.
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10 Feb 2009 in National Assembly:
Two, on 1st October, 2007, my predecessor chaired a consultative meeting at the Ministry's headquarters. The meeting was attended by representatives of the two companies, that is Bamburi and Athi River, council officials and the District Commissioner, Mutomo. Among the decisions made in the meeting included; one, that the council parcels out Kanziku and Matema locations into two blocks for the purposes of limestone mining. Two, the council offers a lease for one block per company. However, after the full council meeting, 17 councillors swore an affidavit purporting to convey a contradicting resolution from what was contained in the official ...
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10 Feb 2009 in National Assembly:
Mr. Deputy Speaker, Sir, my Ministry vide a letter Ref.No.1142/86/68 of 3rd October, 2007, directed the council to comply with the resolution. The same was customised or domesticated by the council by passing a resolution in a special full council meeting under Minute.No.27/2007, whereby each company was offered the area in which they were already operating. Bamburi was offered Kanziku area while Athi River Mining was given Matema area.
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10 Feb 2009 in National Assembly:
The attempts by the Ministry and the council to resolve the issue were meant to ensure fair play and bar any company from enjoying the rights of exclusivity. However, Bamburi Cement Company was not satisfied with the decision and hence filed a miscellaneous civil application No.ELC/JR84 of 2007 in the High Court of Nairobi seeking judicial review, an order of mandamus commanding or directing the second respondent, that is, the District Commissioner, Mutomo District, in the full capacity under the provisions of the Trust Land Act, Chapter 288 of the Laws of Kenya, as a licensing officer of the applicant ...
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10 Feb 2009 in National Assembly:
The company also sought an order of prohibition to be directed to the council on one hand and Athi River Mining on the other. This was aimed at restraining the council from granting a common mining licence to any other company or rights to any other party authorising such party to deal with all limestone deposits located in Kanziku and Matema areas of Mutomo District.
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