By Caroline Katana
Kenya’s Judiciary and the State Department for Mining have launched a new partnership aimed at strengthening climate justice, environmental governance, and sustainable management of the country’s growing extractive sector.
Speaking during the 2026 Environment and Land Court (ELC) Judges Conference in Kwale County, government and judicial leaders emphasized the need to balance economic gains from mining with environmental protection and community rights.
The conference, held under the theme “The Green Bench: Advancing Climate Justice, Ecosystem Protection, Sustainable Extractives Management and Environmental Rule of Law in a Changing Planet,” brought together judges, legal experts, government officials, and mining stakeholders to examine emerging challenges in the sector.
Principal Secretary for Mining Harry Kimtai said closer collaboration between the Judiciary and the mining sector was necessary to improve understanding of the legal, environmental, and social complexities surrounding mineral extraction.
“Mining is one of the most capital-intensive and legally sophisticated industries in the world. We must ensure that economic development goes hand in hand with environmental stewardship and community welfare,” said Kimtai.
He noted that the conference would expose judges to the sector’s legal framework, licensing procedures, environmental obligations, and emerging challenges facing mineral-rich communities across the country.
Kwale Governor Fatuma Achani challenged mining companies and government agencies to place host communities at the centre of mineral development.
“The true measure of success in natural resource management is the extent to which local communities benefit from the resources found in their areas,” she said.
Achani stressed the importance of meaningful public participation before mining projects commence, warning that failure to involve communities often leads to disputes and prolonged court battles.
She further called for stronger benefit-sharing mechanisms, responsible environmental management, and local value addition to ensure mining creates lasting economic opportunities beyond the life of a project.
“Exporting raw minerals limits our economic potential. Processing and value addition near mining areas can create jobs, build skills, and empower local communities,” she added.
Attorney General Dorcas Oduor highlighted ongoing reforms aimed at improving the resolution of land and environmental disputes.
According to Oduor, an audit found approximately 15,000 land-related cases involving government agencies, with nearly 70 percent suitable for resolution through Alternative Dispute Resolution (ADR) mechanisms such as mediation and arbitration.
“We must encourage alternative dispute resolution to reduce litigation and provide faster, more accessible justice for citizens,” she said.
The Attorney General also announced plans to strengthen legal aid services in land-related matters and review key legislation, including the Public Trustee Act and the Law of Succession Act, to address emerging challenges.
Chief Justice Martha Koome, who officially opened the conference, underscored the critical role of the Environment and Land Court in protecting constitutional environmental rights amid increasing pressure on natural resources.
“The symbol of justice can never rest, especially when the future of our planet is at stake,” she said.
Koome praised the ELC’s performance, revealing that the court has maintained a case clearance rate of more than 100 percent for seven consecutive years and achieved a record 116 percent clearance rate during the 2024/2025 financial year.
She also announced that the Judiciary had increased the number of ELC judges to 61 following the appointment of 13 additional judges to strengthen access to environmental justice and reduce case backlogs.
The Chief Justice said environmental justice extends beyond legal disputes and directly affects livelihoods, particularly for vulnerable groups such as women, children, pastoralists, and indigenous communities.
Throughout the conference, speakers repeatedly returned to a common message: Kenya’s mineral wealth must be managed in a way that safeguards ecosystems, respects community rights, and delivers tangible benefits to local populations.
For Kwale County, home to some of Kenya’s largest mining operations, the discussions carried particular significance as the country seeks to ensure that extractive industries contribute not only to national economic growth but also to sustainable development and environmental justice for future generations.
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