NAIROBI, Kenya, Jul 29 – A lobby group is seeking to halt the government’s proposed US-backed mining deal for the Sh9.7 trillion ($62.4 billion) Mrima Hill rare earth deposit, citing a lack of public participation.
The Centre for Litigation Trust contends the proposed agreement has been shrouded in secrecy, arguing that the government failed to conduct adequate public participation and comply with constitutional and environmental safeguards.
Appearing before Justice Francis Andayi in a virtual High Court session on Wednesday the lobby through its lawyers argued that Kenyans have been kept in the dark over a preliminary agreement between Kenya and the United States to develop the strategic mineral resource in Kwale County, despite its potential to transform the country’s mining sector.
The petition seeks conservatory orders to stop implementation of the proposed arrangement until the court determines whether the process complied with the Constitution and relevant laws.
“The government is putting hurdles to the hearing of the case. Through the Attorney General, it has raised an objection that the court has no jurisdiction to hear the case,” said Advocate Nicholas Kamwendwa for the petitioner.
“The court has to determine that issue first before it hears the merits of the case.”
The petitioner had sought conservatory orders to temporarily suspend the proposed transaction.
However, Justice Andayi deferred consideration of that application until the jurisdictional objection raised by counsels representing the Attorney General is determined.
The court directed both parties to file and exchange written submissions within 14 days.
The matter will be mentioned on September 30 to confirm compliance, with a ruling on the preliminary objection scheduled for October 9.
The case comes as Kenya and the United States move closer to concluding a broader critical minerals partnership aimed at unlocking investment in Kenya’s strategic mineral resources.
This despite President William Ruto earlier position that minerals extracted in Kenya would be processed locally before export.
Mrima Hill is regarded as one of the world’s most significant undeveloped deposits of rare earth elements and niobium.
The minerals are critical inputs in the production of electric vehicle batteries, artificial intelligence hardware, semiconductors, aerospace equipment, jet engines and advanced defense systems.
Their growing importance has intensified global competition as countries seek to secure reliable supplies for the clean energy transition and emerging technologies.
The United States has stepped up efforts to diversify its sources of critical minerals as it seeks to reduce dependence on China, which dominates global rare earth processing and refining.
Recent Chinese export restrictions on key minerals have heightened concerns in Washington over supply security for industries including electric vehicles, artificial intelligence, semiconductor manufacturing and defense.
