The Environment and Land Court (ELC) sitting in Siaya has delivered a landmark judgment halting mining activities by Shanta Gold Company in Ramula, Munungu, and Uranga sub-locations, declaring that private property rights and legal prerequisites must strictly be upheld before any commercial extraction begins.

​Delivering the long-awaited ruling, Hon. Lady Justice Edda Dena ruled that the gold mining firm cannot force its operations onto private landowners without their explicit prior consent. The court permanently restrained the company from carrying out any exploratory or mining works on private land parcels where landowner consent has not been legally obtained.

​Justice Dena declared that express consent from registered landowners is a mandatory condition precedent under Section 37(1) of the Mining Act, 2016, before any prospecting or mining rights over private land can be granted or exercised.

​The court noted that while state organs had made certain public notifications, Shanta Gold’s 2019 prospecting license was flawed for failing to satisfy mandatory statutory requirements, including securing prior written landowner consent and obtaining proper inter-agency and county approvals.

​”A declaration is hereby issued that the first respondent shall not grant a mining license… until it has satisfied itself upon documentary evidence of the express consent of the registered owner of every parcel of private land within the project area,” Justice Dena ruled.

​The judge further issued an injunction restraining Shanta Gold, its agents, contractors, and state organs from taking any steps toward the resettlement, relocation, or displacement of local residents outside the strict legal procedures established under Section 153 of the Mining Act.

​To ensure full compliance, the court directed all respondents to file a comprehensive status report on their adherence to the judgment within six months.

​Speaking outside the courtroom following the ruling, Maxwell Magawi, a community lawyer representing local residents, hailed the judgment as a monumental victory for community rights, transparency, and constitutional land protections.

​”Today marks a very important day for us because we have shown up to witness our victory,” Magawi said. “The court has indeed agreed with the people of Ramula and Munungu that it makes perfect sense not to force yourself on people. In the event that there is no consent, you cannot force people to consent.”

​Magawi emphasized that while small-scale artisanal mining by local peasants for their immediate livelihoods remains undisturbed, large-scale commercial extraction without proper legal channels and public participation will not be tolerated.

​”The gold company has no right whatsoever to force residents into compulsory acquisition or ground-breaking operations at this point,” Magawi added. “This judgment breathes a new air of hope and restores public confidence in the judiciary as a true defender of the weak.”

​The court ordered each party to bear its own costs due to the public-interest nature of the petition.