Challenges and Prospects of Equitable Benefit Sharing in Mining Sector: a Case Study of Titanium Mining in Kwale County,kenya
Abstract
The Kenyan constitution, under Article 69 urges the state to manage natural resources in an
equitable way for the benefit of Kenyans. However, in Nguluku, communities have voiced
their concerns about the titanium mining project that has led to loss of land, displacement
and
environmental degradation. This study therefore sought to analyse the concept of equitable
benefit sharing and review its mechanisms in Kenya. In particular, it examined the regulatory
framework of benefit sharing in the mining sector. It used the analysis of impacts of the
titanium project on Nguluku community as a case study. Specifically, the study examined
local community’s perceptions on benefit sharing and the extent to which they have benefited
from the project.
In a stratified sampling procedure, one hundred and fifty households,
randomly identified, were interviewed using a semi-structured questionnaire. Key informants
were also interviewed and three focus group discussions conducted.
Data collected show that
there has be
en more loss than gains and
77%of respondents
estimate that they have benefited
from the titanium mining project
to a very low extent since its
commencement. The lack of
adequate benefit sharing regime applied to the titanium mining project is due to weak policy
and
legal
framework in the
sector.
There
is an urgent need to reform the mining sector and
align it to the spirit of the constitution.
This will require enactment of a new
regulatory
framework that embraces the principles of equitable
benefit sharing
to
ensure
sustainable
management of
minerals
in the country
Publisher
University of Nairobi