State, Judiciary strengthen partnership on sustainable mining and climate justice

Date:

The 2026 Environment and Land Court Judges Conference concluded in Diani with renewed commitments from the Judiciary and the State Department for Mining to deepen collaboration in promoting sustainable mining, environmental protection and climate justice.

The three-day conference, held at Swahili Beach Resort in Kwale County under the theme The Green Bench: Advancing Sustainable Extractives Management, Climate Justice and Environmental Rule of Law in a Changing Planet, brought together judges, government officials, regulators, environmental experts, mining industry players and community representatives to strengthen cooperation in the governance of Kenya’s extractive sector.

Building stronger institutions

Deputy Chief Justice Philomena Mwilu said the partnership between the Judiciary and the State Department for Mining reflects their shared commitment to balancing economic development with environmental protection and constitutional rights.

She noted that a sustainable mining industry depends not only on sound legislation and regulation but also on a judicial system capable of resolving disputes fairly, enforcing environmental standards and providing certainty to investors and affected communities.

“I commend both the State Department for Mining and the Environment and Land Court for jointly convening this conference,” Mwilu said.

She added that equipping judges with technical knowledge of the extractive sector would improve the consistency, accuracy and confidence with which courts determine increasingly complex mining and environmental disputes.

Mwilu emphasized that such engagements should not be treated as isolated events but become a model for institutional collaboration among constitutional bodies while preserving their independence.

“This partnership demonstrates how institutions can work together within their constitutional mandates to strengthen governance, improve public confidence and enhance the administration of justice,” she said.

Judges gain practical mining experience

Throughout the conference, judges explored Kenya’s mining legal framework, environmental obligations, regulatory systems, community engagement requirements and emerging challenges facing the sector.

Participants also heard presentations from regulators, legal experts, environmental specialists, industry practitioners and community representatives on responsible mining practices and sustainable resource management.

A key highlight was a field visit to Base Titanium’s mining operations in Kwale County, where judges observed land rehabilitation efforts, environmental restoration initiatives and community development programmes following mining activities.

State Department for Mining Principal Secretary Harry Kimtai described the visit as an important opportunity for judges to witness firsthand how responsible mining is implemented.

“Standing on rehabilitated land where mining once took place brought into perspective the real issues behind mining disputes,” Kimtai said.

“Every legal question involving mining ultimately concerns land, communities and people’s livelihoods.”

Commitment to better mining governance

Kimtai said the quality of judicial decisions plays a critical role in shaping Kenya’s extractive industry alongside government policy and regulation.

He observed that well-reasoned court judgments help protect constitutional rights, ensure environmental compliance and provide certainty for investors while holding both government and private companies accountable.

“The quality of Kenya’s extractive governance is directly influenced by the quality of the jurisprudence that oversees it,” he said.

He pledged that the State Department for Mining would continue providing technical support to the Judiciary whenever required to strengthen the country’s mining governance framework.

Key stakeholders attend conference

The conference attracted senior officials from across Kenya’s land and mining sectors, including National Land Commission Chairperson Dr Abdillahi Alawy, National Land Commission Chief Executive Officer Kabale Tache Arero, Environment and Land Court Principal Judge Justice Oscar Angote, as well as judges of the Environment and Land Court.

Organisers said the conference marked another step toward strengthening collaboration between the Judiciary, government agencies and industry stakeholders as Kenya seeks to promote responsible resource extraction while advancing environmental justice and sustainable development.

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