" Media Advisory: Boyani community take action against China City Construction Company for polluting quarry mining" 11 April 2024

On April 2, 2024, Natural Justice filed a petition at the Malindi Environment and Land Court in Kilifi County, Kenya, on behalf of the residents of Boyani . The community have petitioned the Environmental court over the adverse effects of quarrying activities conducted by China City Construction Company, who are contracted by the Kenya National Highway Authority to construct the Mombasa highway.  

The petition against China City Construction Company, National Environment Management Authority (NEMA), Kenya National Highway Authority, and the Cabinet Secretary, Ministry of Mining, Blue Economy, and Maritime Affairs, challenges the ongoing quarry activities, which violate the constitution, particularly the Bill of Rights. 

Background:

The China City Construction Company was contracted by the Highway Authority to construct part of  the Mombasa-Mariakani highway (Kwa-Jomvu section). They obtained a license from the National Environment Management Authority (NEMA) to mine and crush rocks at a quarry in Kokotoni in Mazeras, Kilifi County, in 2016.  

The company has since neglected key conditions outlined in the license meant to protect the community from the adverse effects of the mining activities. These measures include, but are not limited to, mitigating dust and vibration distribution. The community now states that the contractor failed to comply adequately and seeks court intervention to compel the company to adhere to the set compliance conditions and compensate families adversely affected by the mining activities. 

Impact on Community:

Residents have reported various damage to their homes, with some of the extreme impacts of the mining including cracks running from foundations to roofs and the collapse of semi-permanent structures due to blasting. Agriculture has not been spared either; dust emissions from the rock crusher have resulted in stunted crop growth. Moreover, residents have recorded an increase in health complications, with the most affected being children. Additionally, the contractor blocked the community’s main source of water, depriving members of the Boyani community access to clean water.