WRA: Prosecutes Illegal Gold Miners for River Yala Pollution

• The Water Resources Authority (WRA) is prosecuting illegal gold miners causing severe pollution in the River Yala basin.
• Mining operations are unapproved, have defied previous stop-work orders, and are degrading riparian reserves with heavy machinery.
• Water tests revealed alarming concentrations of mercury and sodium cyanide in runoff, posing lethal threats to livestock, aquatic life, and local communities.
• Charges are being pursued under Section 93(3) of the Water Resources Regulations for environmental breaches and non-compliance.
• Enforcement will continue until all degraded land is rehabilitated and non-compliant operators are prosecuted, supported by compiled water test data.

The authority confirmed that these unapproved activities are not only severely degrading the river’s vital riparian reserves but also introducing highly toxic substances into the water system.

The Water Resources Authority (WRA) has initiated a significant crackdown on illegal gold mining operations contributing to severe environmental degradation and pollution within the River Yala basin. This intensified enforcement effort comes with a stern warning that all offenders will face immediate prosecution for disregarding established environmental protection orders and for deploying highly toxic chemicals in close proximity to local water sources.

During a recent enforcement operation conducted in Chisango Village, located within the Kakamega Region, James Nyang’eso, the WRA Deputy Director of Regional Coordination, confirmed the extensive damage. He stated that unapproved mining activities are causing severe degradation to the river’s crucial riparian reserves. Nyang’eso highlighted that the majority of these mining operations proceed without any official approval from regulatory bodies, including the WRA itself, the National Environment Management Authority (NEMA), the respective county government, or the State Department for Mining, rendering their activities illegal as these companies are not registered in the WRA’s database.

Despite previous directives, including stop-work and land-reclamation orders issued by the WRA to operators in the area, recent surveillance has revealed a blatant defiance. Miners have continued their intensive operations, utilizing heavy machinery to turn over land and strip away native vegetation. The WRA is clear that while it does not oppose the exploitation of mineral resources in the region, it strongly condemns mining practices that lack adequate mitigation measures to safeguard vital water resources.

The environmental impact of these unregulated activities extends beyond physical degradation, posing a direct threat to public and ecological health. Water testing conducted across various gold-processing sites in the region has uncovered alarming concentrations of toxic chemicals in runoff water. Mutahi Jahara, the WRA Assistant Director overseeing Water Quality and Pollution Control, specifically pointed out that processing methods employed near the river involve the use of mercury and sodium cyanide, substances recognized for their extreme lethality.

Jahara detailed that tests on runoff from gold leaching plants have consistently shown very high concentrations of cyanide. This poses a critical risk, as these toxic chemicals are directly washed into the river system during rainfall events. While small doses of such runoff may not immediately cause human fatalities, higher concentrations present an immediate and lethal threat to livestock, aquatic life, and the local communities reliant on the River Yala.

Officials have warned that if animals consume water contaminated by these runoff chemicals, they can die on the spot, a danger substantiated by past reports of livestock deaths attributed to chemical pollution. The WRA is actively compiling comprehensive water test data and meticulously mapping all illegal sites to bolster ongoing court proceedings, ensuring that all non-compliant operators are prosecuted effectively.

The Water Resources Authority’s prosecution efforts are firmly rooted in existing legal frameworks designed to protect Kenya’s water bodies. The current legal action is being pursued under Section 93(3) of the Water Resources Regulations, specifically addressing the breach of environmental protection orders and the unapproved nature of these mining operations. The WRA has affirmed that its enforcement activities will persist until all degraded land is fully rehabilitated, signaling a long-term commitment to environmental restoration.

Furthermore, Regulation 93(7) of the Water Resources Regulations explicitly categorizes commercial gold extraction along protected riparian corridors as a proscribed illegal activity unless explicit approval has been granted. The absence of proper illegal mining permits in Kenya for these operations, coupled with the disregard for WRA environmental protection orders, forms the core of the legal challenge. The WRA's actions underscore a heightened focus on environmental enforcement, particularly concerning the use of hazardous substances like mercury and cyanide in proximity to water sources, aiming to curb River Yala pollution and ensure compliance with national water resource management standards.

This article signals heightened enforcement by the Water Resources Authority (WRA) against unapproved mining activities, particularly those causing water pollution. Lawyers advising mining clients in Kenya should immediately review their operations' compliance with Water Resources Regulations, especially concerning permits, waste disposal, and the use of toxic chemicals near riparian areas, to mitigate prosecution risks and potential liabilities.

Source: Original reporting via local news sources