By:Athuman Luchi
Kenya’s High Court in Kwale has scheduled July 29 for the mention of a petition seeking to stop a proposed agreement between the Kenyan government and the United States for the exploitation of strategic minerals at the mineral-rich Mrima Hills in Kwale County.
The case was filed by the Center for Litigation Trust, which is asking the court to suspend any steps toward implementing the proposed agreement until the legal issues raised in the petition are fully determined.
According to the petition, the proposed deal raises questions over the management and control of Kenya’s natural resources, with the petitioner arguing that any agreement involving strategic mineral deposits must comply with the Constitution, existing mining laws and environmental regulations. The organization is also seeking greater transparency regarding the terms of the proposed agreement and the extent of public participation before any binding commitments are made.
The petition comes amid increasing global competition for access to critical minerals used in the manufacture of electric vehicle batteries, renewable energy technologies, defence systems and advanced electronics. Governments around the world have intensified efforts to secure reliable supplies of rare earth elements and other strategic minerals as demand continues to grow.
Mrima Hills, located about 70 kilometres south of Mombasa near Kenya’s Indian Ocean coast, is widely regarded as one of the country’s most significant mineral deposits. Geological surveys have identified the area as containing rare earth elements, niobium, phosphate and other high-value minerals that are increasingly sought after in the global energy transition.
The site has attracted investor interest for more than a decade, although previous attempts to develop the resource have faced legal disputes, licensing challenges, environmental concerns and opposition from sections of local communities over land rights and benefit-sharing.
The outcome of the case could have broader implications for Kenya’s mining sector, particularly as the government seeks to attract foreign investment while balancing constitutional requirements on public participation, environmental protection and equitable sharing of benefits from natural resources.
The matter will be mentioned before the High Court in Kwale on July 29, when the court is expected to issue further directions on the hearing of the petition and any interim orders sought by the petitioner.
