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