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NEMA shuts down non-compliant quarries in Ngelani and Lukenya

10:38 PM
NEMA shuts down non-compliant quarries in Ngelani and Lukenya
Heavy machinery on a mining site. Image used for representational purposes only in this article. PHOTO/Pexels

The National Environment Management Authority (NEMA) has ordered the closure of non-compliant quarries operating in the Lukenya and Ngelani areas within Machakos.

In a statement on Friday, May 30, 2025, NEMA announced that quarries without Environmental Impact Assessment (EIA) Licenses would cease their operations immediately.

As part of the efforts to ensure the residents are protected, NEMA further indicated that owners would be prosecuted for violating the mining regulations in the country.

“In the event that your quarry does not have an EIA license is hereby ordered closed and prosecution to commence due to lack of compliance with the above and this order. Note that NEMA Environmental Inspectors will be monitoring Ngelani City and Lukenya areas at any time to ensure compliance with the best environmental standards,” NEMA’s statement read in part.

In the notice, NEMA directed the affected quarry owners to submit an Environmental Impact Assessment (EIA) License for their sites and the current Annual Environmental Audit.

The evaluation of the documents would allow NEMA officials to analyse and see if quarries in Lukenya and Ngelani are compliant.

Part of the statement shared by NEMA on Friday May 30, 2025. PHOTO/ screengrab by K24 Digital/@NemaKenya/X
Part of the statement shared by NEMA on Friday, May 30, 2025. PHOTO/ screengrab by K24 Digital/@NemaKenya/X

Ignored notices

While giving the orders, NEMA Director General Mamo Mamo exposed the quarry owners, accusing them of ignoring notices. Mamo indicated NEMA had issued over 300 notices that have not been complied with.

“NEMA have received and documented many complaints on illegal quarrying in Ngelani city and Lakunya areas since 2018 and have since taken several corrective actions to stop the menace over the years.

“NEMA has issued over 300 improvement notices, which has not been complied with, revoked Environmental Impact Assessment (ELA) licenses due to forgery of land ownership documents by illegal quarry operators, and have attempted to enforce the same on several occasions and has been meet with resistance from criminals who purport to have land ownership without legal documentation,” the notice read.

With complaints from residents mounting, NEMA made it clear that citizens are entitled to a clean and healthy environment, which the quarry owners were blatantly violating.

Excavators at a quarry. Image used for illustration purposes. PHOTO/Pexels
Excavators at a quarry. Image used for illustration purposes. PHOTO/Pexels

“Your attention is drawn to Article 42 of the Constitution of Kenya, which assures that every person has a right to a clean and healthy environment, have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69 that require every person to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. Article 70 ensures obligations relating to the environment are fulfilled by way of preventing, stopping or discontinuing any act or omission that is harmful to the environment.”

Repercussions

With NEMA maintaining that its officers had been deployed to ensure compliance with the orders, the authority indicated that those found culpable of violating the operating rules would face jail term or be fined up to Ksh4 million

“Your attention is further drawn to section 137 (b) of the Environmental Management and Coordination Act, CAP 387 that provides that ‘any person who fails to comply with a lawful order or requirement made by an environmental inspector in accordance with this Act or regulations made thereunder, commits an offence and shall, upon conviction be liable to imprisonment for a term of not less than one year but not more than four years, or to a fine of not less than two million shillings but not more than four million shillings, or to both such fine and imprisonment’.”

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