Open Letter Re: Urgent Concerns—Illegal Gold Mining Causes Environmental Degradation and Human Rights Violations in Morun River Borderlands of Turkana and West Pokot Counties.

We, the undersigned, representing Indigenous people, herders, rural women, youth, and children, along with our organizations, coalitions, networks, and allies in civil society, recognize that Kenya is a signatory to the United Nations Guiding Principles on Business and Human Rights (UNGPs).

We acknowledge that while businesses have the right to operate, they are bound by the provisions of the UNGPs, which establish corporate responsibility and state obligations to safeguard human rights, particularly for Indigenous Peoples, by mandating protection from abuses (Principle 1), respect for land and cultural rights (Principle 11), meaningful community consultation (Principle 18), remediation for environmental harm (Principle 22), and access to grievance mechanisms for justice (Principle 29).

We further recognize that Kenya’s Constitution under Article 42 guarantees every individual the right to a clean and healthy environment, which must be protected against degradation caused by irresponsible mining practices. Furthermore, Article 69 of the Constitution requires the state to ensure sustainable management of natural resources and enforce environmental conservation measures—a responsibility that must be upheld.

We acknowledge that Indigenous Peoples have internationally recognized rights under the United Nations Declaration on the Rights of Indigenous Peoples, 2007 (UNDRIP), including the fundamental right to maintain their ancestral lands, resources, and livelihoods free from unjust interference. Illegal gold mining activities severely undermine these rights by destroying vital grazing lands, contaminating essential water sources, and forcibly displacing Indigenous communities, thereby jeopardizing their cultural and economic survival.

Key Issues: Legal, Environmental, and Human Rights Violations  

We are deeply alarmed that illegal mining operations along the Morun River including Kainuk, Lami-Nyesi, Orwa and Seger pastoral areas violate Kenya’s Mining Act, 2016, and the Environmental Management and Coordination Act, 1999, while causing deforestation, soil erosion, and water contamination that directly threaten pastoral and agro-pastoral communities downstream—including Lobokat, Nakwamoru, Katilu, and Lake Turkana—further contravening environmental health protections under Principle 11 of the UN Guiding Principles on Business and Human Rights (UNGPs), which mandates businesses to prevent human rights violations through ecological destruction.

It is regrettable that the widespread destruction of the environment—marked by the creation of over 30 mining sites along Morun River’s banks and extensive deforestation in pastoral grazing areas—violates Kenya’s commitments under the United Nations Framework Convention on Climate Change (UNFCCC), 1992, which mandates efforts to mitigate greenhouse gas emissions and protect natural ecosystems. These harmful activities also contravene Kenya’s Environmental Management and Coordination Act, of 1999, which enforces sustainable environmental conservation, and the Mining Act, of 2016, which regulates mineral extraction to prevent ecological degradation. Furthermore, this environmental devastation directly conflicts with the Constitution of Kenya, 2010, particularly Article 42, which guarantees every citizen the right to a clean and healthy environment. The blatant disregard for these legal protections accelerates climate change, threatens biodiversity, and endangers Indigenous communities by jeopardizing their livelihoods and cultural heritage.

We express grave concern over the environmental destruction caused by illegal mining, particularly the contamination of Morun River’s waters, which poses a direct health risk to communities across Marich Pass, Seger, Lami-Nyesi (West Pokot), Kainuk, Loyapat, Nakwamoru, Katilu, and Lake Turkana. As the world's largest desert lake and a UNESCO World Heritage Site- activities violate the Ramsar Convention on Wetlands, 1971, which recognizes Lake Turkana’s international importance and undermines Kenya’s environmental commitments. Continued neglect of these protections exacerbates ecological damage, disrupts Indigenous livelihoods, and places this globally significant heritage site at further risk.

We are deeply alarmed that illegal mining has contaminated the Morun River’s waters, posing a direct health risk to affected communities across Marich Pass, Seger, Orwa, Lami-Nyesi (on the West Pokot side), Kainuk, Loyapat, Nakwamoru, Katilu, and fisherfolk in Lake Turkana (on Turkana side). This pollution violates Kenya’s Water Act, of 2016, and undermines Sustainable Development Goal (SDG) 6, which guarantees access to clean water and sanitation for all.  

We call attention to the escalating human toll, as six individuals have lost their lives due to mining-related incidents, with nine others sustaining severe injuries requiring hospitalization Yet, no compensation or accountability has been provided to affected families, violating Kenya’s Occupational Safety and Health Act, 2007, and breaching ILO conventions on workplace safety.  

We strongly condemn the continued exploitation of children as young as three years old in mining activities, which contravenes Kenya’s Children Act, 2022, ILO Convention No. 182 on the Worst Forms of Child Labour, and the United Nations Convention on the Rights of the Child (UNCRC).  

We highlight that principle 22 of the UNGPs mandates that corporations must provide redress for those negatively affected by business operations, yet mining companies continue to operate recklessly without accountability.  

Call to Action  

We respectfully urge immediate intervention to:  
a) Halt illegal mining operations in Lami-Nyesi, Kainuk, and Seger Areas.  
b) Enforce national and international environmental protection laws to prevent further destruction.  
c) Ensure equitable benefit-sharing mechanisms for affected communities.  
d) Provide compensation to families of deceased mining victims and enforce corporate accountability.  
e) Protect vulnerable populations, including children, from labor exploitation.  
f) Implement sustainable mining practices that respect Indigenous and community rights.  
g) Restore degraded ecosystems and safeguard Morun River’s vital water resources.  

Failure to take decisive action risks accelerating environmental degradation, heightening social tensions, and compromising fundamental human rights. We urge the Government of Kenya to fulfill its constitutional and international commitments by ensuring the protection of communities and ecosystems from the harmful impacts of exploitative mining practices.  

In this pursuit, we stand in solidarity with the Indigenous Peoples and local Indigenous pastoral communities of Turkana and West Pokot as they advocate for justice, accountability, and sustainable development, reinforcing their rightful call for environmental stewardship and equitable resource governance.  

By signing this letter, we commit to advocating for:  

✅ The cessation of illegal mining activities and environmental degradation  
✅ The enforcement of national and international laws safeguarding Indigenous and community rights  
✅ The implementation of sustainable resource management and benefit-sharing mechanisms  
✅ Justice for affected communities through corporate accountability and fair compensation  
✅ The protection of children from hazardous labor exploitation  

References:  
1.    https://www.hubzmedia.africa/west-pokot-uprising-locals-demand-commissioners-removal/
2.    YouTube Video (https://www.youtube.com/watch?v=q25ipYN0p38  
3.    YouTube Video (https://www.youtube.com/watch?v=3D92GvIPXX8