No more harvesting sand at night, says Kitui official

The era of Kitui sand being handled like bhang is soon coming to an end, Environment executive John Mwendandu has said.

Speaking to the Star on Thursday, he said a new law makes it an offence to deal with sand in the night.

“There is a fine of up to Sh2 million for mining or transporting sand, which is Kitui peoples’ natural capital, under the cover of darkness like bhang,” Mwendandu said.

Kitui Governor Julius Malombe assented to the Kitui County Sand Utilization and River Basins Conservation Act, 2023, on March 1. It was gazetted last Friday.

Mwendandu spelled out the sanctions, including fines of up to Sh2 million or imprisonment for contravening the provisions of the Act.

The law, which tackles the reign of sand cartels, was unanimously passed by the Kitui county assembly on February 28.

The executive said sensitisations forums will be held in the course of March for communities in river basins earmarked for sand harvesting.

He said caretaker committees to manage sand harvesting would also be set up.

“Not only am I optimistic that the full and efficient application of the Act will see sustainable harvesting of sand and benefits to the community from their natural capital, but conservation will be a key plank in the industry,” Mwendandu said.

He said going forward, there will be no haphazard mining as all sand harvesting will only take place in gazetted and designated mining sites.

The executive said the new law stipulates that sand should not be harvested between 6pm and 6am.

Its transportation will not be allowed between 8pm and 6am, effectively making dealing with Kitui sand a daytime affair.

“The Act clearly points out that anyone harvesting or transporting sand in Kitui county in the night will be liable to a fine not exceeding Sh2 million or a jail term not exceeding two years upon conviction,” he said.

The Act prescribes a fine of up to Sh2 million or a jail term of up to two years for dealing with sand for sale in Kitui without a licence.

The Act also cancels all licences issued to players before its coming into force.

As he assented to the Act, Malombe said once in force, it would deter haphazard sand mining and wanton destruction of the environment.

“The legislation is a product of efforts by my government to address the wanton destruction of our river basins and surrounding environment due to unregulated sand harvesting,” he said.

He added that the law is a fulfillment of his pre-election promise that he would uphold environmental protection and conservation due to the negative impacts of unregulated sand harvesting.