San Francisco Frontiers - Kenya-US rare earths deal challenged in court over secrecy

The deal involves minerals critical to high-tech and low-carbon industries in the coastal forest of Mrima Hill, which is believed to hold deposits worth about $62.4 billion, including large reserves of niobium, a metal used to strengthen steel.

The Centre for Litigation Trust, a legal advocacy organisation, is suing the Kenyan government in a bid to halt the deal with the United States to mine the area, after media reports that it was nearing completion.

In court papers seen by AFP, the group calls for full transparency and public consultation around the deal, arguing that any such agreement requires approval by parliament.

"The specific contract and framework details are shrouded in secrecy, remain opaque and vague to the public," the submission reads.

"Kenyans had no knowledge of the state of affairs pertaining the preliminary agreement."

On Monday, the High Court directed the respondents to be served with the application and to file their responses within 14 days.

President Donald Trump has made securing critical minerals a key pillar of Washington's Africa policy, with Kenya emerging as a priority target.

US officials have attended high-level mining talks in Kenya in recent months.

Kenya opened a tender in April for the exploitation of Mrima Hill in Kwale County, estimated to contain 5.8 million tonnes of niobium and 48.7 million tonnes of rare earth elements.

The mining ministry has yet to announce the winning bidder.

Mrima Hill, a 390-acre forest on Kenya's Indian Ocean coast, has long been at the centre of disputes over its untapped mineral wealth, with locals fearing eviction without compensation and exclusion from the benefits.

"The extractive industry is often exploitative and prone to gross human rights abuses that must be monitored and enforced," Julius Ogogoh, the director of the lobby group, told AFP.

The parties are due back in court on July 21 for further directions.

W.Thompson--SFF