The High Court has declined to grant an order of prohibition in a case pitting Mayfox Mining Company Ltd against the Cabinet Secretary for Mining, Ali Hassan Joho, over the contested allocation of mineral rights in Turkana County.
- •The ruling delivered by Justice John Chigiti comes amid claims of procedural irregularities surrounding the revocation of Mayfox’s mining license and the state’s preference for another exploration firm.
- •Mayfox Mining filed a judicial review petition at the High Court challenging the Ministry of Mining’s decision to allocate its exploration zone to rival firm Lorado Company Ltd.
- •Lorado Company claims that its prospecting license application was accepted, revoked four days late and reassigned to Mayfox, before being split between AHG Metals and H-Nuo without due process.
“The Applicant (Mayfox Ltd.) submits that its appeal to the Respondents via a letter dated 12th June, 2024, has never been responded to and the silence and continued progression towards allocating the area to AHG Metals Kenya Limited demonstrate administrative disregard, entrenching the need for urgent judicial intervention,” the court documents stated.
The government published a Gazette Notice on the 28th March 2025 announcing the government’s intention to issue a license to AHG Metals Kenya for the disputed area. Mayfox argued that such administrative steps, taken during pending legal proceedings, could negate the court process. The company claimed to have fulfilled all the requirements for license renewal, including paying statutory fees, and deserved a fair assessment.
However, the Attorney General argued that the decision being contested had already been implemented, citing judicial precedents that discourage stay orders in such circumstances.
The Court agreed with the state that the threshold for issuing a stay had not been met and highlighted that that there was insufficient cause to halt the licensing process. Nonetheless, Justice Chigiti directed that the issues raised in Mayfox’s judicial review application would proceed to a full hearing, keeping the door open for future relief should the company ultimately prevail.
In early April, the Turkana county government held a community engagement forum with artisanal miners in Nakalale Ward to discuss the license to AHG Metals. The mining company is owned by US real estate tycoon Alan Ginsburg.