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Mohammed Dadi Kokane, Alfred Njuruka Makoko, Samwel Mwachala Mwaghania & James Chacha Mwita v. Republic

(2019) JELR 98993 (CA)

Court of Appeal  •  Criminal Appeal 30, 31, 32 & 33 of 2015 (Consolidated)  •  14 Feb 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. Campell Rodney Bridges (deceased), a geologist by profession, pioneered the prospecting and mining of gemstones in the East African region. He began in Tanzania and eventually branched into Kenya in the year 1973 after obtaining an Exclusive Prospecting Licence under the Mining Act, Cap 306 (repealed by the Mining Act, 2016). The licence in question which was extended from time to time, granted him exclusive rights to prospect for gemstones over a specified area in Kambanga situated in Taita/Taveta. Kambanga was eventually subdivided into ranches and transferred to private individuals. Nevertheless, the deceased still maintained exclusive processing rights over the initial demarcated area.

2. His venture proved to be viable and ultimately, he incorporated two companies namely, Bridges Exploration Company (BEC ) and First Green Garnet Mining Company (FGG) under which he carried out the business of mining and exporting the gemstones. He then transferred the Exclus…

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