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REPUBLIC OF KENYA

MINISTRY OF MINING

INTERIM REPORT OF THE

MINISTERIAL TASK FORCE ON

REVIEW OF PROSPECTING,

EXPLORATION AND MINING

LICENCES AND AGREEMENTS

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Table of Contents MEMBERS OF THE TASK FORCE ................................................................................................................................................... 9

ABBREVIATIONS ............................................................................................................................................................................. 10

EXECUTIVE SUMMARY ................................................................................................................................................................. 11

THE TASK FORCE ............................................................................................................................................................................ 12

INTRODUCTION ............................................................................................................................................................................... 15

THE TYPES OF LICENCES .............................................................................................................................................................. 17

THE PROCESS ................................................................................................................................................................................... 19

SUMMARY OF FINDINGS ............................................................................................................................................................... 19

1. PENTAGON GEO EXPLORATION (FILE NUMBER M5688) ............................................................................................... 21

FINDINGS: .................................................................................................................................................................................. 21

2. KAMRANGE ENTERPRISES ................................................................................................................................................... 22

FINDINGS: ................................................................................................................................................................................. 22

3. RAGHAV INDUSTRY LIMITED .............................................................................................................................................. 23

FINDINGS: .................................................................................................................................................................................. 23

4. CATHERINE KIJILA MWAMUZI ............................................................................................................................................ 24

FINDINGS: ................................................................................................................................................................................. 24

5. ABYSINNIA IRON AND STEEL LIMITED ............................................................................................................................. 25

FINDINGS: ................................................................................................................................................................................. 25

6. BOSMANS INVESTMENT LIMITED ...................................................................................................................................... 26

FINDINGS .................................................................................................................................................................................. 26

7. WACHO INVESTMENT LIMITED .......................................................................................................................................... 27

FINDINGS: ................................................................................................................................................................................. 27

8. GERMANO NGUNJIRI .............................................................................................................................................................. 28

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FINDINGS: ................................................................................................................................................................................. 28

9. TURKANA MINERAL EXPLORATION COMPANY ............................................................................................................. 29

FINDINGS: ................................................................................................................................................................................. 29

10. ANGLO AFRICAN RESOURCES ............................................................................................................................................. 30

FINDINGS: ................................................................................................................................................................................. 30

11. AFRICAN LINE TRANSPORT (1259) ...................................................................................................................................... 31

FINDINGS: ................................................................................................................................................................................. 31

12. AFRICAN LINE TRANSPORT (1203) ...................................................................................................................................... 32

FINDINGS ................................................................................................................................................................................... 32

13. REGIONAL BARGAINS LIMITED .......................................................................................................................................... 33

FINDINGS: .................................................................................................................................................................................. 33

14. AQ LIMITED (1268) ................................................................................................................................................................... 34

FINDINGS: .................................................................................................................................................................................. 34

15. GICHOYA MINES LIMITED .................................................................................................................................................... 35

FINDINGS: .................................................................................................................................................................................. 35

16. MADINI MINING COMPANY LIMITED ................................................................................................................................ 36

FINDINGS: .................................................................................................................................................................................. 36

17. M-BENISA ENTERPRISE COMPANY .................................................................................................................................... 37

FINDINGS: .................................................................................................................................................................................. 37

18. PROSPECTING COMPANY OF KENYA LIMITED ............................................................................................................... 38

FINDINGS: .................................................................................................................................................................................. 38

19. SUPER GROW LIMITED .......................................................................................................................................................... 39

FINDINGS: .................................................................................................................................................................................. 39

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20. R.K.SANGHANI ......................................................................................................................................................................... 40

FINDINGS: .................................................................................................................................................................................. 40

21. ALLISON HOLDINGS LIMITED ............................................................................................................................................. 41

FINDINGS: .................................................................................................................................................................................. 41

22. NOBIS COMPANY LIMITED ................................................................................................................................................... 42

FINDINGS ................................................................................................................................................................................... 42

23. DANGOTE QUARRIES KENYA LIMITED ............................................................................................................................. 43

FINDINGS ................................................................................................................................................................................... 43

24. WAHDAH INVESTMENTS LIMITED ..................................................................................................................................... 44

FINDINGS ................................................................................................................................................................................... 44

25. POTTERMARK ENTERPRISE LIMITED ................................................................................................................................ 45

FINDINGS: .................................................................................................................................................................................. 45

26. MINERAL VENTURES LIMITED ............................................................................................................................................ 46

FINDINGS: .................................................................................................................................................................................. 46

27. M-BENISA LIMITED ................................................................................................................................................................. 47

FINDINGS: .................................................................................................................................................................................. 47

28. BASE TITANIUM LIMITED ..................................................................................................................................................... 48

FINDINGS: .................................................................................................................................................................................. 48

29. NETSOL ENGINEERING LIMITED ......................................................................................................................................... 49

FINDINGS: .................................................................................................................................................................................. 49

30. NUBBON LIMITED ................................................................................................................................................................... 50

FINDINGS: .................................................................................................................................................................................. 50

31. BARAKA MINING AND MINERAL LIMITED ...................................................................................................................... 51

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FINDINGS: .................................................................................................................................................................................. 51

32. PERPETIUSINTERNATIONAL INVESTMENTS LIMTED ................................................................................................... 52

FINDINGS: .................................................................................................................................................................................. 52

33. MR.COLLIN KIPRONO BETT .................................................................................................................................................. 53

FINDINGS: .................................................................................................................................................................................. 53

34. JULIUS GATIMU WAITHAKA ................................................................................................................................................ 54

FINDINGS: .................................................................................................................................................................................. 54

35. LILLIAN M GEMS ..................................................................................................................................................................... 55

FINDINGS: .................................................................................................................................................................................. 55

36. ROBERT LEE STEERE E.A. LTD ............................................................................................................................................. 56

FINDINGS: .................................................................................................................................................................................. 56

37. CARBACID (CO2) LTD ............................................................................................................................................................. 57

FINDINGS: .................................................................................................................................................................................. 57

38. MARGARET WAGOCHI MACHUA ........................................................................................................................................ 58

FINDINGS: .................................................................................................................................................................................. 58

39. NAPASS GEMS LIMITED ......................................................................................................................................................... 59

FINDINGS: .................................................................................................................................................................................. 59

40. PATHWAY MINING RESOURCES ......................................................................................................................................... 60

FINDINGS: .................................................................................................................................................................................. 60

41. AQ KENYA LIMITED (1033) .................................................................................................................................................... 61

FINDINGS: .................................................................................................................................................................................. 61

42. WANJALA MINING LIMITED ................................................................................................................................................. 62

FINDINGS: .................................................................................................................................................................................. 62

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43. CORTEC MINING KENYA LIMITED** (legal case currently in court) ................................................................................. 63

FINDINGS: .................................................................................................................................................................................. 63

CONCLUSION: .................................................................................................................................................................................. 64

SIGNED BY MEMBERS OF THE TASK FORCE ........................................................................................................................... 64

APPENDIX 1: PENTAGON GEO EXPLORATION FILE NUMBER M5688 ................................................................................ 65

APPENDIX 2: KAMRANGE ENTERPRISES .................................................................................................................................. 66

APPENDIX 3: RAGHAV INDUSTRY LIMITED ............................................................................................................................ 67

APPENDIX 4: CATHERINE KIJILA MWAMUZI ........................................................................................................................... 68

APPENDIX 5: ABYSSINIA IRON AND STEEL LIMITED ............................................................................................................ 69

APPENDIX 6: BOSMANS INVESTMENTS LIMITED................................................................................................................... 70

APPENDIX 7: WACHO INVESTMENTS LIMITED ....................................................................................................................... 71

APPENDIX 8: GERMANO NGUNJIRI ............................................................................................................................................ 72

APPENDIX 9: TURKANA MINERAL EXPLORATION COMPANY ........................................................................................... 73

APPENDIX 10: ANGLO AFRICAN RESOURCES ......................................................................................................................... 74

APPENDIX 11: AFRICAN LINE TRANSPORT 1259 ..................................................................................................................... 75

APPENDIX 12: AFRICAN LINE TRANSPORT 1203 ..................................................................................................................... 76

APPENDIX 13: REGIONAL BARGAINS LIMITED ....................................................................................................................... 77

APPENDIX 14: AQ KENYA LIMITED 1268 ................................................................................................................................... 78

APPENDIX 15: GICHOYA MINES LIMITED ................................................................................................................................ 79

APPENDIX 16: MADINI MINING COMPANY LIMITED ............................................................................................................. 80

APPENDIX 17: M-BENISA ENTERPRISES COMPANY ............................................................................................................... 81

APPENDIX 18: PROSPECTING COMPANY OF KENYA LIMITED ........................................................................................... 82

APPENDIX 19: SUPER GROW LIMITED ...................................................................................................................................... 83

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APPENDIX 20: R.K SANGHANI ..................................................................................................................................................... 84

APPENDIX 21: ALLISON HOLDINGS LIMITED ......................................................................................................................... 85

APPENDIX 22: NOBIS COMPANY LIMITED ................................................................................................................................ 86

APPENDIX 23: DANGOTE QUARRIES KENYA LIMITED ......................................................................................................... 87

APPENDIX 24: WAHDAH INVESTMENTS LIMITED ................................................................................................................. 88

APPENDIX 25: POTTERMARK ENTERPRISES LIMITED .......................................................................................................... 89

APPENDIX 26: MINERAL VENTURES LIMITED ........................................................................................................................ 90

APPENDIX 27: M-BENISA LIMITED ............................................................................................................................................. 91

APPENDIX 28: BASE TITANIUM LIMITED .................................................................................................................................. 92

APPENDIX 29: NETSOL ENGINEERING LIMITED ..................................................................................................................... 93

APPENDIX 30: NUBBON LIMITED ................................................................................................................................................ 94

APPENDIX 31: BARAKA MINING AND MINERAL LIMITED ................................................................................................... 95

APPENDIX 32: PERPETUITUS INTERNATIONAL INVESTMENTS LIMITED ........................................................................ 96

APPENDIX 33: MR. COLLIN KIPRONO BETT ............................................................................................................................. 97

APPENDIX 34: JULIUS GATIMU WAITHAKA ............................................................................................................................. 98

APPENDIX 35: LILIAN M GEMS .................................................................................................................................................... 99

APPENDIX 36: ROBERT LEE STEERE E.A LTD ........................................................................................................................ 100

APPENDIX 37: CARBACID (CO2) LTD ....................................................................................................................................... 101

APPENDIX 38: MARGARET WAGOCHI MACHUA ................................................................................................................... 102

APPENDIX 39: NAPASS GEMS LIMITED ................................................................................................................................... 103

APPENDIX 40: PATHWAY MINING RESOURCES .................................................................................................................... 104

APPENDIX 41: AQ KENYA LIMITED 1033 ................................................................................................................................. 105

APPENDIX 42: WANJALA MINING LIMITED ........................................................................................................................... 106

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APPENDIX 43: CORTEC MINING KENYA LIMITED ................................................................................................................ 107

APPENDIX 44: THE ADVERTISEMENT IN THE PAPER .......................................................................................................... 108

APPENDIX 45: LIST OF COMPANIES THAT SUBMITTED MEMORANDA .......................................................................... 109

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MEMBERS OF THE TASK FORCE

MOHAMED NYAOGA CHAIRMAN

CAROLINE ARMSTRONG VICE CHAIRLADY

FERHAN CHAUDRY MEMBER

NAWAL SALIM MEMBER

ERASTUS LOKAALE MEMBER

HASSAN HUSSEIN MEMBER

ELIZABETH ROTICH MEMBER

MAHAT SOMANE SECRETARY

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ABBREVIATIONS

EPL –Exclusive Prospecting Licence

EIA – Environmental Impact Assessment

ML – Mining Lease

MLn – Mining Location

MEMARTS - Memorandum and Articles of Association

NEMA - National Environmental Management Authority

PR - Prospecting Right

SL – Special Licence

SML – Special Mining Lease

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EXECUTIVE SUMMARY

Mining operations in Kenya are governed by the Mining Act Cap. 306 of the Laws of Kenya. In order for an investor to prospect

for or mine minerals, the investor has to fulfill all the requirements stipulated in the Act. Upon application the investor is issued

with a Prospecting Right (PR) at a fee. The PR is not limited to an area and thus enables the prospector to identify a potential area

over which to apply for an exploration licence. After identifying the mineral potential area, the prospector is required to apply for

an exploration licence to undertake detailed geological investigations to qualify and quantify the mineral deposits.

The Ministry of Mining is vested with the power to licence and regulate prospecting and exploitation of minerals in Kenya.

The Ministry reviews applications under the established criteria for vetting of applications before award of any Licenses.

Kenya is the world’s third-largest producer of soda ash, used in the manufacture of glass, and ranks seventh globally in output of

fluorspar, used to make steel, according to the U.S. Geological Survey. In recognition of this huge potential of the mining industry

to contribute to the country’s economic growth, and in a bid to streamline the mining sector, the Ministry strives to improve

transparency and ensure certainty and equality in the Licensing process with a view to balancing national interests and attracting

investment.

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THE TASK FORCE

The Government constituted a Task Force to review the prospecting, exploration and mining licence agreements (hereinafter

referred to as the Task Force) under the chairmanship of Mohammed Nyaoga, Advocate, through Gazette Notice Number 11573

dated 16th

August 2013.

The Terms of Reference of the Task Force gave it the following mandate:

To review all the agreement and licences relating to prospecting, exploration and mining issued between January 2013 and May,

2013 with a view to ascertaining their legality and establishing whether due procedure was followed in their issuance and prepare a

short report of the same.

To review all the agreement and licences relating to prospecting, exploration and mining issued between January 2003 and

December 2012 with a view to ascertaining their legality and establishing whether due procedure was followed in their issuance.

To review the status of all licences issued between January 2013 and May 2013 with a view of determining whether they are

dormant, operational or expired.

To make recommendations on the basis of the findings on (a) and (b) above to the Cabinet Secretary for Mining on the way

forward with regard to any licence (s) that is found to dormant, operational or expired.

To recommend measures for developing processes and institutional capacity to effectively comply with licensing procedures.

To recommend clear modalities and processes of licensing, which will ensure transparency and spell out clear timelines.

For the period January to May 2013, a total of 43 licences/applications for licences were reviewed by the Task Force and comprise

the following:

Applications/ licences for Mining Locations (MLn) which were four (4) in number;

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Applications/ licences for Exclusive Prospecting Licences which were two (2) in number;

Applications/ licences for Special Licences, which were thirty-five (35) in number; and

Applications/ licences for Mining Leases which were two (2) in number

In addition to reviewing the files for each of the 43 applications/ licences, the Task Force through an advertisement in a high

circulation local daily invited all affected companies and/or individuals to make submissions and/or to submit a copy of the

licence(s) issued, together with copies of any and all documents that had been used in support of application(s) and licensing. The

documentation was to highlight any relevant information that the company/individual would wish the Task Force to be aware of

vis-à-vis the application and licence. A total of twenty two (22) submissions were received by the Task Force in respect of the

forty three (43) applications. Attached hereto to the appendix is a copy of the advertisement notice and list of names that submitted

memoranda.

After reviewing the official records at the Ministry and considering submissions made by the affected companies and individuals,

the Task Force arrived at a number of general observations:

That some licences had been issued even where the mandatory conditions precedent that are clearly spelt out in the law (the

Mining Act) were not met. These ranged from lack of a valid Prospecting Right, lack of County Council consent and lack of land

owners’ consent to non-payment of statutory fees.

That licences were issued in situations where there was no proof of the applicant’s sufficient financial ability to put to use and

where the intention appeared speculative. In many cases, the applicants did not demonstrate adequate financial capacity..

That licences were in some situations issued in respect of large areas of land when the programme of work and expenditure

proposal did not justify such awards.

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In submitting this interim report, the Task Force is mindful that it does not have the power or authority, in law, to order

cancellation, revocation or other variation of existing licences or those that are under consideration. Therefore, the Task Force

makes its recommendations to the extent that the same will have the effect of guiding the officers/ offices that are by law mandated

to take such actions as are provided for in law.

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INTRODUCTION

The history of mining in Kenya dates back to the early 1930s when colonial companies made claims to precious and industrial

minerals in the country. However, it was not until 1940 that the Mining Act Cap. 306 was enacted to fully regulate the minerals

and mining sector. The Act has however been criticized for lacking mechanisms for regulating contemporary practices in the

mining sector. As such, several efforts have been made to bring the Act in line with global best practices in the sector. These

efforts have recently been given impetus with the enactment of the new Constitution of Kenya and the need to align all legislative

and policy frameworks to it. Similarly, the process of developing a Minerals and Mining Policy for Kenya started in 2001 for the

effective management of the minerals and mining sector. The proposed policy envisages the enactment of a transparent legislative

framework that is consistent with the provisions of the 2010 Constitution. Its important to note the the current Bill in Parliament is

not anchored on any policy framework.

The Ministry of Mining is the principal regulatory and administrative body charged with the responsibility for developing policy

for Kenya’s mining sector. In 2012 the Ministry of Environment and Mineral Resources published a draft Geology Minerals and

Mining Bill which aims to revitalize the mining sector by ensuring transparent and efficient management, benefit sharing and

dispute resolution.

The Constitution of Kenya 2010 under Article 62 defines all minerals, which are by their nature below the surface, as part of

Public Land and vests them in the National Government. Furthermore, it provides for the sustainable exploitation, utilization,

management and conservation of the environment and natural resources and equitable sharing of the accruing benefits. The

development of a vibrant mineral and mining policy and law will form a strong foundation, which, it is hoped, will transform the

mineral sector in the country thus enabling it to materially contribute to the national economy.

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Mining in Kenya has been dominated by the production of a variety of industrial minerals such as soda ash, limestone and

fluorspar. The Government intends to carry out a survey to map potential mining deposits of various kinds across the country. This

will enable the Government to efficiently manage the nation’s resource potential and determine the relevant revenue frameworks

while attracting local and foreign investments.

Although the mineral sector currently contributes less than 2% of the GDP it nevertheless generates a reasonable amount of

revenue and it plays a key role in economic development and can become one of the highest income earners and foreign currency

generators for the Government as has been evidenced in countries such as Tanzania.

Kenya has, and is proving to have, enormous potential within the mining sector. The challenge for the Government is to ensure

that the legal and regulatory framework strikes a balance between national interests whilst encouraging local and foreign

investments.

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THE TYPES OF LICENCES

The Ministry is mandated by the Government of Kenya to licence and regulate exploration, extraction and exploitation of minerals

in Kenya. Its is also charged with handling concession applications and carrying out inspections on activities of the various entities

licenced to prospect, extract and exploit minerals in Kenya.

The different types of licences that can be issued as indicated in the Mining Act are divided into two categories; those for

exploration and those for mining (extraction). The licences issued for exploration are as follows:-

a) Mining Location

b) Exclusive Prospecting Licence

c) Special Licence

A location that is a ‘Mining Location’ is made up of claims. A claim is allowed over an area of less than 200m by 250m, and the

annual fees are currently KES. 100/= (Kenya Shillings one hundred). A location can have a maximum of ten (10) claims and one is

allowed a maximum of eight (8) locations in any one given administrative district. For an Exclusive Prospecting Licence (EPL)

and a Special Licence (SL), the fee is currently KES. 250/= per square kilometre subject to a minimum of KES. 10,000 (Kenya

Shillings ten thousand). The other additional costs include county council single business licences and consent fees, and landowner

compensation expenses, which currently are not standardized.

In order to mine, the licencee will be required to acquire a mining lease. These mining lease fall into two categories:-

a) Mining Lease

b) Special Mining Lease

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The prerequisite for obtaining these leases includes preparation of a mine feasibility report, undertaking an Environmental Impact

Assessment (EIA) Study in accordance with the requirement of the Environmental Management and Co-ordination Act No. 8 of

1999, submission of a cadastral survey of the area applied for and a work and expenditure programme.

Due to the high number of applications for various exploration/mining licences, the Ministry has established criteria for vetting

applications before they are forwarded to the Prospecting and Mining Licensing Committee (PMLC) for consideration. Depending

on the documents accompanying the application; the application may be recommended for either:-

Approval of the whole area applied for;

Approval of partial area applied for in case of partial overlap with a previously granted licence or lease

Deferment in case the application lacks the required documents and the application being younger than six (6) months from the

date of lodgement with the Commissioner of Mines and Geology as was the resolution of a PMLC meeting gazette or is

overlapping wholly an extant title or an area applied for earlier.

Rejected if the Application is not in accordance with the provisions of the Mining Act Cap 306 Laws of Kenya or is inside areas

closed to prospecting and/or mining vide a publication in the Kenya Gazette or is overlapping wholly an extant title or an area

applied for earlier.

Out of the 43 files reviewed by the Task Force:

a) Four (4) were applications/ licences for Mining Locations (MLn)

b) Two (2) were applications/ licences for Exclusive Prospecting Licences

c) Thirty Five (35) were applications/ licences for Special Licences; and

d) Two (2) were applications/ licences for Mining Leases.

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THE PROCESS

In discharging our mandate above the Task Force adopted an approach that combined a desk review of all records relating to each

of the applications/ licences as well as a review of written submissions that were made by the affected companies and individuals.

The Task Force reviewed the below forty three (43) files and made the below findings in each individual file. The summary of

each file is given below and the comprehensive review of each individual file is given in the appendix to this report.

SUMMARY OF FINDINGS

After reviewing the 43 files and 22 submissions, the Task Force arrived at the following findings:

1. That out of the 43 files, 28 were still at various stages of consideration for different types of licences and only 15 had been

issued with licences.

2. That licences had been issued in some cases even where the requirements that are spelt out in the law (the Mining Act)

were not met. In particular:

a) Whereas possession of a valid Prospecting Right is a requirement for the issuance of Exclusive Prospecting Licences

(EPLs) and Special Licences, some licences were issued where the applicants did not have valid PRs;

b) In some instances, licences were issued to entities that at the time of application for the said licences were not

incorporated and neither possessed a Certificate of Incorporation nor a business name registration.

c) Even though the consent of the local County Council is a requirement many licences were issued in the absence of the

said consent or on the strength of outdated consent that was given, in some cases, as much as 20 years before the date

of the present application;

d) Some licences were issued even though financial capability was not demonstrated by the applicant and in some

instances no financial documents are supporting the documents as required by law.

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e) County Council consent given in respect of one location (district/county) were used in support of applications for

licences in another location (district/county).

f) Where land owners’ consent was a precondition to issuance of licences, some applicants submitted letters purportedly

written by local Chiefs or sub-Chiefs but not verifiable.

g) In some situations, licences were issued without proof that the statutory fees had been paid or on the strength of Mining

Deposits for a different licence.

3. Where the law did not impose mandatory requirements, there were cases in which the rationale for the exercising of

discretion by the issuing authority was not evidenced thus leaving no option but to conclude it was not exercised

responsibly. For instance, some licences were issued in situations where there was no proof of the applicant’s ability to put

them to use and where the intention appeared speculative. In many cases, the applicants did not demonstrate adequate

financial capacity.

4. Some licences were in some situations issued in respect of large areas of land when the programme of work and

expenditure proposal did not justify such awards.

5. Applicants submitted County Council Consent from areas that did not have jurisdiction as the land fell outside the same.

That consent was used to award licences contrary to laid down guidelines.

6. Some applicants were informed of a PMLC meeting to be held in June of 2013 during which their applications would be

considered even though their applications were considered, and in some instances granted, during the PMLC meeting of

the 31st January, 2013. However the Task Force was informed that the PMLC meeting of the 31

st January 2013 was not

organized as was usual, but suffered from weak preparation due to the short time allowed before the meeting. The reason

for such rapid organisation was not given and could be interpreted as being in order to favour certain applicants.

7. The PMLC of the 31st January 2013 that approved most of the licences refers to documents submitted which were not

submitted and are not on record.

8. Certain applications were considered despite disputes existing with landowners and/or parties claiming ownership of an

extant licence, and the same dispute being on record.

9. In some instances PMLC approved certain areas but from the license additional areas were granted sometimes not applied

for. And considered in the PMLC meeting.

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1. PENTAGON GEO EXPLORATION (FILE NUMBER M5688)

The Applicant, Pentagon Geo Exploration, applied for a mining location licence in two localities in Taita Taveta, Imani and

Fadhila. The licence for Fadhila was applied for on 8th

October 2012 whereas the licence for Imani was applied for on 30th

October

2012. The Mining Deposit slip is dated 18th

January 1981. On 1st April 2005, the landowner Eva Mkungusi of Mkuki Ranch

Company Limited granted the Applicant consent.

Imani and Fadhila sketch maps are on record and are both dated 8th

September 2012. In addition the Business Name Registration is

in the file. However, the tax compliance certificate was not on file.

The PMLC meeting was held on 31st January 2013. At the meeting it was recommended to award the two locations as applied for.

The licences were granted on 14th

March 2013, Imani having licence number 2289/1-10 and Fadhila 2290/1-8. Gazettement has

not been done yet and the certificate has not been issued.

FINDINGS: Upon review it was noted that in the application process all documents were submitted as required save for a tax compliance

certificate, which could not be established from the file.

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2. KAMRANGE ENTERPRISES

The Applicant applied for three mining location licences in the areas of; Kamrange on 12th

September 2012, Mwarage on the 30th

October 2012 and Sawe on the 3rd

December 2012. The locations are within Taita Taveta and Kwale. The Mining Deposit receipt

number is B2169325 and was issued for KES 2,000/-.

Reuben Micho of Mkuki Ranch issued consent to Mr. David Mwaniki Njoka for Kamrange and Mwarage locations. On 28th

October 2011, Kamrange Enterprises was issued with County Council Consent of Taita Taveta. However, no consent is held for

Sawe area, which is in Kwale. In addition it is on Trust lands thus the Consent from County Council of Kwale is mandatory.

The Prospecting Right number of Kamrange, Mwarage and Sawe is 12424, dated 20th

January 2012. Kamrange, Mwarage and

Sawe sketch maps are all in the file. A copy of the work program and expenditure proposal has not been submitted and neither

were bank statements.

Memorandum and Articles of Association are in the file together with Certificate of Incorporation number CPR/2012/85040 dated

1st October 2012. PMLC meeting was held on 31

st January 2013. It was recommended to award three locations in Kamrange

Mwarage and Sawe. The licence was granted on 18th

February 2013, with licence number 2282/1-4 for Kamrange, 2283/1-10 for

Sawe and 2284/1-10 for Mwarage.

FINDINGS: Upon review it was noted that in the application process all documents were submitted as required save for consent for Sawe

location from the Kwale County Council, which could not be established from the record.

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3. RAGHAV INDUSTRY LIMITED

The Applicant applied for a Mining Location licence on 23rd

August 2012 in Machakos. A Mining Deposit Receipt number

A8470028 for KES 2,000/- and Prospecting Right number 13487 were issued to the applicant on the same date. On 29th

August

2012, the County Council granted consent, while landowner’s consent was granted on 16th

July 2012 by the Mwiso Family.

Sketch map and schedule descriptions of the area are in the file. Memorandum and Articles of Association have been submitted

together with the Certificate of Incorporation CPR/2012/71522 dated 2nd

May 2012.

The PMLC meeting was held on 31st January 2013 and awarded the location as applied. Requisite fees of KES 400/- have been

paid. The Licence number Kalama 851/1-8 was granted on 11th

March 2013, though it has not yet been gazetted and the certificate

has not yet been issued.

FINDINGS: Upon review it was noted that in the application process all documents were submitted as required save for a tax compliance

certificate, which could not be established from the file.

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4. CATHERINE KIJILA MWAMUZI

The Applicant applied for a Mining Location Licence on 19th

September 2012 in Taita Taveta. Being Trust land consent was

granted by the County Council of Taita Taveta on 5th

December 2012, the land owner’s consent has however not been produced. A

Mining Deposit receipt number A8856709 for KES 2,000/- for Coast Province was issued. On 3rd

August 2012 a PR number

13804 was issued.

Sketch map and schedule description for the areas of Lukondo 1/1-10 and 2/1-10 are both in the file.

The PMLC meeting was held on 31st January 2013, and awarded the two locations but the certificates are yet to be issued. The fees

have been approved but are yet to be paid. The licence has not yet been issued nor has it been gazetted.

FINDINGS: The decision of the PMLC awarded Lukondo 1/1-10 and 2/1-10 but approval was granted for an additional location Mvono 1/1-10.

Upon review it was noted that the laid down process was not followed for Mvono location, further the tax compliance certificate

could not be established from the file.

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5. ABYSINNIA IRON AND STEEL LIMITED

On 9th

July 2012, the Applicant applied for an Exclusive Prospecting Licence in Mwingi. A Mining Deposit receipt number

9953581 and PR number 11983 were issued to the Applicant. No landowner consent has been granted, and even though the PMLC

minutes indicate that the consent was given it cannot be found on record. On 18th

November 2010 the County Council of Mwingi

granted consent.

The sketch map and work program are in the file but the work and expenditure proposal is only for KES 200,000/- for 120SQKM.

Bank statements have been issued by Diamond Trust Bank from 1st September 2010 to 30

th September 2010 with an opening

balance of KES 20,588,063.29 and closing balance of KES 11,115,626.28.

Memorandum and Articles of Association are in the file and Certificate of Incorporation CR/147/866 dated 23rd

November 2007

was changed from Everest Steel Limited on 2nd

October 2009.

The PMLC meeting was held on 31st January 2013 and approved a free area of 92 SQKM. No notification of gazettement was

given to the Applicant. Despite gazettement date being recommended no licence was issued.

FINDINGS: Upon review it was noted that in the application process all documents were submitted as required save for:

a) Tax compliance certificate

b) Landowner consent which could not be established from the file.

26 | P a g e

6. BOSMANS INVESTMENT LIMITED

The Applicant applied for an Exclusive Prospecting Licence on 24th

December 2012 in Mwingi and Kitui. On 20th

February 2012,

a PR number 13458 and a mining deposit receipt number A8469842 were issued. The County Council of Mwingi issued consent

on 6th

September 2012; similarly, landowner’s consents are in file.

The sketch and work in program are in the file and expenditure proposal is for KES100, 000/-. Chase Bank Limited has provided a

supporting opinion letter, even though PMLC minutes indicate a bank statement held.

Memorandum and Articles of Association are in the file together with a Certificate of Incorporation dated 20th

March 2009. Tax

compliance was produced and is dated 4th

June 2013.

PMLC meeting was held on 31st January 2013 and approved a free area of 152SQKM. Gazettement took place on 15

th March

2013, through Gazettement number 3461. On 24th

April 2013, Fees of 40,000/- were paid and receipt number C1583931 issued.

On 30th

April, a licence was granted through licence number EPA 276 and renewable for a maximum of five (5) years. The

Expenditure was capped at one million Kenya Shillings per annum.

FINDINGS Upon review it was noted that in the application process all documents were submitted as required save for a bank statement

referred to in the PMLC minutes which could not be found in the file.

27 | P a g e

7. WACHO INVESTMENT LIMITED

The Applicant applied for an Exclusive Prospecting Licence on 18th

January 2013 in Migori. The PR number 2601 was issued on

4th

February 2013, however it was not submitted with the application and neither was the mining deposit. There is no evidence of

the County Council or the landowner granting consent.

No work program was submitted, however the sketch map is in the file. On 13th

May 2013, fees were paid and receipt numbers

152350 and C1583475 issued. A bank statement from Commercial Bank of Africa was produced.

The Memorandum and Articles of Association are in the file, as well as the Certificate of Incorporation C/41702 dated 29th

November 1989. There was no tax Compliance Certificate.

The PMLC meeting was held on 31st January 2013 and approved a free area of 601 SQKM. Gazettement was done on 8

th March

2013 through Gazette number 3076. The Licence was prepared and signed and made effective the 14th

of May 2013 however was

not collected for the payment of stamp duty.

FINDINGS: Upon review it was noted that in the application process the following documents were not submitted:

a. Mining deposit receipt

b. County Council consent

c. Landowner consent

d. Tax compliance certificate

e. Work and expenditure programme.

28 | P a g e

8. GERMANO NGUNJIRI

The Applicant applied for an Exclusive Prospecting Licence on 14th

November 2012 in Kwale District. The PR number is dated 5th

November 2012. On 7th

November 1995, County Council of Kwale issued consent to the old Applicant but strictly for mining

locations, however landowner consent is missing.

The Sketch Map and work program are in file and expenditure proposal is for KES 500,000/- for 3SQKM. Requisite fees of KES

12,100/- have been paid. A bank statement form Equity Bank Limited for the period 19th

October 2012 to 19th

November 2012

with an opening balance of KES 2,194.70 and closing balance of KES 101, 334.70 is on record.

The PMLC meeting was held on 31st January 2013, and approved a free are of 3SQKM. Gazettement was done on 17

th May 2013,

through Gazette number 6707. The Licence certificate has however not been issued.

FINDINGS: Upon review of the record it was noted that in the application process the following documents were not submitted:

a. Mining Deposit receipt

b. Tax compliance certificate

c. Landowner consent.

29 | P a g e

9. TURKANA MINERAL EXPLORATION COMPANY

The Applicant of business registration number BN/2011/14/1716 applied for an Exclusive Prospecting Licence on 21st November

2011 in Turkana. A Mining Deposit receipt number B21696698 of KES 2,000/- and PR number 12304 was issued and paid for on

21st November 2012. On 31

st October 2011, consent from Tokurungalup Community leaders in Loima District was granted.

Furthermore, the County Council issued their consent on 2nd

November 2011.

The sketch map and work program are in file, with an expenditure proposal for KES 500,000/- for an area of 380SQKM. Bank

statements from CFC Stanbic Bank were produced from 21st July 2011 to 31

st December 2011.

The PMLC meeting was held on 31st January 2013 and approved for 380SQKM. On 8

th March 2013, it was gazetted under Gazette

number 3083. The licence certificate has not yet been issued.

FINDINGS: Upon review of the record it was noted that in the application process all documents required were submitted save for the tax

compliance certificate, which was not on file.

30 | P a g e

10. ANGLO AFRICAN RESOURCES

On 11th

September the Applicant applied for an Exclusive Prospecting Licence in Kilifi and Kwale. The Applicant received a

Mining Deposit receipt number A8024519 and PR number 13632 was issued to the Applicant. On 13th

August 2012, the

landowners granted their consent, And on 7th

September 2012 the Kilifi County Council issued their consent.

The sketch map and work program are in the file with an expenditure proposal of KES 55 Million for 598SQKM. The Applicant

used the accounts of Bilikisumer Kara and Daniel Crawford Miller at Citibank one of whom is a director.

The Memorandum and Articles of Association are in the file as well as the Certificate of Incorporation CPR/2012/79800 dated 24th

July 2012.

The PMLC meeting was held on 31st January 2013 and they approved a free area of SQ KM 598. It was gazetted on 28

th March

2013 through Gazette number 4170. On 15th

May 2013, KES 151,100/- was paid and receipt number 1233007 issued. The licence

documents have been prepared but were not signed or issued.

FINDINGS: Upon review it was noted that in the application process the following documents are not on record:

a. There was no consent granted by Kwale County Council only payment of Business permit for approval of mineral

prospecting

b. No tax compliance certificate

c. Bank statements are from individuals not all of whom are directors

31 | P a g e

11. AFRICAN LINE TRANSPORT (1259)

On 5th

September the Applicant applied for an Exclusive Prospecting Licence in Kwale Mwena Ngomeni. On 7th

March,

Prospecting Right number 13480 was issued. The Mining Deposit receipt number BS304480 dated 4th

June 2004 was issued in the

name of Ali Zubedi. On May 22nd

1998 Ali Zubedi received consent from Kwale County Council.

The sketch map and work program are in the file together with the annual expenditure estimated at KES.14 Million The Bank of

Africa and Dubai Bank statements are on file. The Memorandum and Articles of Association were submitted together with the

Certificate of Incorporation C.68774 dated 17th

January 1996.

The PMLC meeting was held on 31st January 2013, and it approved the free area of 27SQKM. The licence was gazetted on 8

th

March 2013 through Gazette number 3080. On 26th

April 2013, a fee of KES 12,100/- was paid and receipt number C.1583947

was issued. The licence certificate is yet to be signed and issued.

FINDINGS: Upon review it was noted that in the application had the following issues:

a) County Council consent not in the name of the company

b) Landowner consent not in the name of the company

c) Mining Deposit receipt not in the name of the Company but in the name of Ali Zubedi.

d) No tax compliance certificate in the file.

32 | P a g e

12. AFRICAN LINE TRANSPORT (1203)

On 13th

March 2012, the Applicant made an application for an Exclusive Prospecting Licence in Kwale. On 7th

March a

Prospecting Right Number 13480 was issued. The Mining Deposit Receipt number BS304480 dated 4th

June 2004 was issued. On

May 22nd

1998 consent from Kwale County Council was granted.

The Sketch map and work program are in the file with Annual Expenditure estimated at 14 Million. Bank of Africa statement was

issued from13th January 2012 to 31st January 2012. The Memorandum and Articles of Association were submitted together with

the Certificate of incorporation C.68774 dated 17th

January 1996.

The PMLC meeting was held on 31st January 2013, and approved a free area of 39.7SQKM. Gazettement was done on 8

th March

2013 under Gazette number 3078. On 14th

May 2013, the Special Licence Number 360 was granted.

FINDINGS Upon review it was noted that in the application had the following issues:

a) County Council and Landowner consent not in the name of the company

b) Mining deposit receipt not in the name of the Company but in the name of Ali Zubedi.

c) No tax compliance certificate in the file.

33 | P a g e

13. REGIONAL BARGAINS LIMITED

On 1st November 2012, the Applicant applied for an Exclusive Prospecting Licence in Kilifi. On 7

th August 2012, the Applicant

was issued with PR number 13808 and Mining Deposit receipt number A9856724. On 27th

August 2012 consent from the County

Council of Kilifi, was granted. Consent of various landowners was granted and are in file.

The sketch map was submitted, however the work program was not. Diamond Trust Bank issued bank statements dated 19th

June

2012 to 25th

June 2012 and 1st July 2012 to 31

st July 2012. The Memorandum and Articles of Association are in the file together

with the Certificate of Incorporation C.92131, dated 7th

September 2000. Tax compliance dated 24th

July 2012 has been produced.

The PMLC meeting was held on 31st January 2013, and approved free area of 117.1SQKM. On 8

th March 2013, gazettement was

done through Gazette number 3084. On 24th

April 2012, a fee of KES 31,375/- was paid and receipt number C.1583924 was

issued. It cannot be ascertained whether a licence was issued or not.

FINDINGS: Upon review of the record it was noted that in the application process all documents required were submitted save for the work

program expenditure document was not on record.

34 | P a g e

14. AQ LIMITED (1268)

On 5th

November 2012, the Applicant applied for an Exclusive Prospecting Licence in the areas of Ugunja and Butere. PR number

12660 and the Mining Deposit receipt were issued to the Applicant. On 12th

February 2013 to 18th

February 2013, various

landowners issued 11 sets of consents. After the PMLC meeting held on 31st January 2013 the County Council of Butere –

Mumias granted their consent on 25th

February 2013.

The sketch map and work program have both been submitted, though it has not been signed nor dated. The statement of the bank

cannot be confirmed as it has no bank name, it is however dated 1st February 2013 to 28

th February 2013, The Memorandum and

Articles of Association are in file. Certificate of Incorporation number CPR/ 2010/29291 dated 16th

August 2010 was submitted.

PMLC meeting was held on 31st January 2013 and approved subject to submission of local ownership of 35% equity; the letter

provided is dated 1st March 2013. No gazettement has taken place and the licence has not been issued.

FINDINGS: Upon review it was noted that in the application process the following documents were not submitted:

a. Bank statements

b. Tax compliance certificate.

35 | P a g e

15. GICHOYA MINES LIMITED

On 21st May 2012, the Applicant applied for a n Exclusive Prospecting Licence in Samburu. PR number 12401 and the Mining

Deposit receipt number AE212004 was issued to the Applicant. On 5th

February 1990 the County Council of Samburu issued

consent. The Assistant Chief through a letter dated 25th September 2011 issued landowner’s consent.

The sketch map and work program have been submitted with expenditure amounting to KES 500,000/. The documents have been

signed but are not dated. Bank statements from Co-operative Bank were submitted, as well as a letter dated 21st November 2012

from exporters stating that they are the financiers.

The Memorandum and Articles of Association are in the file together with the Certificate of Incorporation C.159244 dated 4th

August 2008. The tax compliance has not been submitted although a PIN certificate was.

The PMLC meeting was held on 31st August 2012 and approved a free area of 39SQKM. On 8

th March 2013, gazettement was

done through Gazette number 3085. On 24th

May 2013, Fees of KES 12,100/- was paid and receipt number 1233066 was issued.

The licence has not yet been issued.

FINDINGS: Upon review it was noted that in the application process the following documents were not submitted:

a. Tax compliance certificate

b. Land owner’s consent.

36 | P a g e

16. MADINI MINING COMPANY LIMITED

On 7th

November 2012, the Applicant applied for an Exclusive Prospecting Licence in Kwale. PR number 12675 was issued to the

Applicant. The Applicant received a Mining Deposit receipt number C.0455847. On 14th

October 2012 consent was granted by the

County Council of Kwale.

The sketch map is in the file and work program has been submitted with the expenditure estimated at KES 1.5M, they are however

not signed nor are they dated. Statements from Equity Bank were issued from 10th

January 2013.

The Memorandum and Articles and Certificate of Incorporation number CPR/2012/88606 dated 15th

November 2012 have been

submitted.

The PMLC meeting was held on 31st January 2013, and approved a free area of 20SQKM. On 12

th April 2013 Gazettement was

done, through Gazette number 4948. The licence has not yet been issued.

FINDINGS: Upon review it was noted that in the application process all documents as required were submitted save for the following:

a. Tax compliance certificate

b. Land owner’s consent

37 | P a g e

17. M-BENISA ENTERPRISE COMPANY

On 7th

December 2012, the Applicant of Business Registration Number BN 2012/ 197436 applied for an Exclusive Prospecting

Licence in Kuraze, Kwale. The Applicant was issued with PR number 12775 and a Mining Deposit Receipt number C.1233530.

On 15th

January 2013, the Mwanakombo family (the land owners) issued their consent. On 20th

December 2012 the County

Council of Kwale granted their consent.

The sketch map for Kuraze Kwale and the work program have been submitted. The expenditure is for KES.1.5M. Equity Bank

issued bank statements dated 10th

December 2012 to 10th

January 2013, the opening balance being KES 1,150,280 and closing

balance KES 1,845,190. The Tax Compliance Certificate is available under KRA/17/042030/2012. The company is not a limited

liability company. The business name is under partnership of Mbwawi Ali Warrakah and Matthew Antont.

The PMLC meeting was held on 31st January 2013, and approved a free area of 7.6SQKKM. On 5

th April 2013, Gazettement was

done under Gazette number 4438. The fees have not yet been paid and licence not issued.

FINDINGS: This Application and Gazettement was effected in accordance with laid down laws and procedures under the Mining Act save that

no partnership deed was on record.

38 | P a g e

18. PROSPECTING COMPANY OF KENYA LIMITED

On 13th

December 2012, the Applicant applied for an Exclusive Prospecting Licence in Migori. PR number 7139 and the Mining

Deposit Receipt number C.104100 were issued to the Applicant. On 15th

November 2012 Migori County Council issued consent

and the landowners consent was submitted.

The Sketch map for 55SQKM and work program have been submitted for expenditure for KES 2,155,000M. Prime Bank Limited

issued bank statements dated 1st August 2012 to 22

nd September 2012 with an opening balance of KES 0 and closing balance of

KES 98,500.

The Memorandum and Articles of Association have been submitted along with the Certificate of Incorporation CPR/2012/71973

dated 20th

April 2012. There was no tax compliance but a PIN certificate was submitted.

The PMLC meeting was held on 31st January 2013, and approved a free area of 71 SQKM. On 14

th June 2013, it was gazetted

through Gazette number 8245. The fees have not been paid and the licence has not been issued.

FINDINGS: The Application and Gazettement was done in accordance with laid down laws and procedures save for the tax compliance

certificate, which was not on record.

39 | P a g e

19. SUPER GROW LIMITED

On 24th

December 2012, the Applicant applied for an Exclusive Prospecting Licence in the areas of Kwale and Kilifi. The

Applicant was issued with PR number 12769 and Mining Deposit Receipt number C.1233510. On 1st November 2012, consent

was issued by ADC-Galana/Kulalu ranches. The Malindi County Council consent issued on 7th

December 2012but it is yet to be

confirmed.

The Sketch map and the work program are in the file and the Annual Expenditure proposal is for KES 300,000. On 21st December

2012, a bank opinion was issued by Chase Bank Limited. The Memorandum and Articles have been submitted along with the

certificate of incorporation CPR2012/91814. The Tax compliance Number KRA17/002229 is dated 16th

January 2013.

The PMLC meeting was held on 31st January 2013, and approved a free area of 705 SQKM Kilifi. On 15

th March 2013,

gazettement was done through Gazette number 3462. Fees of KES 178,350 were paid and receipt number C.1583920 dated 24th

April 2013 was issued to the Applicant. On 30th

April 2013, licence number SL361 was issued.

FINDINGS: The following issues were identified:

a. Certificate of Incorporation was issued from the Registrar of Companies on 27th

December 2012 but was indicated as

having been received by the Commissioner of Mines on 24th

December. Therefore at the time of application the company

did not possess a certificate of incorporation and therefore was not registered.

40 | P a g e

20. R.K.SANGHANI

On 6th

July 2011, the Applicant applied for an Exclusive Prospecting Licence from the area of Kilifi. PR number 12017 and

Mining Deposit Receipt number X068995 were issued to the Applicant. Consent by Kilifi County Council and the landowners

ADC Galana/Kulalu ranches has been granted.

On 9th

August 2004, the Business name was registered under number 399235. The sketch map and work program have been

submitted. Prime Bank Limited issued bank statements dated 25th

May 2011 to 2nd

June 2011 with an opening balance of KES

12,116,463.125 and closing balance of KES 9,767,931.65.

The PMLC meeting was held on 31st January 2013, and approved a free area of 633.5SQKM. Gazettement was not done. The fees

were not paid and licence not issued.

FINDINGS: The Application was in accordance with laid down laws and procedures save for the tax compliance certificate, which was not

submitted.

41 | P a g e

21. ALLISON HOLDINGS LIMITED

On 22nd

January 2013, the Applicant applied for an Exclusive Prospecting Licence in the area of Migori. The Mining Deposit

Receipt number and the PR copy were in the file. Consent of various landowners, dated 1st February 2013 was granted and is

contained in the file. On 14th

February 2013, consent was issued from the Municipal Council of Kehancha but no consent from

Narok County is held.

Sketch map was submitted but the work program was not in the file. CFC Stanbic Limited issued bank statements under the name

of Solomon Mwanga Luta dated 28th

December 2011 to 6th

June 2012, with an opening balance of KES 135,000 and closing

balance of KES 1,012,569.31.

The Memorandum and Articles of Association were submitted and the Certificate of Incorporation CPR/2011/39865 is dated 26th

January 2011. No tax compliance in the file but a PIN certificate Number: P0513528404 was presented.

The PMLC meeting was held on 31st January 2013, and approved a free area of 304.5SQKM instead of the 37SQKM applied for.

On 8th

March 2013, gazettement was done, through gazette number 3082. On 15th

May 2013, the fees of KES 78,225 were paid

and receipt number C.1583499 was issued. On 15th

May 2013, licence number SL 363 was issued.

FINDINGS: Upon review it was noted that in the application process the following documents are not on record:

a. Tax compliance certificate

b. Work and expenditure program

c. Consent from Narok County

Further, the following was noted:

a. Approved for more than the free area applied for (304.5 SQKM versus 37 SQKM applied for)

b. Only applied for Migori County but gazetted for both Migori and Narok.

42 | P a g e

22. NOBIS COMPANY LIMITED

The Applicant applied for an Exclusive Prospecting Licence in the Kilifi/Galana Area for mining of manganese and other base

metals. A Licence was issued for a free Area of 455SQKM. Sketch map was submitted with the work program.

The Memorandum and Articles have been submitted and the Certificate of Incorporation is dated 6th

June 2008. No tax compliance

but a PIN certificate has been presented.

FINDINGS Upon review it was noted the following documents were not on record:

a. Tax Compliance certificate

b. Consent from County Council of Kilifi but a Single Business Permit from County Council of Kilifi.

43 | P a g e

23. DANGOTE QUARRIES KENYA LIMITED

The Applicant applied for an Exclusive Prospecting Licence in Kilifi County. PR number 12618 and a Mining Deposit Receipt

number C.1233716 were issued to the Applicant. On 21st December 2012, the Kilifi County Council issued its consent and consent

from various landowners is attached in the file.

The Sketch map and the work program have been submitted and the expenditure is for KES 10M.

Zenith Bank Lagos issued bank statements for Dangote Cement PLC from 4th

September 2012 to 18th

December 2012 opening

balance is 42,927, 913.91 and closing balance 45,918,368.81 – the currency of these bank statements is not clear.

Memorandum and Articles of Association have been submitted as well as Certificate of Incorporation CPR/2012/90214 dated 4th

December 2012.

The PMLC meeting was held on 31st January 2013. Gazettement was done through Gazette number 3078. On 24

th April 2013, the

fees of KES 13,685 were paid and receipt number C.1583929 was issued. The licence has been signed but has not been collected

and licence number has not been issued, as stamping has not been done.

FINDINGS Upon review the following issues were noted from the record:

a. No Tax Compliance on record

b. Bank Statement is from a foreign company, Dangote Cement PLC and not the entity applying for the

Licence

c. The 35% equity condition had not been complied with

d. PMLC approved 0.72 SQKM but the gazettement was for two (2) blocks –Block A 6.75KM2 and

Block B 39.59 SQKM

44 | P a g e

24. WAHDAH INVESTMENTS LIMITED

On 21st January 2013 the Applicant applied for an Exclusive Prospecting Licence in the area of Tana River. PR number 12639 and

Mining Deposit Receipt number C1233819 were issued to the Applicant. The consent from the County Council of Kilifi and that

of the landowners are not in the file.

The sketch map has been submitted, however, the work program is not in the file. The bank statements are also not in the file.

The Memorandum and Articles of Association have been submitted with names of directors and shareholders along with

Certificate of Incorporation CPR/2012/90763 dated 10th

December 2012. The Tax compliance certificate can be found under

KRA/17/002959/2013 and is dated 22nd

January 2013 and the PIN certificate P051401604Y has been submitted.

The PMLC meeting was held on 31st January 2013, and stated that the work program, application forms in triplicate and written

consent from Kilifi were submitted. In addition they approved a free area of 161.55SQKM and it is indicated as Kilifi even though

it is in Tana River. Gazettement was not done. The fees have not been paid and the licence has not been issued.

FINDINGS Upon review the following documents were not submitted:

a. Work and expenditure programme

b. Consent from County Council of Tana River

c. Landowners consent

d. Bank statements.

45 | P a g e

25. POTTERMARK ENTERPRISE LIMITED

On 19th

December 2012, the Applicant of Business Registration Number 363783 applied for an Exclusive Prospecting Licence in

Kwale County. The Mining Deposit Receipt Number C. 0455776 and PR number 12659 were issued to the Applicant. Several

landowners issued their consents dated 25th

January 2013. There is no consent shown by the County Council just a single business

permit from the County Council of Kwale.

Sketch map and the work program have been submitted and the Annual Expenditure is estimated at KES3.2M.

Barclays Bank issued bank statements on 1st April 2012 to 19

th December 2012, with an opening balance of KES 41630.10 and

closing balance of KES 7400.10. The Tax Compliance certificate number KRA/17/033167/2012 is dated 16th

April 2013.

The PMLC meeting was held on 31st January 2013, and approved a free area of 529SQKM. On 22

nd March 2012, Gazettement was

done through gazette number 3869. The fees have not been paid and the licence not issued.

FINDINGS: Upon review the following issues were noted:

a. Tax Compliance Certificate is dated after the PMLC

b. No consent from the County Council but a single business permit from the County Council of

Kwale.

46 | P a g e

26. MINERAL VENTURES LIMITED

On 11th

January 2013, the Applicant applied for an Exclusive Prospecting Licence in Migori County. A Mining Deposit Receipt

number C.1233726 and PR number 13076 was issued to Tito Otindi who is acting as an agent of the company. On 31st January

consent was issued by Homa Bay County Council and although undated, several landowners’ consents are contained in the file.

The sketch map and the work program have been submitted with an expenditure of KES 15M. Imperial Bank Limited issued bank

statements in the name of Paul Oganga Mikero who is not a director. The bank statements are dated 1st November 2012 to 10

th

January 2013 with an opening balance of KES -232.59 and a closing balance of KES 720,751.20.

The Memorandum and Articles of Association and Certificate of Incorporation number CPR/2012/76601 dated 15th

June 2012 are

in file. The Tax Compliance certificate number is KRA1;67/012998/2012 dated 25th

July 2012.

The PMLC meeting was held on 31st January 2013, and approved a free area of 79.5QKM in Migori County. On 8

th March 2013,

the Gazettement was done through Gazette number 3081. On 24th

April 2013, fees of KES 21,975 were paid. The licence number

357 was issued on 30th

April 2013.

FINDINGS: Upon review the following issues were noted:

a. The bank statements are from third parties

b. Consent from County Council dated after the PMLC meeting

c. Consent from the landowners were received after the PMLC meeting and are undated

47 | P a g e

27. M-BENISA LIMITED

On 28th

January 2013, the Applicant applied for an Exclusive Prospecting Licence in Kwale. On 18th

January 2013, Wesley

Mukono Masinde, agent of M-Benisa was issued with PR number 12635 and a Mining Deposit Receipt number C.1233777. The

County Council did not issue their consent and neither did the landowners.

The Sketch map has been submitted however the work program is not in the file. The Bank statements were not submitted.

The Memorandum and Articles of Association have been submitted and the Certificate of Incorporation CPR/2013/92117 dated 4th

January 2013.

The PMLC meeting was held on 31st January 2013, and approved a free area of 0.8SQKM. On 5

th April 2013, Gazettement was

done under Gazette number 4439. The fees have not yet been paid and licence not granted.

FINDINGS: Upon review the following documents could not be found on the record:

a. County Council consent

b. Landowner consent

c. Bank statements

d. Work and expenditure program

e. Tax compliance certificate.

48 | P a g e

28. BASE TITANIUM LIMITED

On 31st December 2012 the Applicant applied for an Exclusive Prospecting Licence in Kwale County. PR number 13745 was

issued to Scott Stewart Corrithers, together with Mining Deposit Receipt number A7415506. The County Council has not given

their approval and on 20th

December 2012, several land owners issued their consent.

Sketch map for 8.59Km2 and work program have been submitted, expenditure is not included. There is a consolidated financial

statement from the holding company. The Memorandum and Articles of Association and the Certificate of Incorporation

CPR/2010/21827 dated 23rd

April 2010 have been submitted.

The PMLC meeting was held on 31st January 2013, and approved a free area of 8.59SQKM subject to proof of 35% local equity.

However the applicant was issued with a letter dated 25 June 2013 informing them that their application would be considered at

the next PMLC meeting, but their application had been discussed and approved at the January 2013 PMLC. No Gazettement was

done. The fees have not been paid and licence has not been issued.

FINDINGS: Upon review the following documents were not on record:

a. Expenditure program

b. Tax compliance certificate.

c. Also it was indicated that the application was to be considered in the PMLC of the 30th

June yet

the application was considered on the 31st January 2013

49 | P a g e

29. NETSOL ENGINEERING LIMITED

On 21st December 2012, the Applicant applied for an Exclusive Prospecting Licence in Kwale County. PR number 10395 was

issued to George Towey of Fly East Limited as well as the Mining Deposit Receipt A8024523. On 23rd April 2013, consent was

granted after approval by Lunga Lunga Ranching D.A Company Limited through a lease agreement dated 23rd

April 2013 (after

PMLC approval). The consent was granted by County Council of Kwale on 6th

November 2012

The sketch map and work program has been submitted and the expenditure of KES 2.5M was received on 24th

May 2013 after

approval. Consolidated Bank issued statements dated 1st May 2012 to 20

th November 2012 with an opening balance of KES CR

30,332,863.37 and a closing balance of KES DR 40,481,385.08. Memorandum and Articles of Association have been submitted,

together with Certificate of Incorporation CPR/2012/82202 dated 22nd

August 2012.

The PMLC meeting was held on 31st January 2013, and approved a free area of 29.0SQKM. Gazettement was not done. The fees

were not paid and the licence not issued.

FINDINGS: Upon review the following issues were noted:

a. No Tax compliance certificate

b. Land owners consent was obtained after approval of the application

c. The expenditure program was received after PMLC approval.

d. The applicant was issued with a letter dated 12th

July informing them that their application would be

considered at the next PMLC meeting, but it had already been reviewed and approved in January 2013

50 | P a g e

30. NUBBON LIMITED

On 10th

January 2013, the Applicant applied for an Exclusive Prospecting Licence in the area of Transmara South Lolgorean. The

Applicant was issued with Mining Deposit Receipt number C.1233724 and PR number 12619. No consent document was issued

but a single business permit by the County Council of Transmara dated 16th

January 2013. No landowners’ consent is held.

The sketch for 544km2 was submitted, however the work and expenditure program was not.

Diamond Trust Bank issued bank statements for and unrelated entity, Three Worlds Limited dated 1st October 2012 to 28

th January

2013 with an opening balance of KES 995,819.79 and a closing balance of KES 38,988.17.

Memorandum and Articles of Association have been submitted and Certificate of Incorporation CPR/2010/17366 dated 2nd

February 2010. The PMLC meeting was held on 31st January 2013, and approved a free area of 456SQKM. Gazettement was

done. The fees have however not been paid and the licence not issued.

FINDINGS: Upon review the following issues were noted:

a. No work and expenditure program in file

b. The bank statements are for an unrelated party

c. No landowner consent

d. No County Council consent but a business permit

e. No tax compliance certificate.

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31. BARAKA MINING AND MINERAL LIMITED

On 18th

April 2012, the Applicant applied for an Exclusive Prospecting Licence in Kwale County. PR number 13513 was issued to

Elizabeth Wanjiru Kinyanjui. The Mining Deposit Receipt Number is not in the file, the same is being looked into. The

landowners consent and that of the county council are not enclosed in the file. The sketch has been submitted, but the work and

expenditure program was not. The Bank statements, Memorandum and Articles of Association, Certificate of Incorporation and

Tax Compliance certificate are not in the file.

The PMLC meeting was held on 31st January 2013, and approved a free area of 2SQKM. Gazettement was not done. The fees

have not been paid and the licence not issued.

FINDINGS: Upon review the following issues were noted:

a. No work program and expenditure program held

b. No County Council consent held

c. No landowner consent held

d. No bank statements held

e. No Memarts and Certificate of Incorporation held

f. No tax compliance certificate held

g. No mining deposit receipt held

h. A complaint dated 8th

May 2013 from Joseph K. Mbiriti about Baraka Mining prospecting in his

mining location is on file, including previous complaints from May and December 2012.

52 | P a g e

32. PERPETIUSINTERNATIONAL INVESTMENTS LIMTED

On 11th

January 2013, the Applicant applied for an Exclusive Prospecting Licence, in Taita Taveta. A Mining Deposit Receipt

number A.9856819 and PR number 13284 were issued to Margaret Mkanjala Ngugi. On 28th

December 2012, the Chief issued

consent via a letter, which is enclosed in the file but was received on 01 Feb 2013, after the PMLC meeting. Consent from Taita

Taveta County Council was issued on 30th

January 2013.

The sketch map and work and expenditure program have been submitted and expenditure is for KES 2.5M. Standard Chartered

Bank issued bank statements for Margaret Mkanjala Ngugi, a director, dated 1st November 2012 to 31

st January 2013, with an

opening balance of KES 41,203.40 and closing balance of KES 34,190.50.

The Memorandum and Articles of Association have been submitted together with the Certificate of Incorporation CPR2012/89570

as well as PIN certificate no. P0514083256.

The PMLC meeting was held on 31st January 2013, and approved a free area of 400SQKM and cadastral correction at

328.38KM2. Gazettement was not done. The fees have not been paid and the licence not issued.

FINDINGS: The Application was in accordance with laid down laws and procedures save for the tax compliance certificate, which was not

submitted.

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33. MR.COLLIN KIPRONO BETT

On 28th

January 2013, the Applicant applied for an Exclusive Prospecting Licence in Uasin Gishu. A Mining Deposit Receipt

number C.1233769 and PR number 12633 were issued to the Applicant. No consent was issued by the County Council however a

single business permit from the County Council of Wareng’ was issued. Several landowners’ consent dated 22nd

January 2013 are

enclosed in the file.

Sketch map for 38SQKM and work and expenditure program have been submitted, the expenditure is for KES 2.55M.

Cooperative Bank of Kenya issued bank statements dated 1st October 2012 to 31

st October 2012 with an opening balance of KES

196,908.50 and a closing balance of KES 140,249.75.

The PMLC meeting was held on 31st January 2013, and approved a free area of 37SQKM. On 8

th March 2013 gazettement was

done through Gazette number 3086. The fees of KES 12,100/- have been paid and licence number 359 was granted on 14th

May

2013.

FINDINGS: The Application was done in accordance with laid down laws and procedures save for tax compliance certificate and consent

County Council.

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34. JULIUS GATIMU WAITHAKA

On 21st December 2012, the Applicant applied for an Exclusive Prospecting Licence in Kwale County. Mining Deposit Receipt

number BB.002295 and PR number 12794 were issued to the Applicant. Landowner consent is not in his name but in the name of

Lawrence Wanjohu Ngunjiri dated 18th

December 1995. There is a single business permit in the name of the Applicant dated 21st

May 2013.

Sketch map for 3Km2 and work program have been submitted and the expenditure is estimated at KES 1.15M. Barclays Bank

Limited issued bank statements in the name of Joseph Kinyua Waithaka dated 27th

March 2002 to 6th

August 2002 i.e. more than

10 years old.

The PMLC meeting was held on 31st January 2013, and approved a free area of 3SQKM. On 28

th March 2013 gazettement was

done through Gazette number 4169. A cheque is in the file for the fees payable, but the same is not receipted.

FINDINGS: After review of this file the following issues were noted from the record:

a. The bank statements are not in the applicant’s were more than 10 years old

b. Landowner consent not in the name of applicant

c. No Kwale County Consent only a Single Business Permit exhibited. However this business permit is

dated after the PMLC approval

d. No tax compliance certificate

e. There is a dispute over the area between the applicant and a Patrick Machua

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35. LILLIAN M GEMS

On 3rd

September 2012, the Applicant of Business Number 375288 applied for an Exclusive Prospecting Licence in Kwale

County. Mining Deposit receipt number BB.304403 together with PR number 13487 was issued to the Applicant. The landowner’s

consent has not been submitted, however on 5th

September 2012, single business permits by the County Council of Kwale were

issued.

The work program has been submitted and the expenditure is at KES 300.000. The sketch map is in the file though the application

for review of area is made but still pending approval. The letter is dated 28th

February 2013. The bank statements are not on

record.

The PMLC meeting was held on 31st January 2013 for review of the mining area, and approved a free area of 0.123SQKM.

Gazettement was not done. The fees have not been paid and the licence not been granted.

FINDINGS: After review of this file the following issues were issues were noted from the record

a. No bank statements on file

b. No County Council consent but a Single Business Permit is held

c. No landowner’s consent

d. No tax compliance certificate.

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36. ROBERT LEE STEERE E.A. LTD

On 28th

August 2012 the Applicant applied for an Exclusive Prospecting Licence in Turkana. PR number 13839 and Mining

Deposit Receipt Number A.9856868 were issued to the Applicant. List of names for the landowners consent is dated 17th

October

2012. The county council consent is enclosed in the file.

The sketch map and the work program have been submitted and the expenditure is for KES 1.2M. Commercial bank of Africa

issued bank statements dated 16th

July 2012.

The Memorandum and Articles of Association have been submitted along with the Certificate of Incorporation C.101086 dated

12th

November 2002.

The PMLC meeting was held on 31st January 2013, and approved a free area of 1000SQKM. On 15

th March 2013, Gazettement

was done through gazette number 3463. The receipt for fees is not in the file and the licence has not been granted.

FINDINGS: The Application was done in accordance with laid down laws and procedures save for tax compliance certificate, which was not

submitted.

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37. CARBACID (CO2) LTD

On 13th

September 2013, the Applicant applied for an Exclusive Prospecting Licence in Uasin Gishu. There was a lease from

Goodison Limited, which owns the land and is a subsidiary of the company. The lease is dated 29th

June 2011 and the EIA licence

from NEMA is dated 15th

August 2008.

The Sketch map and work program have been submitted and the expenditure is at KES 35M. Financial statements for 2011 and

company profile have been issued.

The Memorandum and Articles of Association and Certificate of Incorporation are on file.

The PMLC meeting was held on 31st January 2013, and approved a free area of 0.029SQKM; the Director of Surveys did not

approve the plan, as the co-ordinates were wrong. On 28th

March 2013, Gazettement was done through Gazette number 4168. The

receipt for fees is not in the file and the licence has not been granted.

FINDINGS:

After review of this file the following issues were noted from the record:

a. No County Council consent in file

b. The survey map not signed by Director of Surveys

c. No tax compliance certificate on file.

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38. MARGARET WAGOCHI MACHUA

On 16th

November 2001, the Applicant applied for an Exclusive Prospecting Licence in Kuraze, Kwale. A Mining Deposit Receipt

number AX94563 and the PR number 6751 were issued to the Applicant. There has been no consent from the landowner. On

record is consent from Taita Taveta Council dated 9th

September 1994 yet the area is in Kwale. The consent is in the name of

Benson M. Mwaganga.

The Sketch map and work program have been submitted and the expenditure is at KES 96,000. Bank statements were issued from

Equity Building Society from 1st December 2003 and to 31

st March 2004 with an opening balance of KES 0 and a closing balance

of KES 799,656.

The PMLC meeting was held on 12th

October 2004, and approved a free area 2SQKM. Gazettement took place on 21st January

2005, through Gazette number 317 for 0.6Sqkm for non-precious metals. A fee of KES 2,100 was paid on 1st February 2013.

Licence number SL 352 granted on 19th

February 2013.

FINDINGS: After review of this file the following issues were noted from the record:

a. Application is dated November 2001 but was taken to PMLC in January 2013

b. No consent from landowner on record

c. No consent from Kwale County Council

d. Consent on file is from the wrong county, Taita Taveta, and is not in the applicant’s name

e. No tax compliance

f. Bank statements are 10 years old

g. Gazettement was for non-precious metals although the application was for precious stones

59 | P a g e

39. NAPASS GEMS LIMITED

On 8th

October 2009, the applicant applied for an Exclusive Prospecting Licence in Dumbule, Kinango Kwale. PR number 11016

is enclosed in another volume the original being 7677/04. The Mining Deposit Receipt number is not in the file. Landowner’s

consent is dated 4th

April 2010. On 3rd

August 2009, Kwale County Council issued their consent

Sketch map and work program have been submitted. The bank statements are not in the file. PMLC meeting was held on 10th

August 2012, and approved free area of 32SQKM. Gazettement took place on 26th

October 2012 through Gazette number 15444.

The fees of KES 12,100 through receipt number C.1583585 dated 20th

February 2013 have been paid and on 28th

February 2013,

licence number SL 355 was granted.

FINDINGS: Upon review of the record the following issues were noted:

a. The bank statement on record is not in the name of the applicant

b. No tax compliance certificate

c. No mining deposit on record.

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40. PATHWAY MINING RESOURCES

On 18th

July 2012, the Applicant of Business Name Registration BN2012/161786 applied for an Exclusive Prospecting Licence in

Koibatek Baringo. The Mining Deposit Receipt number A.8470019 and PR number 13486 was issued to the Applicant. Several

landowners’ consent dated 25th

February 2012 is enclosed in the file. Furthermore, on 4th

July 2012, Koibatek County Council

issued their consent.

The sketch map and work program have been submitted with an expenditure of KES 5.9M.

Bank Statement from Wells Fargo is dated 30th

April in the name of Mark Baldin and Rosemary Moki who is also a partner in the

business name. The opening balance is USD 53,653.23 and the closing balance is USD 141,263.00

.

PMLC meeting was held on 10th

August 2012, and approved free area of 2SQKM; Gazettement took place on 16th

November

2012, through gazette number 16687. The fees of KES 12,100 through receipt number C.1233742 dated 15th

January2013 was

paid. On 25th

January 2013, licence number SL 350 was granted.

FINDINGS: Upon reviews review of the following issues were noted:

a. The bank statements are from a foreign bank

b. No tax compliance certificate in file.

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41. AQ KENYA LIMITED (1033)

On 7th

October 2010, the Applicant applied for an Exclusive Prospecting Licence in Turkana. The Applicant was issued with PR

number 11409 and Mining Deposit Receipt Number 9953571. Several landowner consent dated 4th

December 2010 have been

issued and are enclosed in the file. On 12th

February 2011 the County Council of Turkana issued their consent.

The sketch map and work program have been submitted. It cannot be ascertained which bank issued the statements though they

were issued in the name of AQ Kenya Limited and are dated 17th

July 2010 – 6th

October 2010 and show an opening balance of

KES 0 and a closing balance of KES 7,946,600.

The MemArts are in file and a Certificate of Incorporation CPR/2010/29291 dated 16th August 2010 have been submitted.

The PMLC meeting was held on 13 October 2011, and approved free area of 804SQKM.gazettement took place on 31st May 2012,

through gazette number 7534. A fee of 203,100 was paid on 25th

September 2012, under receipt number C. 0455531. On 19th

march 2013, the licence number SL353 was granted.

FINDINGS: Upon review of the record the following documents were not submitted:

a. Work and expenditure program

b. Tax compliance certificate.

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42. WANJALA MINING LIMITED

The Applicant applied for a Special Mining Lease over their Special Licence Number 251 on 2nd

June 2010 in Taita Taveta. The

Mining Deposit Receipt and PR number are enclosed in the older files. The Lease agreement dated 28th

March 2007 with County

Council of Taita Taveta,

Sketch map and feasibility of study is contained in the file. The Memorandum and Articles of Association and Certificate of

Incorporation are in file.

The PMLC meeting was held on 3rd

August 2010 and approved free area of 64SQKM In Kishushe Taita Taveta approved on the

basis of a proposed sponge iron plant. Gazettement has not been done. The fees have not been paid. On 27th

March 2013, Special

Licence Number 354 was granted.

FINDINGS:

Upon review of the record the following issues were noted:

a. No landowner consent

b. No bank statements

c. Disputes on the land

d. No tax compliance certificates

e. Licence issued but no evidence condition on sponge iron plant was met.

f. Licence type issued not in line with licences available for issuance

63 | P a g e

43. CORTEC MINING KENYA LIMITED** (legal case currently in court)

The Applicant applied in Kwale for a Special Mining Lease over their special mining licence number 256. There was no

application and there was no stamp. The Mining Deposit receipt and Prospecting Right number are not in the name of Cortec

Mining Kenya Limited.

FINDINGS: Upon review the Committee made the following observations:

a. In the PMLC, the Committee found that the initial issuance of SL256 had been imporperly issued and recommended

cancellation.

b. The Prospecting Right was not in the name of Cortec Mining Kenya Limited but in the name Harrie Kinoste Ndungu.

c. The County Council consent and the Mining Deposit Receipt were also in the name of Harrie Kinoste Ndungu and not in

the name of the Company.

d. Licence type issued not in line with those available for issuance under the Mining Act.

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CONCLUSION:

After reviewing the above and making our findings in each and every file, license or application, the Task Force recommends that

relevant appropriate authority should exercise their powers within the Act to ensure compliance with laid down law and

procedures.

SIGNED BY MEMBERS OF THE TASK FORCE

1. MOHAMED NYAOGA CHAIRMAN…………………………………………..

2. CAROLINE ARMSTRONG VICE CHAIRLADY………………………………..

3. FERHAN CHAUDRY MEMBER…………………………………………….

4. NAWAL SALIM MEMBER……………………………………………

5. ERASTUS LOKAALE MEMBER…………………………………………..

6. HASSAN HUSSEIN MEMBER………………………………………….

7. ELIZABETH ROTICH MEMBER…………………………………………………

65 | P a g e

APPENDIX 1: PENTAGON GEO EXPLORATION FILE NUMBER M5688 NON-PRECIOUS MINERALS

1. NAME OF APPLICANT Pentagon Geo Exploration file number M5688

2. TYPE OF LICENCE APPLIED FOR Mining Location ( in two locations Imani/1-10 and Fadhila 1-8) Taita

3. DATE OF APPLICATION 30th October 2012 and Fadhila was Applied 8th October 2012

4. LOCALITY Taita Taveta

5. MINING DEPOSIT RECEIPT 18th

January 1981

6. COPY OF PROSPECTING RIGHT PR Number 12095 of 9th October 2012 in file.

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Not Applicable

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Imani and Fadhila Sketch maps are on record both dated 8.10.2012

9. APPLICATION FORM IN TRIPLICATE Application form present

10. COPY OF BANK STATEMENT Not Applicable

11. LAND OWNERS CONSENT There is consent dated 1st April 2005 from Eva Mkungusi of Mkuki Ranch Company

Limited

12. MEMORANDUM AND ARTICLES N/A

13. CERTIFICATE OF INCORPORATION N/A

14. COUNTY COUNCIL CONSENT Consent in File

15. BUSINESS NAME REGISTRATION Yes in the File

16. ALL DOCUMENTS SUBMITTED? N/A

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Award two locations as applied

22. GAZZETTEMENT Not Applicable

23. GAZETTE NUMBER Not Applicable

24. GAZETTE DATE Not Applicable

25. FEES PAID Fees paid 1800

26. LICENCE GRANTED Yes

27. LICENCE NUMBER Imani-2289/1-10 and Fadhila 2290/1-8

28. LICENCE DATE 14th March 2013

29. FINDINGS Upon review it was noted that in the application process that all documents were submitted

as required save for a tax compliance certificate, which could not be established from the

file.

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APPENDIX 2: KAMRANGE ENTERPRISES NON-PRECIOUS MINERALS

1. NAME OF APPLICANT Kamrange Enterprises

2. TYPE OF LICENCE APPLIED FOR Mining Location (in three Mining Locations in Kamrange 1-4, Mwarage /1-10 and Sawe/1-10)

3. DATE OF APPLICATION Kamrange-12 September 2012, Mwarage 30th October 2012 and Sawe 3rd December 2012

4. LOCALITY Taita Taveta and Kwale

5. MINING DEPOSIT RECEIPT 2,000 for the Province number B2169325

6. COPY OF PROSPECTING RIGHT PR Number Kamrange-12424 of 20th January 2012, PR Number same for the other two

7. COPY OF WORK PROGRAM Not Applicable

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Kamrange Sketch in file in Mkuki Ranch, Mwarange Sketch Plan in File and Sawe Sketch map in file but in Kwale

9. APPLICATION FORM IN TRIPLICATE Yes in File

10. COPY OF BANK STATEMENT Not Applicable

11. LAND OWNERS CONSENT Consent Issued by Reuben Micho of Mkuki Ranch to Mr. David Mwaniki Njoka for Kamrange and Mwarange. There

is Council Consent of Taita Taveta to Kamrange Enterprises dated 28th October 2011. For Kwale which is trust land

Consent from County Council is required especially for Sawe Location. No consent for Kwale for Sawe Location.

Seems someone try to hide behind the other two applications as Sawe is in Kuraze Kwale County which is a trust land

and as such no consent was obtained.

12. MEMORANDUM AND ARTICLES Yes in File

13. CERTIFICATE OF INCORPORATION CPR/2012/85040 dated 1st October 2012.

14. COUNTY COUNCIL CONSENT No for Sawe Location thus the Licence is Invalid for want of consent

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? N/A

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Yes

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Award for three locations in Kamrange, Mwarage and Sawe, even though Sawe award is invalid.

22. GAZZETTEMENT Not Applicable

23. GAZETTE NUMBER Not Applicable

24. GAZETTE DATE Not Applicable

25. FEES PAID Fees paid 2400

26. LICENCE GRANTED Yes

27. LICENCE NUMBER Kamrange-2282/1-4, Sawe 2283/1-10 and Mwarange 2284/1-10

28. LICENCE DATE 18th February 2013

29. FINDINGS Upon review it was noted that in the application process that all documents were submitted as required save for consent

for Sawe location, which could not be established from the file.

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APPENDIX 3: RAGHAV INDUSTRY LIMITED NON-PRECIOUS METALS

1. NAME OF APPLICANT Raghav Industry Limited

2. TYPE OF LICENCE APPLIED FOR Mining Location( In one location Kalama 1-4)

3. DATE OF APPLICATION 23rd August 2012

4. LOCALITY Machakos

5. MINING DEPOSIT RECEIPT 2,000 for Eastern Province number A8470028 of 15 March 2012

6. COPY OF PROSPECTING RIGHT PR Number 13487 dated 15th March 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Not Applicable

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File

10. COPY OF BANK STATEMENT Not Applicable

11. LAND OWNERS CONSENT Land Owner Consent dated 16th July 2012 by the Mwiso Family but the consent is not consent at

all as it does not refer to the Company.

12. MEMORANDUM AND ARTICLES Yes in File. Directors are; Rajeev Kumar Gupta and Geetika Rajeev Kumar

13. CERTIFICATE OF INCORPORATION CPR/2012/71522 dated 2nd May 2012

14. COUNTY COUNCIL CONSENT County Council of Masaku 29th August, 2012.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? N/A

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Tax registration on file

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Awarded the Location as Applied.

22. GAZZETTEMENT Not Applicable

23. GAZETTE NUMBER Not Applicable

24. GAZETTE DATE Not Applicable

25. FEES PAID Fees Paid 400

26. LICENCE GRANTED Yes

27. LICENCE NUMBER Kalama-851/1-4

28. LICENCE DATE 11th March 2013

29. FINDINGS Upon review it was noted that in the application process that all documents were submitted as

required save for a tax compliance certificate, which could not be established from the file.

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APPENDIX 4: CATHERINE KIJILA MWAMUZI NON PRECIOUS MINERALS

1. NAME OF APPLICANT Catherine Kijila Mwamuzi

2. TYPE OF LICENCE APPLIED FOR Mining Location( In Lukundo 1/1-10 and 2-1-10)

3. DATE OF APPLICATION 19th September 2012

4. LOCALITY Taita Taveta

5. MINING DEPOSIT RECEIPT 2,000 for Coast Province Receipt Number A8856709

6. COPY OF PROSPECTING RIGHT PR Number 13804 dated 3rd August 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Not Applicable

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file for both

9. APPLICATION FORM IN

TRIPLICATE

Yes in File

10. COPY OF BANK STATEMENT Not Applicable

11. LAND OWNERS CONSENT Trust Land County Council Consent from Taita Taveta dated 5th December 2012 in file.

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable

14. COUNTY COUNCIL CONSENT Yes Consent in File dated 5th December 2012 from Taita but owners consent not in file

15. BUSINESS NAME REGISTRATION Person/Individual

16. ALL DOCUMENTS SUBMITTED? N/A

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Awarded the two locations but certificate yet to be issued

22. GAZZETTEMENT Not Applicable

23. GAZETTE NUMBER Not Applicable

24. GAZETTE DATE Not Applicable

25. FEES PAID Not yet, only approval

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not yet

29. FINDINGS The decision of the PMLC was dated 15th

May 2013 that awarded Lukondo 1and 2-(1-10) but

approval was done for an additional location Mvono 1/1-10. Upon review it was noted that the laid

down process for Mvono location was not followed, further the tax compliance certificate could not

be established from the file.

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APPENDIX 5: ABYSSINIA IRON AND STEEL LIMITED INDUSTRIAL MINERALS (IRON ORE)

1. NAME OF APPLICANT Abyssinia iron and Steel Limited

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 9th July 2012

4. LOCALITY Mwingi

5. MINING DEPOSIT RECEIPT 2000 Eastern Province Receipt Number 9953581 dated 24th September 2010

6. COPY OF PROSPECTING RIGHT PR Number 11983 Dated 25th August 2011 – Renewal

7. COPY OF WORK PROGRAM Work Program in file but Expenditure Proposal is only for KES 200,000 for an of 120 SQKM

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN

TRIPLICATE

Yes in File – Change of name from Everest Steel

10. COPY OF BANK STATEMENT Diamond Trust Bank Westgate Shopping Mall in the name of Abyssinia Iron And Steel Limited from 1st September

2010 to30tth September 2010. Opening balance is -20,588,063.29 Closing Balance -11,115,626.28.

11. LAND OWNERS CONSENT No landowner Consent even though the PMLC minutes indicate that the Land Owners consent was there we cannot

find in the record.

12. MEMORANDUM AND ARTICLES Yes in File – subscribers: Jeetan Patel Urno ferno international

13. CERTIFICATE OF

INCORPORATION

C/147/866 dated 23rd November 2007 changed from Everest Steel Limited on the 2nd day October 2009

14. COUNTY COUNCIL CONSENT County Council of Mwingi Consent dated 18th November 2010

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? N/A

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance, ID or Pin of directors

19. PMLC MEETING YES – says there was landowners consent. Not in file though.

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved a free area of 92SQKM

22. GAZZETTEMENT No notification to the Applicant

23. GAZETTE NUMBER No Gazettement

24. GAZETTE DATE Recommended but no Licence issued

25. FEES PAID Not yet

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not yet

29. FINDINGS Upon review it was noted that in the application process all documents were submitted as required save for tax

compliance certificate and landowner consent, which could not be established from the file.

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APPENDIX 6: BOSMANS INVESTMENTS LIMITED 1. NAME OF APPLICANT Bosmans Investments Limited

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence for Industrial Minerals

3. DATE OF APPLICATION 24th December 2012

4. LOCALITY Mwingi/Kitui

5. MINING DEPOSIT RECEIPT 2,000 for Eastern Province number A8469842 of 20 February 2012

6. COPY OF PROSPECTING RIGHT PR Number 13458 of 20th February 2012

7. COPY OF WORK PROGRAM Work Program is in file. Expenditure Proposal is only KES 100,000

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN

TRIPLICATE

Yes in File

10. COPY OF BANK STATEMENT Support Letter from Chase Bank Limited. This is an Opinion Letter. Even though PMLC minutes indicate a bank

statement.

11. LAND OWNERS CONSENT Consent dated 6th September 2012 by Simon Mulatia to the Company and another by Samuel Maithya dated 6th

September 2012, and David Mwasya, Charles Mwenzi, Muasya Makau, and Joseph Kimanzi. All of Mwingi

12. MEMORANDUM AND ARTICLES Memorandum and Articles in file however they are not signed by the SH and Directors even though stamp duty

appears.

13. CERTIFICATE OF

INCORPORATION

CPR 2009/344 dated 20th March 2009

14. COUNTY COUNCIL CONSENT County Council of Mwingi Consent dated 6th September 2012; David k. Matwai, David K. Langat, Pius Njuguna,

Juliet Mkani

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? N/A

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Valid until 4th June 2013

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved Free Area of 152 SQKM

22. GAZZETTEMENT YES

23. GAZETTE NUMBER 3461

24. GAZETTE DATE 15th March 2013

25. FEES PAID Yes-40, 000 Receipt number C1583931 of 24th April 2013

26. LICENCE GRANTED Yes -Expenditure capped at 1M KES P.A

27. LICENCE NUMBER EPA 276

28. LICENCE DATE 30th April 2013 for renewable up to a maximum of Five Years.

29. FINDINGS Upon review it was noted that in the application process all documents were submitted as required save for bank

statement and the letter referred to the PMLC minutes, which could not be found in the file.

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APPENDIX 7: WACHO INVESTMENTS LIMITED PRECIOUS AND BASE METALS

1. NAME OF APPLICANT Wacho Investments Limited

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 18th January 2013

4. LOCALITY Migori

5. MINING DEPOSIT RECEIPT Not in the file.

6. COPY OF PROSPECTING RIGHT PR dated 4th January 2013 On file.

7. COPY OF WORK PROGRAM No work program submitted

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN

TRIPLICATE

Yes in File

10. COPY OF BANK STATEMENT Commercial Bank of Africa statement in Wacho Investments from 1 August 2012-31 August 2012-

September+October. Opening Balance is -----4611668.99 and closing balance is -9708180.53.

11. LAND OWNERS CONSENT No land owner consent

12. MEMORANDUM AND ARTICLES Yes in File – MemArts- subscribers: Ruiru Muchohi Gikonyo and Wangui Gikonyo

13. CERTIFICATE OF

INCORPORATION

C/41702 of 29th November 1989

14. COUNTY COUNCIL CONSENT No consent

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? No Directors ID, tax compliance and Pin

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved a free area of 601 SQ KM

22. GAZZETTEMENT YES

23. GAZETTE NUMBER 3076

24. GAZETTE DATE 8th March 2013

25. FEES PAID 152350 on Receipt number C 1583475 of 13th May 2013

26. LICENCE GRANTED Licence document prepared but not picked for stamp duty. Licence prepared and signed from 14th May 2013.

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. RECOMMENDATION Upon review it was noted that in the application process the following documents are missing from the file: (a) Mining

deposit receipt (b) County Council and landowner consent (c) tax compliance certificate.

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APPENDIX 8: GERMANO NGUNJIRI NON PRECIOUS MINERALS

1. NAME OF APPLICANT Germano Ngunjiri

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 14th November 2012

4. LOCALITY Kwale District

5. MINING DEPOSIT RECEIPT Not in the file

6. COPY OF PROSPECTING RIGHT Renewal of PR Number

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program in file but Expenditure Proposal is for 500,000 KES for 3SQKM

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File

10. COPY OF BANK STATEMENT Equity Bank Limited statement from 19th October 2012-19th November 2012. Opening Balance is

2,194.70. Closing Balance 101,334.70

11. LAND OWNERS CONSENT Not in file

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable/ No ID

14. COUNTY COUNCIL CONSENT No land owner consent, No ID or Tax compliance

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance just submitted his pin certificate.

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved a free area 3SQKM

22. GAZZETTEMENT YES

23. GAZETTE NUMBER 6707

24. GAZETTE DATE 17th May 2013

25. FEES PAID 12,100 KES

26. LICENCE GRANTED Not issued caught up with suspension of Licensing

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. FINDINGS Upon review it was noted that in the application process the following documents are missing from

the file; a) Mining deposit receipt b) Tax compliance certificate c) landowner consent.

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APPENDIX 9: TURKANA MINERAL EXPLORATION COMPANY PRECIOUS STONES

1. NAME OF APPLICANT Turkana Mineral Exploration Company

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 21st November 2011

4. LOCALITY Turkana

5. MINING DEPOSIT RECEIPT 2,000 KES receipt number B2169698 dated 21st November 2011

6. COPY OF PROSPECTING RIGHT PR number 12304 dated 18th November 2012. But it was paid on the 21st November 2012. He paid after issuance or the

PR was back dated. Either way they were within the time limit.

7. COPY OF WORK PROGRAM Work Program in file but Expenditure Proposal is for 500,000 KES for 380SQKM

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN

TRIPLICATE

Yes in File

10. COPY OF BANK STATEMENT CFC Stanbic statement from 21st July 2011-31st December 2011. Opening balance -202,851.61, closing balance-

121014.36.

11. LAND OWNERS CONSENT Consent from Tokuronganlup Community leaders of Loima District in Turkana County 31st October 2011

12. MEMORANDUM AND ARTICLES N/A

13. CERTIFICATE OF

INCORPORATION

Business Name

14. COUNTY COUNCIL CONSENT Consent from County Council of Turkana dated 2nd November 2011

15. BUSINESS NAME REGISTRATION BN/2011/141716 dated 7th October 2011

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved for 380 SQ KM

22. GAZZETTEMENT YES

23. GAZETTE NUMBER 3083

24. GAZETTE DATE 8th March 2013

25. FEES PAID 87455 KES receipt number 1233003 dated 15th May 2013

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not prepared c

28. LICENCE DATE Not issued

29. FINDINGS Upon review it was noted that in the application process the tax compliance certificate is missing from the file.

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APPENDIX 10: ANGLO AFRICAN RESOURCES MANGANESE IRON ORE AND OTHER BASE MINERALS

1. NAME OF APPLICANT Anglo African Resources for MANGANESE IRON ORE AND OTHER BASE MINERALS

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 11th September 2012

4. LOCALITY Kilifi and Kwale

5. MINING DEPOSIT RECEIPT 2,000 Receipt Number A8024519 of 7th August 2012

6. COPY OF PROSPECTING RIGHT PR number 13632 of 7th July 2012

7. COPY OF WORK PROGRAM Work Program in file but Expenditure Proposal is for 55M KES for 598SQ KM

8. SKETCH MAP AND SCHEDULE Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File

10. COPY OF BANK STATEMENT Habib AG Zurich Bank a letter did not own account but using Directors account Bilikisumer Kara and Daniel

Crawford Miller. Account Joint with another person. Opening Balance for Kara 1,367,796.20 dated 24th February

2012-29th May 2012. Closing Balance 25,670,898.05. Crawford statement is Citibank online details.27th March -

opening balance USD 5,000 -25th July USD 4,000

11. LAND OWNERS CONSENT Consent dated 31st August 2012

12. MEMORANDUM AND ARTICLES Yes in File

13. CERTIFICATE OF INCORPORATION CPR 2012/79800 24th July 2012

14. COUNTY COUNCIL CONSENT Consent from Kilifi County Council dated 7th September 2012

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? Bulk Sumer- PP, bank statement and Pin

Daniel Miltan- PP, bank statement

Mumtaz Wason- Pin, ID, Certificate available

17. ANY OTHER CONSENTS NEEDED?

18. TAX COMPLIANCE No Directors tax Compliance

19. PMLC MEETING YES – Told all Directors are Kenyan, yet two are British, Kenyan shareholding 1share out of 1000 shares

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved a free area of 598 SQKM

22. GAZZETTEMENT Yes

23. GAZETTE NUMBER 4170

24. GAZETTE DATE 28th March 2013

25. FEES PAID 151100 KES receipt number 1233007 of 15th May 2013.

26. LICENCE GRANTED Licence documents prepared but not signed caught up with suspension

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. FINDINGS Upon review it was noted that in the application process the following documents are missing from the file:

a. There was no consent granted by Kwale County Council only payment of Business permit for approval of

Mineral Prospecting

b. No tax compliance certificate and (c.) Bank statements are from individuals.

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APPENDIX 11: AFRICAN LINE TRANSPORT 1259 IRON ORE AND INDUSTRIAL MINERALS

1. NAME OF APPLICANT African Line Transport 1259- Directors are Zain Abubakar/Mohamed Al-Zubedi and Mohamed Abdulla Zubeidi

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 5th September 2012

4. LOCALITY Kwale /Mwena /Ngomeni

5. MINING DEPOSIT RECEIPT Not properly issued in the Name of the Applicant.

6. COPY OF PROSPECTING RIGHT PR Number 13480 of 7th March 2012

7. COPY OF WORK PROGRAM Work Program in file. Annual Expenditure at 14M, unauthorized and undated

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File 05/09/12

10. COPY OF BANK STATEMENT Bank of Africa Statement. Period of 11th April 2012 -30th June 2012. Opening balance 190,516.15 closing balance is

320,046.15. Another statement purportedly from Dubai Bank dated 02 April 2012 03 July 2012. Opening balance

10,753,182.41 Closing balance is 2,143,234.26. – Uncertain Bank Statements

11. LAND OWNERS CONSENT Consent Kwale County Council dated 22nd May 1998 to Ali Zubedi but not to the Company.

12. MEMORANDUM AND ARTICLES Yes in File – Director: Zein Abubakar Mohammed Ali Zubeidi of P.O. Box 80535 and Mohammed Abdulla Zubeid

P.O. Box 80535

13. CERTIFICATE OF INCORPORATION C.68774 dated 17th January 1996

14. COUNTY COUNCIL CONSENT Consent Kwale County Council dated 22nd May 1998 to Ali Zubedi but not to the Company.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? -----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area 27 SQ KM

22. GAZZETTEMENT Yes No. 3080 8/03/2013

23. GAZETTE NUMBER 3080

24. GAZETTE DATE 8th March 2013

25. FEES PAID KES 12,100 Receipt Number C.1583947 dated 26 April 2013

26. LICENCE GRANTED Unsigned Licence draft in the file.

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. FINDINGS Upon review it was noted that in the application had the following issues:

a) County Council and Landowner consent not in the name of the company (b)

b) Mining deposit receipt not in the name of the Company (c) No tax compliance certificate in the file.

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APPENDIX 12: AFRICAN LINE TRANSPORT 1203 IRON ORE AND INDUSTRIAL MINERALS

1. NAME OF APPLICANT African Line Transport 1259- Directors are Zain Abubakar/Mohamed Al-Zuebeidi and Mohamed Abdulla Zubeidi

2. TYPE OF LICENSE APPLIED FOR Special License

3. DATE OF APPLICATION 5th September 2012

4. LOCALITY Kwale

5. MINING DEPOSIT RECEIPT BS 304480 dated 4th

June 2004 in the name of Ali Zubeidi

6. COPY OF PROSPECTING RIGHT PR Number 13480 of 7th March 2012

7. COPY OF WORK PROGRAM Work Program in file. Annual Expenditure at 14M, unauthorized and udated

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File 05/09/12

10. COPY OF BANK STATEMENT Bank of Africa Statement. Period of 11th April 2012 -30th June 2012. Opening balance 190,516.15 closing balance

is 320,046.15. Another statement purportedly from Dubai Bank dated 02 April 2012 03 July 2012. Opening balance

10,753,182.41 Closing balance is 2,143,234.26. – Uncertain Bank Statements

11. LAND OWNERS CONSENT Consent Kwale County Council dated 22nd May 1998 to Ali Zubedi but not to the Company.

12. MEMORANDUM AND ARTICLES Yes in File – Director: Zein Abubakar Mohammed Ali Zubeidi of P.O. Box 80535 and Mohammed Abdulla Zubeidi

P.O. Box 80535

13. CERTIFICATE OF INCORPORATION C.68774 dated 17th January 1996

14. COUNTY COUNCIL CONSENT Consent Kwale County Council dated 22nd May 1998 to Ali Zubedi but not to the Company.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? -----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING YES

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area 39.7 SQ KM

22. GAZZETTEMENT Yes No. 3080 8/03/2013

23. GAZETTE NUMBER 3078

24. GAZETTE DATE 8th March 2013

25. FEES PAID KES 12,100 Receipt Number C.1583948 dated 26 April 2013

26. LICENSE GRANTED Yes.

27. LICENSE NUMBER SPL 360

28. LICENSE DATE 14th

May 2013

29. FINDINGS Upon review it was noted that in the application had the following issues:

a) County Council and Landowner consent not in the name of the company (b)

b) Mining deposit receipt not in the name of the Company (c) No tax compliance certificate in the file.

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APPENDIX 13: REGIONAL BARGAINS LIMITED INDUSTRIAL MINERALS

1. NAME OF APPLICANT Regional Bargains Limited

2. TYPE OF LICENCE APPLIED FOR Special prospecting Licence

3. DATE OF APPLICATION 1st November 2012

4. LOCALITY Kilifi county

5. MINING DEPOSIT RECEIPT Receipt Number A9856724 dated 7th August 2012

6. COPY OF PROSPECTING RIGHT PR Number 13808 0f 7th August 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

No work program submitted

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File

10. COPY OF BANK STATEMENT Diamond Trust Bank Statement dated 19th June 2012-25th June 2012. Opening Balance 227,510.98 and

Closing Balance 216,014.29. DTB further statement from 1st July 2012-31 July 2012. Opening Balance

3,282,846.96. Closing Balance 3,483,656.76. Bank statements not certain

11. LAND OWNERS CONSENT Consent of various land owners in file

12. MEMORANDUM AND ARTICLES Yes MemArts in file- Directors: Mini Holdings Limited P.O.Box 17952 NBI and Atul Raichand Shah

P.O.Box 44905 NBI

13. CERTIFICATE OF INCORPORATION C.92131 dated 7th December 2000

14. COUNTY COUNCIL CONSENT Consent from Kilifi County Council dated 27th August 2012

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? …

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Yes dated 24th July 2012

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved for an area of 117.1SQKM

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 3084

24. GAZETTE DATE 8th March 2013

25. FEES PAID KES 31,375 Receipt number C.1583924 dated 24th April 2012

26. LICENCE GRANTED No in file

27. LICENCE NUMBER Not ascertainable

28. LICENCE DATE Not ascertainable

29. FINDINGS Upon review it was noted that in the application process the work program expenditure document is missing

from the file.

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APPENDIX 14: AQ KENYA LIMITED 1268 COPPER, GOLD, NICKEL AND IRON ORE

1. NAME OF APPLICANT AQ Kenya Limited 1268

2. TYPE OF LICENCE APPLIED FOR Special prospecting Licence

3. DATE OF APPLICATION 5th November 2012

4. LOCALITY Ugunja and Butere

5. MINING DEPOSIT RECEIPT Receipt Number 9953540 of 17th September 2010

6. COPY OF PROSPECTING RIGHT PR Number 12660 dated 30th October 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work program undated.

Unauthorized and unsigned

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

Undated

9. APPLICATION FORM IN TRIPLICATE Yes in File -precious and base metals

10. COPY OF BANK STATEMENT Cannot ascertain bank but statement dated 1 February 2013 to 28th February 2013.

Opening balance 198,710.65 closing balance 320,689.45

11. LAND OWNERS CONSENT Yes, various 11 sets of consents dated from 12 February 2013 to 18th February 2013

12. MEMORANDUM AND ARTICLES Not in file to check in other files placed in file 14 on 20/8/12

13. CERTIFICATE OF INCORPORATION CPR/2010/29291 OF 16/08/2010 (SPL/1029)

14. COUNTY COUNCIL CONSENT Consent dated 25th February 2013 from County Council of Butere-Mumias. Consent

came after PLMC meeting

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax compliance

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved subject to submission of local ownership equity details-the 35% equity through

letter dated 1/3/13

22. GAZZETTEMENT No

23. GAZETTE NUMBER No

24. GAZETTE DATE No

25. FEES PAID No

26. LICENCE GRANTED No

27. LICENCE NUMBER To comply with Equity participation

28. LICENCE DATE Not issued

29. FINDINGS Upon review it was noted that in the application process the following documents are

missing from the file a) Bank statements and b) Tax compliance certificate.

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APPENDIX 15: GICHOYA MINES LIMITED NON_PRECIOUS MINERALS

1. NAME OF APPLICANT Gichoya Mines Limited

2. TYPE OF LICENCE APPLIED FOR Special prospecting Licence

3. DATE OF APPLICATION 21st May 2012

4. LOCALITY Samburu

5. MINING DEPOSIT RECEIPT Receipt Number AE212004 dated 4th July 1986

6. COPY OF PROSPECTING RIGHT PR Number 12401 dated 5th January 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work program in file -Expenditure KES 500,000

Signed not dated.

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File – non-precious minerals 21/05/12

10. COPY OF BANK STATEMENT A letter From Kankam the Exporters saying they are the Financiers dated 21st November 2012.

Statement from Cooperative Bank. Bank statement submitted by 3rd

. Kankam expiry

11. LAND OWNERS CONSENT No Consent. A letter from Assistant Chief dated 25th September 2011

12. MEMORANDUM AND ARTICLES Yes MemArts in file: Directors: Njuguna Mwangi Gikhoya, David Njoroge Gicheru

Shareholders: Mbao Reuben Muthee, George Kariuki P.O.Box 51805 NBI

13. CERTIFICATE OF INCORPORATION C.159244 dated 4th August 2008

14. COUNTY COUNCIL CONSENT Consent from Samburu County Council dated 5th February 1990

15. BUSINESS NAME REGISTRATION

16. ALL DOCUMENTS SUBMITTED?

17. ANY OTHER CONSENTS NEEDED?

18. TAX COMPLIANCE No tax compliance in file only Pin Number

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved a free area of 39SQKM

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 3085

24. GAZETTE DATE 8th March 2013

25. FEES PAID KES 12100 Receipt Number C.1233066 dated 24th May 2013

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER None

28. LICENCE DATE Not issued

29. FINDINGS Upon review it was noted that in the application process the following documents are missing

from the file. a) Tax compliance certificate and b) land owner’s consent.

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APPENDIX 16: MADINI MINING COMPANY LIMITED IRON ORE

1. NAME OF APPLICANT Madini Mining Company Limited

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 7th November 2012

4. LOCALITY Kwale

5. MINING DEPOSIT RECEIPT Receipt Number C.0455847 dated 7th November 2012 – 2,000/=

6. COPY OF PROSPECTING RIGHT PR Number 12675 dated 7th November 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program in file Expenditure at KES 1.5M, not signed and not dated.

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file - Kwale

9. APPLICATION FORM IN TRIPLICATE Yes in File- Iron Ore

10. COPY OF BANK STATEMENT Equity Bank Limited from 10th January 2013-10th January 2013. Balance 2,650,000

11. LAND OWNERS CONSENT Consent from County Council of Kwale

12. MEMORANDUM AND ARTICLES Yes MemArts in file – Directors : Bwana Ali Mwitarana

Shareholders: Isabela Anyonya Masinde, Saida Rama Shikely, Anne Mwewi Ndemwa

13. CERTIFICATE OF INCORPORATION CPR/2012/88606 dated 15th November 2012

14. COUNTY COUNCIL CONSENT Consent from County Council of Kwale dated 14th October 2012 in file.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? -----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax compliance certificate just a Pin number

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved a free area of 20SQKM

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 4948

24. GAZETTE DATE 12th April 2013

25. FEES PAID Not yet paid

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. FINDINGS Upon review it was noted that in the application process the following documents are

missing from the file;

a) No tax compliance certificate and

b) Landowner consent.

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APPENDIX 17: M-BENISA ENTERPRISES COMPANY NON-PRECIOUS MINERALS

1. NAME OF APPLICANT M-Benisa Enterprises Company – Business Name

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 7th December 2012

4. LOCALITY Kwale Kuraze

5. MINING DEPOSIT RECEIPT Receipt Number C.1233530 dated 7th December 2012

6. COPY OF PROSPECTING RIGHT PR Number 12775 dated 7th December 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work program in file. Expenditure for KES 1.5M

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

Kwale Kuraze

9. APPLICATION FORM IN TRIPLICATE Yes in File 76 SQKM – Non precious minerals

10. COPY OF BANK STATEMENT Equity Bank Limited-10th December 2012-10th January 2013. Opening Balance

1,150,280 Closing Balance 1,845,190

11. LAND OWNERS CONSENT Consent in file from Mwanakombo Family dated 15th January 2013

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable

14. COUNTY COUNCIL CONSENT Consent from County Council of Kwale dated 20th December 2012

15. BUSINESS NAME REGISTRATION BN2012/197436 dated 20th November 2012, Not LLC – Partnership: Mbwana Ali

Warakah, Matthew Antont Kubebeya

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Yes in file.KRA17/042030/2012

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 7.6SQKM

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 4438

24. GAZETTE DATE 5th April 2013

25. FEES PAID Not yet paid

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. FINDINGS This Application and Gazettement was done in accordance with laid down laws and

procedures under the Mining Act.

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APPENDIX 18: PROSPECTING COMPANY OF KENYA LIMITED GOLD AND BASE METALS

1. NAME OF APPLICANT Prospecting Company of Kenya Limited

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 13th December 2012

4. LOCALITY Migori

5. MINING DEPOSIT RECEIPT Receipt Number C.1041001 dated 16th October 2012

6. COPY OF PROSPECTING RIGHT PR Number 7139 dated 17th October 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work program in file. Expenditure for KES 2,155,000 M

Not signed not dated

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

55SQKM

9. APPLICATION FORM IN TRIPLICATE Yes in File gold and base metals

10. COPY OF BANK STATEMENT Prime Bank Limited-1st August 2012-29th September 2012. Opening Balance-KES 0

Closing balance 98,500

11. LAND OWNERS CONSENT Consent in file land certificate in file and Title Deed

12. MEMORANDUM AND ARTICLES Yes MemArts in file – Directors: Mansur Mwathe Issa P.O.Box 79537-00200, Benjamin

Mutha Savani P.O.Box 24210-00100 NBI, Samir Baloobhai Parz, P.O. Box 80016-00100

NBI

13. CERTIFICATE OF INCORPORATION CPR/2012/71973 dated 20th April 2012

14. COUNTY COUNCIL CONSENT Consent from Migori County Council dated 15th November 2012

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax compliance in file only Pin Number

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved Free Area of 55SQKM subject to submission of Downers consent

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 8245

24. GAZETTE DATE 14th June 2013

25. FEES PAID Not yet paid

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. FINDINGS Subject to tax compliance clarification the Application and Gazettement was done in

accordance with laid down laws and procedures.

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APPENDIX 19: SUPER GROW LIMITED ALL MINERALS

1. NAME OF APPLICANT Super Grow Limited

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 24th December 2012

4. LOCALITY Kwale/Kilifi

5. MINING DEPOSIT RECEIPT Receipt Number C.1233510 dated 4th December 2012

6. COPY OF PROSPECTING RIGHT PR Number 12769 dated 4th December 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program in file. Annual Expenditure at KES 300,000.

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File

10. COPY OF BANK STATEMENT No statements

11. LAND OWNERS CONSENT Consent from ADC-Galana/Kulalu Ranches dated 1st November 2012

12. MEMORANDUM AND ARTICLES Yes MemArts in file- Directors: Joseph Mwendo Mutua P.O.Box 13631-00100, Helen

Wambui Nakti

13. CERTIFICATE OF INCORPORATION CPR/2012/91814

14. COUNTY COUNCIL CONSENT Consent from Malindi County Council dated 7th December 2012. To be confirmed

whether Malindi county council.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? -----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Yes number KRA17/002229/2013 dated 16th January 2013 and Pin

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved Free Area of 705SQKM Kilifi

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 3462

24. GAZETTE DATE 15th March 2013

25. FEES PAID KES 178,350 Receipt Number C.1583920 dated 24t April 2013

26. LICENCE GRANTED Yes Licence granted

27. LICENCE NUMBER SL 361

28. LICENCE DATE 30th April 2013

29. FINDINGS The Certificate of incorporation came from the Registrar of companies on 27th

December

but was backdated to 24th

December. At the time of Application the Company did not

possess a certificate of incorporation.

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APPENDIX 20: R.K SANGHANI ALL MINERALS

1. NAME OF APPLICANT R.K Sanghani (business name)

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 6th July 2011

4. LOCALITY Kilifi

5. MINING DEPOSIT RECEIPT Receipt number BX 068995 dated 25 the October 2006

6. COPY OF PROSPECTING RIGHT PR Number 12017 dated 4th July 2011

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program in file. Not signed, Not dated

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File. All minerals

10. COPY OF BANK STATEMENT Prime Bank Limited. 25th May 2011-2nd June 2011. Opening Balance 12,116,463.125.

CR Closing 9,797,931.65 CR

11. LAND OWNERS CONSENT Consent from ADC-Galana/Kulalu Ranches dated 17th August 2012

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable

14. COUNTY COUNCIL CONSENT Kilifi County Council Consent dated 23rd July 2010

15. BUSINESS NAME REGISTRATION Yes registered under No. 399235 Dated 9/8/2004

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax compliance certificate just a Pin number in the name of R.K Sanghani

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved Free Area of 633.5 SQKM

22. GAZZETTEMENT Not yet

23. GAZETTE NUMBER No Gazettement

24. GAZETTE DATE Not yet

25. FEES PAID Not yet paid

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. FINDINGS Subject to tax compliance clarification the Application and Gazettement was done in

accordance with laid down laws and procedures.

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APPENDIX 21: ALLISON HOLDINGS LIMITED BASE METALS

1. NAME OF APPLICANT Allison Holdings Limited

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 22nd January 2013

4. LOCALITY Migori

5. MINING DEPOSIT RECEIPT Receipt Number in File

6. COPY OF PROSPECTING RIGHT PR copy in file.

7. COPY OF WORK PROGRAM Work Program not in file

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File- Base precious metals ( Kijria Area)

10. COPY OF BANK STATEMENT CFC Stanbic Limited under the name of Solomon Mwanga Luta. 28th December 2011-

6th June 2012. Opening Balance 135,000. Closing 1,012,569.31.

11. LAND OWNERS CONSENT Consent of various land owners in file dated 1st February 2013

12. MEMORANDUM AND ARTICLES Yes MemArts in file- Directors: Solomon Mwanga Lutta, Bett Kariuki P.O.Box 79697-

00200 NBI

13. CERTIFICATE OF INCORPORATION CPR2011/39865 dated 26th January 2011

14. COUNTY COUNCIL CONSENT Consent from Municipal Council of Kehancha dated 14th February 2013

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance - Pin for company No P01513548400

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved Free Area of 37KM2 –

industrial minerals but Gazetted for 304.5SQKM

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 3082

24. GAZETTE DATE 8th March 2013 – Anomaly Gazetted for 304.5 SQKM

25. FEES PAID KES 78,225 Receipt Number C.1583499 dated 15th May 2013

26. LICENCE GRANTED Yes Licence granted

27. LICENCE NUMBER SL 363

28. LICENCE DATE 15th May 2013

29. FINDINGS Upon review it was noted that in the application process the following documents are

missing from the file; a) Tax compliance certificate) Work program b) Consent from

Narok County c) Approved for more than the free area applied for and d) Only applied for

Migori County but Gazetted for Migori and Narok.

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APPENDIX 22: NOBIS COMPANY LIMITED MANGANESE AND OTHER BASE METALS

1. NAME OF APPLICANT Nobis Company Limited

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 5th December 2012

4. LOCALITY Kilifi Galana

5. MINING DEPOSIT RECEIPT Receipt Number C.0455989 of 3rd December 2012

6. COPY OF PROSPECTING RIGHT PR Number 12764 of 3rd December 2012

7. COPY OF WORK PROGRAM Work Program in file Expenditure at KES 2.5M.

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File- Manganese and other base metals

10. COPY OF BANK STATEMENT Equity Bank from 21st November 2008-22 September 2011. Opening is KES 100,000

Closing 107,500

11. LAND OWNERS CONSENT Consent from Agricultural Development Corporation for Galana Ranch dated 6th

December, 2012

12. MEMORANDUM AND ARTICLES Yes MemArts in file- though incomplete (Directors not there

Subscribers: Redemptor Nyaboke Mwaura and Joseph Kamau Mwaura P.O.Box 8282-

00100

13. CERTIFICATE OF INCORPORATION C.155809 dated 6th June 2008

14. COUNTY COUNCIL CONSENT No consent, but payment of Single Business Permit to County Council of Kilifi

15. BUSINESS NAME REGISTRATION ---

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? ---

18. TAX COMPLIANCE No tax compliance in file only Pin Number

19. PMLC MEETING Yes PMLC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 455 SQKM- Manganese and other base metals

22. GAZZETTEMENT Yes Gazettement was done- 455.6 Km2

23. GAZETTE NUMBER 3077

24. GAZETTE DATE 8th March 2013

25. FEES PAID KES 115850 Receipt Number C.1583977 dated 3rd May 2013

26. LICENCE GRANTED Yes Licence was granted

27. LICENCE NUMBER Licence Number SL number 358

28. LICENCE DATE 9th May 2013

29. FINDINGS Consent for County Council of Kilifi and Tax Compliance certificate missing.

Directors missing, P.O BOX incomplete and no financials.

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APPENDIX 23: DANGOTE QUARRIES KENYA LIMITED INDUSTRIAL MINERALS

1. NAME OF APPLICANT Dangote Quarries Kenya Limited

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 21st December 2012

4. LOCALITY Kilifi

5. MINING DEPOSIT RECEIPT Receipt Number C.1233716 of 10th January 2013

6. COPY OF PROSPECTING RIGHT PR Number 12618 of 10th January 2013. There was an earlier PR quoted as 13808.

Mutiso to confirm. Name of Dorothy Opundo as agent and Dangote quarries

7. COPY OF WORK PROGRAM Work program in file expenditure at KES 10M. Dated and signed.

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

29.5 KM2

Kilifi

9. APPLICATION FORM IN TRIPLICATE Yes in file

10. COPY OF BANK STATEMENT Zenith Bank Lagos for Dangote Cement PLC from 4th September 2012-18th December

2012. Opening Balance 42,927,913.91. Closing Balance 45,918,368.81.

11. LAND OWNERS CONSENT Consent from several land owner consents dated 21st December, 2012

12. MEMORANDUM AND ARTICLES Yes MemArts in file- Directors and shareholders are Dangote Cement PLC and Aliko

Dangote P.O Box Union 40032marvle house 1, avron ruwawe road, falcon ikoy lagos

13. CERTIFICATE OF INCORPORATION CPR/2012/90214 of 4th December, 2012

14. COUNTY COUNCIL CONSENT Consent from County Council of Kilifi dated 21st December 2012

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax compliance in file

19. PMLC MEETING Yes PMLC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 0.072 SQ KM subject to 35% local equity

22. GAZZETTEMENT Yes Gazettement was done but approved for a free area of 46.3 SQKM

23. GAZETTE NUMBER 3078

24. GAZETTE DATE 8th March 2013

25. FEES PAID KES 13,685 Receipt Number C.1583929 dated 24th April 2013

26. LICENCE GRANTED Signed in file but not picked.

27. LICENCE NUMBER Not yet as stamping not done

28. LICENCE DATE Not issued

29. FINDINGS Upon review the following issues were noted (a) No tax Compliance in the file (b) Bank

Statement is from a Foreign Company Dangote Cement PLC and not the entity applying

for the Licence (c) The 35% equity condition had not been complied.

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APPENDIX 24: WAHDAH INVESTMENTS LIMITED GYPSUM

1. NAME OF APPLICANT Wahdah Investments Limited - Abdifatah Sheikh Mohamed, Noah Mohamed Roble,

Abdirahman Yusuf Sheikh, Mahad Hassan Roble

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 21st January 2013

4. LOCALITY Tana River

5. MINING DEPOSIT RECEIPT Receipt Number C.1233819 of 21st January 2013

6. COPY OF PROSPECTING RIGHT PR Number 12639 of 21st January 2013

7. COPY OF WORK PROGRAM Not in file

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE No - only one application form for gypsum

10. COPY OF BANK STATEMENT Not file

11. LAND OWNERS CONSENT Not in file

12. MEMORANDUM AND ARTICLES Yes MemArts in file.

13. CERTIFICATE OF INCORPORATION CPR/2012/90763 of 10th December 2012

14. COUNTY COUNCIL CONSENT Not in file

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Tax compliance number KRA/17/002959/2013 dated 22nd January 2013 and PIN

Certificate P0514076047

19. PMLC MEETING Yes PMLC meeting – PMLC meeting notes state work programme submitted, application

form in triplicate and written consent from Kilifi

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 161.5 SQKM. Indicated as Kilifi even though it is in Tana River.

22. GAZZETTEMENT Not yet

23. GAZETTE NUMBER Not yet

24. GAZETTE DATE Not yet

25. FEES PAID Not Yet

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not yet

29. FINDINGS Upon review the following documents could not be found in the file; a) Work and

expenditure program (b) Consent from County Council of Tana River (c) Bank statements

(d) Land owners consent

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APPENDIX 25: POTTERMARK ENTERPRISES LIMITED INDUSTRIAL AND BASE MINERALS

1. NAME OF APPLICANT Pottermark Enterprises Limited

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 19th December 2012

4. LOCALITY Kwale

5. MINING DEPOSIT RECEIPT Receipt Number C.0455776 of 30th October 2012

6. COPY OF PROSPECTING RIGHT PR Number 12659 of 30th October, 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work and Expenditure program in File. Expenditure at KES 3.2M

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File – Industrial Minerals and Base Metals

10. COPY OF BANK STATEMENT Barclays Bank 1st April 2012- 19th December 2012. Opening Balance KES 41,630.10,

Closing balance KES 7,400.10

11. LAND OWNERS CONSENT Several land owners consents dated 25th January 2013

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable

14. COUNTY COUNCIL CONSENT No consent shown just a single business permit from County Council of Kwale

15. BUSINESS NAME REGISTRATION Business registration number 363783 of 18th November 2002

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Yes, Number KRA/17/033167/2012 of 16th October 2012. And the PIN Certificate

Number P002728551F

19. PMLC MEETING Yes PMLC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 529 SQKM

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 3869

24. GAZETTE DATE 22nd March 2013

25. FEES PAID Not yet paid

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. FINDINGS Upon review the following documents could not be found in the file (a) Tax Compliance

Certificate (b) No consent from the County Council but a single business permit from the

County Council of Kwale.

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APPENDIX 26: MINERAL VENTURES LIMITED PRECIOUS METALS

1. NAME OF APPLICANT Mineral Ventures Limited – Titi Odindo, Wilson Mwaura Mwenda, Christopher

M.Nyamai

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 11th January 2013

4. LOCALITY Migori

5. MINING DEPOSIT RECEIPT Receipt Number C.1233726 dated 11th January 2013

6. COPY OF PROSPECTING RIGHT PR number 13706 of 16th July 2012 (Tito Odindo as agent)

7. COPY OF WORK PROGRAM Work program in file Expenditure of KES 15M but undated and unsigned

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File - Precious Metals

10. COPY OF BANK STATEMENT Imperial Bank Limited from 1st November 2012 to 10th January 2013 account of Paul

Oganga Nikira (not a Director). Opening Balance KES -232.59. Closing Balance KES

720,751.2

11. LAND OWNERS CONSENT Several land owners consent in file –All undated

12. MEMORANDUM AND ARTICLES Yes MemArts in file

13. CERTIFICATE OF INCORPORATION CPR/2012/76601 dated 15 June 2012

14. COUNTY COUNCIL CONSENT Consent from Homa Bay County Council dated 31st January 2013.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Yes tax compliance number KRA17/021998/2012 – 25th

July 2012

19. PMLC MEETING Yes PMLC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 79.5 SQKM in Migori County

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 3081

24. GAZETTE DATE 8th March 2013

25. FEES PAID KES 21,975 Receipt number C.1583928 of 24th April 2013

26. LICENCE GRANTED Yes

27. LICENCE NUMBER Licence number 357

28. LICENCE DATE Issued on the 30th April 2013

29. FINDINGS Upon review the following issues were noted in this file; (a) The bank statements are from

third parties and (b) Consent from County Council and landowners were issued after

PMLC meeting.

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APPENDIX 27: M-BENISA LIMITED SILICA SAND AND OTHER BASE METALS

1. NAME OF APPLICANT M-Benisa Limited – Mbwana Ali Warrakah, Matthew Antony Kubebea

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 28th January 2013

4. LOCALITY Kwale

5. MINING DEPOSIT RECEIPT Receipt number C.1233777 dated 18th January 2013. Wesley Mukuna Masinde (Agent of

M-Benisa Ltd)

6. COPY OF PROSPECTING RIGHT PR Number 12635 of 18th January 2013

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Not in file

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

0.8Km2

9. APPLICATION FORM IN TRIPLICATE Yes in File – only one form. Silca, sand and other base metals.

10. COPY OF BANK STATEMENT Not in File

11. LAND OWNERS CONSENT Not in file

12. MEMORANDUM AND ARTICLES Yes MemArts in file

13. CERTIFICATE OF INCORPORATION CPR2013/92117 dated 4th January 2013

14. COUNTY COUNCIL CONSENT Not in file

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax compliance in file

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved Free Area 0.8SQKM In Kwale

22. GAZZETTEMENT Yes Gazettement was done

23. GAZETTE NUMBER 4439

24. GAZETTE DATE 5th April 2013

25. FEES PAID Not yet paid

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not issued

29. FINDINGS Upon review the following documents could not be found in the file a) No County

Council and landowner consent b) No bank statements c) No work and expenditure

program and d) No tax compliance certificate.

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APPENDIX 28: BASE TITANIUM LIMITED RUTILE ZIRION AND ILMENITE

1. NAME OF APPLICANT Base Titanium Limited – Nigel Havergal Shaw, Samuel Ngugi Wainaina

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 31st December 2012

4. LOCALITY Kwale

5. MINING DEPOSIT RECEIPT A7415506 – 13th

July 2011 (Ted Majaliwa Kombo as agent)

6. COPY OF PROSPECTING RIGHT PR Number 13745 dated 30th July 2012 – Scott Stewart Corrithers and Agent: Ted Majaliwa Kombo as

agent)

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work program in file. Expenditure not included

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file – 8.59 KM2

9. APPLICATION FORM IN TRIPLICATE Yes in File – Actually Quadruplicate. Heavy minerals and sands.(Rutile Zircon and Ilmenite)

10. COPY OF BANK STATEMENT Consolidated financial statement position by the Company (Holding company)

11. LAND OWNERS CONSENT Several land owners consent in file dated 20th December 2012

12. MEMORANDUM AND ARTICLES In file

13. CERTIFICATE OF INCORPORATION CPR/2010/21827 – 23rd

April 2010

14. COUNTY COUNCIL CONSENT Not in file

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Not in file

19. PMLC MEETING Yes PLMC meeting. Summary says: Tax compliance from Kwale Council Consent

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 8.59 SQKM subject to proof of 35% local equity

22. GAZZETTEMENT No

23. GAZETTE NUMBER None

24. GAZETTE DATE None

25. FEES PAID None

26. LICENCE GRANTED None

27. LICENCE NUMBER None

28. LICENCE DATE None

29. FINDINGS Upon review the following documents were missing from the file a) No expenditure document b) No tax

compliance certificate c) No county council consent

Also was sent a letter dated 25th

June 2013 that the application was to be considered in the PMLC of the 30th

June yet the application was considered on the 31st January 2013.

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APPENDIX 29: NETSOL ENGINEERING LIMITED GEMSTONES, BASE METALS AND PRECIOUS METALS

1. NAME OF APPLICANT Netsol Engineering Limited. George Towey, Fly East Ltd.

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 21st December 2012

4. LOCALITY Kwale

5. MINING DEPOSIT RECEIPT Receipt Number A.8024523 dated 30th August 2012

6. COPY OF PROSPECTING RIGHT PR Number 10395 of 14th August 2012 (George Towey)

7. COPY OF WORK PROGRAM Work Program in file Expenditure KES 2.5M. (Received 24th

May 2013, after Approval)

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file. 73.7 Km2

9. APPLICATION FORM IN TRIPLICATE Yes in File – Gemstones, Base metals, Precious metals, Niobium & Ree

10. COPY OF BANK STATEMENT Consolidated Bank Statement. 1st May 2012-20th November 2012. Opening Balance-

30,332,863.37 CR. Closing Balance 40,481,385.08 DR. Bank statements for Netsol

Kenya Ltd.

11. LAND OWNERS CONSENT Lease Agreement with Lunga Lunga Ranching D.A Company Ltd dated 23rd April 2013.

(After approval)

12. MEMORANDUM AND ARTICLES Yes MemArts in file

13. CERTIFICATE OF INCORPORATION CPR/2012/82202 of 22nd August 2012

14. COUNTY COUNCIL CONSENT Consent from County Council of Kwale dated 6th November 2012 in file in the form of

Council meeting minutes.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No in file. PIN Certificate number: P051396979B

19. PMLC MEETING Yes PLMC meeting. Summary: Tax Compliance Certificate held

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 29.0SQKM

22. GAZZETTEMENT Not yet

23. GAZETTE NUMBER Not yet

24. GAZETTE DATE N/A

25. FEES PAID N/A

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not yet

29. FINDINGS Upon review the following documents could not be found in the file: (a) Tax compliance

certificate and (b) land owner consent was obtained after approval of the application.

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APPENDIX 30: NUBBON LIMITED BASE AND PRECIOUS METALS

1. NAME OF APPLICANT Nubbon Limited – Stephen Karunge, Mwenda Kilemi

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 10th January 2013

4. LOCALITY South Lolgorean, Transmara

5. MINING DEPOSIT RECEIPT Receipt Number C.1233724 of 10th January 2013

6. COPY OF PROSPECTING RIGHT PR Number 12619 of 10th January 2013 (Titus Ntuciu)

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Not in file

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file –

Applied for 544Km2

9. APPLICATION FORM IN TRIPLICATE Yes in File

10. COPY OF BANK STATEMENT Diamond Trust Bank for unrelated entity, Three Worlds Limited, dated 1st October 2012-28th January

2013. Opening balance KES-995,819.79 Closing balance KES-38,988.17.

11. LAND OWNERS CONSENT Not in file

12. MEMORANDUM AND ARTICLES Yes MemArts in file

13. CERTIFICATE OF INCORPORATION CPR /2010/17366 of 2nd February 2010

14. COUNTY COUNCIL CONSENT No consent document but single business permit from County Council of Transmara dated 16th January

2013

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax compliance certificate just a PIN number P051321973Z

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 456 SQKM

22. GAZZETTEMENT No

23. GAZETTE NUMBER Not yet

24. GAZETTE DATE None

25. FEES PAID None

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE None

29. FINDINGS Upon review the following documents could not be found in the file; (a) No work and expenditure program

in file (b) The bank statements are unrelated (c) No landowner consent (d) No County consent but a

business permit and (e) No tax compliance certificate.

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APPENDIX 31: BARAKA MINING AND MINERAL LIMITED NON-PRECIOUS MINERALS (GEMSTONES

1. NAME OF APPLICANT Baraka Mining and Mineral Limited

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 18th April 2012

4. LOCALITY Kuraze Kwale

5. MINING DEPOSIT RECEIPT Receipt Number not in file.

6. COPY OF PROSPECTING RIGHT PR Number 13513 of 1st March 2012. (Elizabeth Wanjiru Kinyanjui)

7. COPY OF WORK PROGRAM Not in file

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

Applied for 2 KM2

9. APPLICATION FORM IN TRIPLICATE Yes in File – Gemstones

10. COPY OF BANK STATEMENT Not file

11. LAND OWNERS CONSENT Not in file

12. MEMORANDUM AND ARTICLES Not File

13. CERTIFICATE OF INCORPORATION Not in file

14. COUNTY COUNCIL CONSENT Not in file. No consent

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Not in file

19. PMLC MEETING Yes PLMC meeting. Summary: work programme, expenditure and land and owners consent held.

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area 2SQKM

22. GAZZETTEMENT Not yet

23. GAZETTE NUMBER Not yet

24. GAZETTE DATE None

25. FEES PAID None

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE None

29. FINDINGS Upon review the following documents could not be found in the file: (a) No work and expenditure

program (b) No County Council and landowner consent (c) No bank statements (d) No tax

compliance certificate (e) No mining deposit receipt (f) No MemArts and Certificate of

Incorporation.

Complaint received on 8th May 2013 from Joseph K. Mbiriti about Baraka Mining & Mineral

Limited prospecting in his mining location. Previous complaints received in May and December

2012.

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APPENDIX 32: PERPETUITUS INTERNATIONAL INVESTMENTS LIMITED INDUSTRIAL MINERALS

1. NAME OF APPLICANT Perpetuitus International Investments Ltd (Margaret Mkanjala Ngugi, Catherine Kijala

Mwamuzi)

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 11th January 2013

4. LOCALITY Taita Taveta

5. MINING DEPOSIT RECEIPT Receipt Number A.9856819 dated 22nd August 2012

6. COPY OF PROSPECTING RIGHT PR Number 13824 of 22nd August 2012. (Margaret Mkanjala Ngugi)

7. COPY OF WORK PROGRAM Work Program in file Expenditure KES 2.5M undated and unsigned.

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file.

Applied for 400 KM2

9. APPLICATION FORM IN TRIPLICATE Yes in File -Industrial Minerals.

10. COPY OF BANK STATEMENT Standard Chartered Bank for Margaret Mkanjala Ngugi she is a Director. 1st November

2012-31st January 2013. Opening Balance KES 41,203.40 Closing Balance KES

34,190.50

11. LAND OWNERS CONSENT A letter from Chief in file dated 28th December 2012 - Received on 1st February 2013

12. MEMORANDUM AND ARTICLES Yes MemArts in file; Margaret Mkanjala Ngugi and Catherine Kijala Mwanuzi.

13. CERTIFICATE OF INCORPORATION CPR/2012/89570. Dated 28th

November 2012

14. COUNTY COUNCIL CONSENT Yes consent from Taita Taveta County Council dated 30th January 2013 in file

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Not in file- PIN Certificate Number: P051408325C

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved for 400 KM2then cadaster correction to 328.38 KM

2

22. GAZZETTEMENT Not yet

23. GAZETTE NUMBER Not yet

24. GAZETTE DATE None

25. FEES PAID None

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE None

29. FINDINGS Subject to tax compliance certificate the Application and Gazettement was done in

accordance with laid down laws and procedures even though land owner’s consent was

issued by the Chief and received after approval.

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APPENDIX 33: MR. COLLIN KIPRONO BETT INDUSTRIAL MINERALS

1. NAME OF APPLICANT Collin Kiprono Bett

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 28th January 2013

4. LOCALITY Uasin Gishu

5. MINING DEPOSIT RECEIPT Receipt Number C.1233769 dated 17th January 2013

6. COPY OF PROSPECTING RIGHT PR Number 12633 of 17th January 2013

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work program in file. Expenditure for KES 2.55M. Unsigned but received on 28th

January 2013

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file -38Km2

9. APPLICATION FORM IN TRIPLICATE Yes in File – Industrial Minerals.

10. COPY OF BANK STATEMENT Cooperative Bank of Kenya from 1st October 2012-31st October 2012. Opening Balance

KES 196,908.50, Closing balance KES 140,249.75.

11. LAND OWNERS CONSENT Several land owners consent in file dated 22nd January 2013

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable

14. COUNTY COUNCIL CONSENT No consent but single Business Permit from County Council of Wareng

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance – PIN Certificate Number P002711729N and I.D No 11009169

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved Free area of 37SQKM

22. GAZZETTEMENT Yes

23. GAZETTE NUMBER 3086

24. GAZETTE DATE 8th March 2013

25. FEES PAID KES 12,100 Receipt Number C.1583965 dated 2nd May 2013

26. LICENCE GRANTED Yes Licence granted

27. LICENCE NUMBER Special Licence Number 359

28. LICENCE DATE 14th May 2013

29. FINDINGS Subject to tax compliance certificate and consent from County Council the Application

was done in accordance with laid down laws and procedures.

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APPENDIX 34: JULIUS GATIMU WAITHAKA PRECIOUS MINERALS

1. NAME OF APPLICANT Julius Gatimu Waithaka

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting Licence

3. DATE OF APPLICATION 21st December 2012

4. LOCALITY Kwale

5. MINING DEPOSIT RECEIPT Receipt Number BB.002295 Dated 4th January 1996

6. COPY OF PROSPECTING RIGHT PR Number 12794 of 21st December 2012

7. COPY OF WORK PROGRAM Work Program in file. Expenditure KES 1.15M – 21st December 2012

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

3KM2

9. APPLICATION FORM IN TRIPLICATE Yes in File – Precious Metals

10. COPY OF BANK STATEMENT Barclays Bank Limited. In the name of Joseph Kinyua Waithaka from 27th March 2002 to 6th August 2002.

Opening balance KES 84,129.10 Closing balance KES87,973.55. Not valid - 10years old.

11. LAND OWNERS CONSENT Kwale County Council not in his name but the in the name of Lawrence Wanjohu Ngunjiri dated 18th

December 1995. Later brought single business permit in his name dated 21st May 2013

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable

14. COUNTY COUNCIL CONSENT Kwale County Council not in his name but the in the name of Lawrence Ngunjiri dated 18th December

1995. Later brought single business permit in his name dated 21st May 2013

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance. Pin Certificate Number: P002600458P

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved Free Area of 3SQKM

22. GAZZETTEMENT Yes

23. GAZETTE NUMBER 4169

24. GAZETTE DATE 28th March 2013

25. FEES PAID Cheque in file but not receipted as a result of dispute over the area and detection of falsified information on

Bank Statement and County Council Consents

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not yet

29. FINDINGS After review of this file the following issues were noted :(a) The bank statements were more than 10 years

old (b) Landowner consent not in the name of applicant (c) No Kwale County Consent only a Single

Business Permit exhibited and (d) No tax compliance certificate.

There is another application from a Patrick Machua for the same area

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APPENDIX 35: LILIAN M GEMS MINERAL STONES AND GEMS

1. NAME OF APPLICANT Lilian M Gems

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 3rd September 2012

4. LOCALITY Kwale

5. MINING DEPOSIT RECEIPT Receipt Number BS.304403 dated 1st October 2004

6. COPY OF PROSPECTING RIGHT PR Number 13847 dated 3rd September 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program in file. Annual Expenditure at KES 300,000

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file. Application for review of area made but still pending approval letter dated

28/2/13

9. APPLICATION FORM IN TRIPLICATE Yes in File

10. COPY OF BANK STATEMENT Not file

11. LAND OWNERS CONSENT N/A

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable

14. COUNTY COUNCIL CONSENT No consent but single Business Permit from County Council of Kwale dated 5th

September 2012

15. BUSINESS NAME REGISTRATION Business Name Number 375288 dated 18th November 2003

16. ALL DOCUMENTS SUBMITTED? N/A

17. ANY OTHER CONSENTS NEEDED? ----

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING Yes PLMC meeting for review of the mining area

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 0.123SQKM

22. GAZZETTEMENT Not yet

23. GAZETTE NUMBER Not yet

24. GAZETTE DATE None

25. FEES PAID None

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not yet

29. RECOMMENDATION After review of this file the following issues were noted: (a) No bank statements on file b)

No County Council consent but a Single Business Permit is exhibited and (c) No tax

compliance certificate.

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APPENDIX 36: ROBERT LEE STEERE E.A LTD GOLD AND ALL MINERALS

1. NAME OF APPLICANT Robert Lee Steere E.A Ltd

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 28th August 2012

4. LOCALITY Turkana

5. MINING DEPOSIT RECEIPT Receipt Number A.9856868 of 29th August 2012

6. COPY OF PROSPECTING RIGHT PR Number 13839 dated 28th August 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program in file. Expenditure 1.2M

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File 28/8/12. Gold and all minerals

10. COPY OF BANK STATEMENT Commercial Bank of Africa -16th July 2012. Balance is 348,040

11. LAND OWNERS CONSENT List of names dated 17th October 2012

12. MEMORANDUM AND ARTICLES Yes MemArts in file

13. CERTIFICATE OF INCORPORATION C.101086 dated 12 November 2002

14. COUNTY COUNCIL CONSENT Not in file.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved free area of 1000 SQ KM

22. GAZZETTEMENT Yes

23. GAZETTE NUMBER 3463

24. GAZETTE DATE 15th March 2013

25. FEES PAID Not receipt in file

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not yet

29. RECOMMENDATION Subject to tax compliance certificate and consent issue the Application was done in

accordance with laid down laws and procedures.

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APPENDIX 37: CARBACID (CO2) LTD CARBON DIOXIDE

1. NAME OF APPLICANT Carbacid (CO2) Ltd

2. TYPE OF LICENCE APPLIED FOR Special Mining Lease

3. DATE OF APPLICATION 13th September 2012

4. LOCALITY Uasin Gishu

5. MINING DEPOSIT RECEIPT 5963135 dated 11th

July 2007/Environment bond paid to NEMA.

6. COPY OF PROSPECTING RIGHT 13944 dated 5th

July 2012

7. COPY OF WORK PROGRAM Work Program in file. Expenditure KES 35M

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File/ CO2

10. COPY OF BANK STATEMENT Financial Statement for 2011 and Company Profile.

11. LAND OWNERS CONSENT Lease from Goodison 29 Limited, which owns the land and is a subsidiary of the

Company. Lease dated 29th June 2011. EIA Licence from NEMA dated 15th August

2008

12. MEMORANDUM AND ARTICLES Not File

13. CERTIFICATE OF INCORPORATION Not in file

14. COUNTY COUNCIL CONSENT Not in file. No consent

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 31st January 2013

21. MEETING RECOMMENDATIONS Approved area is 0.029 SQKM. The Plan was not approved by the Director of Surveys.

The Coordinates are wrong no new coordinates issued.

22. GAZZETTEMENT Yes

23. GAZETTE NUMBER 4168

24. GAZETTE DATE 28th March 2013

25. FEES PAID No receipt in file

26. LICENCE GRANTED Not yet

27. LICENCE NUMBER Not yet

28. LICENCE DATE Not yet

29. RECOMMENDATION After review of this file the following issues were noted: (a) No County Council consent

in file (b) The survey map not signed by Director of Surveys and (c) No tax compliance

certificate on file.

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APPENDIX 38: MARGARET WAGOCHI MACHUA PRECIOUS STONES

1. NAME OF APPLICANT Margaret Wagochi Machua

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 16th November 2001

4. LOCALITY Kwale Kuraze

5. MINING DEPOSIT RECEIPT Receipt Number AX894563 of 21st March 1994

6. COPY OF PROSPECTING RIGHT PR Number 6751 of 9th June 2003. Another PR 5859 quoted but not exhibited.

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program in file. Expenditure KES 96,000

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File for Green corners (precious stone)

10. COPY OF BANK STATEMENT Bank Statement from Equity Building Society. 1st December 2003-31st March 2004. Opening balance-KES

0. Closing Balance 799,656.

11. LAND OWNERS CONSENT No consent from Land Owner. On record is a consent from Taita Taveta County Council dated 9th

September 1994. Yet the area is in Kwale. The Consent is under the name of Benson M. Mwaganga

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable

14. COUNTY COUNCIL CONSENT On record is a consent from Taita Taveta County Council dated 9th September 1994. Yet the area is in

Kwale.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Not tax Compliance certificate

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 12th October 2004

21. MEETING RECOMMENDATIONS Approved area of 2SQKM

22. GAZZETTEMENT Yes for 0.6Sqkm for non-precious minerals

23. GAZETTE NUMBER 317

24. GAZETTE DATE 21st January 2005

25. FEES PAID Paid 2,100 on 1st February 2013

26. LICENCE GRANTED Yes Licence granted

27. LICENCE NUMBER SL 352

28. LICENCE DATE 19th February 2013

29. RECOMMENDATION After review of this file the following issues were noted: (a) No consent from landowner in file (b) No

consent from Taita Taveta County and (c) No tax compliance.

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APPENDIX 39: NAPASS GEMS LIMITED NON-PRECIOUS MINERALS

1. NAME OF APPLICANT Napass Gems Limited

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 8th October 2009

4. LOCALITY Dumbule, Kinango, Kwale

5. MINING DEPOSIT RECEIPT Receipt Number not in file

6. COPY OF PROSPECTING RIGHT PR Number 11016 of 30th June 2009-Look at another volume (7677/04 original)

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program in file- 3.3M

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File – Non precious minerals

10. COPY OF BANK STATEMENT Not in the name of Applicant

11. LAND OWNERS CONSENT Consent dated 04 April 2010

12. MEMORANDUM AND ARTICLES NO in SPL 914

13. CERTIFICATE OF INCORPORATION No in SPL 914 CPR 2009/2097

14. COUNTY COUNCIL CONSENT Consent from Kwale County Council dated 3th August 2009

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 10th August 2012

21. MEETING RECOMMENDATIONS Approved Free Area of 32SQKM

22. GAZZETTEMENT YES

23. GAZETTE NUMBER 15444

24. GAZETTE DATE 26th October 2012

25. FEES PAID Paid KES 12,100/- Receipt Number C.1583585 dated 20th February 2013

26. LICENCE GRANTED Yes Licence granted

27. LICENCE NUMBER SL 355

28. LICENCE DATE 28th February 2013

29. RECOMMENDATION After review of this file the following issues were noted: a) The bank statement on record

is not in the name of the applicant (b) No tax compliance certificate and (c) No mining

deposit on record.

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APPENDIX 40: PATHWAY MINING RESOURCES MANGANESE ORE, COPPER ORE AND IRON ORE

1. NAME OF APPLICANT Pathway Mining Resources

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 18th July 2012

4. LOCALITY Koibatek Baringo

5. MINING DEPOSIT RECEIPT Receipt Number A.8470019 of 14th March 2012

6. COPY OF PROSPECTING RIGHT PR Number 13486 dated 14th March 2012

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program in File. Expenditure KES 5.9M

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File. For Manganese ore and copper and iron ore

10. COPY OF BANK STATEMENT Statement from Wells Fargo Dated 30th April with Opening Balance of USD 53653.23

and a closing balance USD 141,263 in the name of Mark Baldin and Rosemary Moki.

Rosemary Moki is also a partner in the business name.

11. LAND OWNERS CONSENT Several land owners consent in file dated 25th February 2012

12. MEMORANDUM AND ARTICLES Not Applicable

13. CERTIFICATE OF INCORPORATION Not Applicable

14. COUNTY COUNCIL CONSENT Consent from County Council of Koibatek dated 4th July 2012 in file

15. BUSINESS NAME REGISTRATION BN2012/161786 dated 26th March 2012

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance in File

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 10-Aug-12

21. MEETING RECOMMENDATIONS Approved Free area of 2SQKM in Mogotio

22. GAZZETTEMENT Yes

23. GAZETTE NUMBER 16687

24. GAZETTE DATE 16th November 2012

25. FEES PAID KES 12100 on 15th January 2013. Receipt Number C.1233742

26. LICENCE GRANTED Yes Licence granted

27. LICENCE NUMBER SL 350

28. LICENCE DATE 25th January 2013

29. RECOMMENDATION After review of the file the following issues: (a) The Foreign Bank Statements and (b) No

tax compliance certificate in file.

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APPENDIX 41: AQ KENYA LIMITED 1033 GOLD, NICKEL AND IRON ORE

1. NAME OF APPLICANT AQ Kenya Limited 1033

2. TYPE OF LICENCE APPLIED FOR Special Licence

3. DATE OF APPLICATION 7th October 2010

4. LOCALITY Turkana

5. MINING DEPOSIT RECEIPT Receipt Number 9953571 dated 27th September 2010

6. COPY OF PROSPECTING RIGHT PR Number 11409 dated 17th September 2010

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Work Program not in file

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File for Gold, Nickel and Iron ore

10. COPY OF BANK STATEMENT Statement cannot be ascertained from which Bank. In the name AQ Kenya Gold Limited.

17th July 2010-6th October 2010. Opening balance KES 0 Closing 7,946,600.

11. LAND OWNERS CONSENT Several land owners consents in file dated 4th December 2010

12. MEMORANDUM AND ARTICLES In file

13. CERTIFICATE OF INCORPORATION CPR/2010/29291 dated 16th August 2010

14. COUNTY COUNCIL CONSENT Consent from County Council of Turkana dated 12th February 2011 in file

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE No tax Compliance in File

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 13th October 2011

21. MEETING RECOMMENDATIONS Approved Free Area of 804SQKM

22. GAZZETTEMENT Yes

23. GAZETTE NUMBER 7533

24. GAZETTE DATE 31st May 2012

25. FEES PAID KES 203,100 on 25th September 2012. Receipt Number C.0455531

26. LICENCE GRANTED Yes Licence granted

27. LICENCE NUMBER SL 353

28. LICENCE DATE 19th March 2013

29. RECOMMENDATION Upon review the following documents could not be found in the file: (a) work program

expenditure and (b) tax compliance certificate

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APPENDIX 42: WANJALA MINING LIMITED IRON ORE

1. NAME OF APPLICANT Wanjala Mining Limited

2. TYPE OF LICENCE APPLIED FOR Special Licence (Applied for Special Mining Lease but given Special Licence)

3. DATE OF APPLICATION Applied for Mining Lease over their Special Licence on 2nd June 2010. Over special Licence Number 251

4. LOCALITY Taita Taveta

5. MINING DEPOSIT RECEIPT BB.001982 of 3/4/11995

6. COPY OF PROSPECTING RIGHT PR Number 13623 dated 24th

July 2012 in the name Mahamud Kassam Miyanji agent of Wanjala Mining

Company Limited.

7. COPY OF WORK PROGRAM AND

EXPENDITURE PROPOSAL

Feasibility Study On file

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Sketch in file

9. APPLICATION FORM IN TRIPLICATE Yes in File

10. COPY OF BANK STATEMENT Not in File

11. LAND OWNERS CONSENT No Land Owner Consent. Dispute with Land Owners subsists. Lease Agreement dated 28th March 2007

with County Council of Taita Taveta.

12. MEMORANDUM AND ARTICLES Memorandum in the submitted Memoranda

13. CERTIFICATE OF INCORPORATION C.73739 of 19 November 1196

14. COUNTY COUNCIL CONSENT Dispute with Land Owners subsists. Lease Agreement dated 28th March 2007 with County Council of Taita

Taveta.

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ---

17. ANY OTHER CONSENTS NEEDED? N/A

18. TAX COMPLIANCE Check other Files

19. PMLC MEETING Yes PLMC meeting

20. MEETING DATE 3rd August 2010

21. MEETING RECOMMENDATIONS Approved Free Area of 64SQKM in Kishushe Taita Taveta Approved on the basis of a proposed Sponge

Iron Plant.

22. GAZZETTEMENT No

23. GAZETTE NUMBER Not yet

24. GAZETTE DATE None

25. FEES PAID None

26. LICENCE GRANTED Yes Licence granted

27. LICENCE NUMBER Special Mining Licence 354

28. LICENCE DATE 27th March 2013

29. RECOMMENDATION Upon review the following documents could not be found in the file: (a) No landowner consent, dispute on

the land (b) no tax compliance certificates (c) licence issued but no evidence condition was met.

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APPENDIX 43: CORTEC MINING KENYA LIMITED RARE EARTH AND BASE METALS

1. NAME OF APPLICANT Cortec Mining Kenya Limited

2. TYPE OF LICENCE APPLIED FOR Exclusive Prospecting License 256 and alter applied for a PSecial Minning Lease but were granted Special (Mining) License

number 351.

3. DATE OF APPLICATION Special Mining Lease over their special Mining Licence number 256. No Application-Not stamped dated 22/05/2004.

4. LOCALITY Mrima Hills

5. MINING DEPOSIT RECEIPT DX06879 dated 15/05/2007 in the name Harrie Kinoste Ndungu 5969067 dated 24th May 2007 in the name of Mr. Harrie

Kinoste Ndungu

6. COPY OF PROSPECTING RIGHT PR number 8258 dated 15/05/2007 in the name of Harrie Kinoste Ndungu.

7. COPY OF WORK PROGRAM Yes for 6 Million received on the 22/05/2007.

8. SKETCH MAP AND SCHEDULE

DESCRIPTION OF THE AREA

Yes in File Area Applied for 750SQKM. Application for extension dated 12/06/2007 for 1250SQKM

9. APPLICATION FORM IN

TRIPLICATE

Form 6 in triplicate

10. COPY OF BANK STATEMENT Scanned copy of letter from Bank

11. LAND OWNERS CONSENT Consent issued to Harrie Kinoste and not Cortec dated 26/10/2007. Kenya Forest Service and National Museums consent was

to be sought due to the nature of the area.

12. MEMORANDUM AND ARTICLES Dated 18th May 2007 Shareholders-Kigen Kandie and Wilson Kirungie Gachanja

13. CERTIFICATE OF

INCORPORATION

Certificate of Incorporation C141313 dated 4th July 2007.

14. COUNTY COUNCIL CONSENT Consent from Kwale County Council to Harrie Kinoste Ndungu dated 16/05/2007

15. BUSINESS NAME REGISTRATION N/A

16. ALL DOCUMENTS SUBMITTED? ----

17. ANY OTHER CONSENTS NEEDED ? Yes but not on record.

18. TAX COMPLIANCE N/A

19. PMLC MEETING Yes

20. MEETING DATE 17/10/2007

21. MEETING RECOMMENDATIONS Deferred due to lack of consent.

22. GAZZETTEMENT Yes for the SPL Licence

23. GAZETTE NUMBER 11830

24. GAZETTE DATE 30/11/2007 for 1180SQKM

25. FEES PAID Receipt Number 8714814 dated 11/03/2008 for KES 616,300

26. LICENCE GRANTED Yes for an area of 1180 SQKM

27. LICENCE NUMBER 256

28. LICENCE DATE 1/04/2013

29. RECOMMENDATION Cortec applied for SML over SL 256. But have been issued with a Special Mining Licence. In the PMLC the Committee found

that the initial issuance of 256 had been improperly issued and recommended cancellation. The PR right, County Council

Consent, Mining Receipt in the name of Harrie Kinoste Ndungu. At the time of application the Harrie Kinoste Ndungu applied

on own account and not on account of Company.

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APPENDIX 44: THE ADVERTISEMENT IN THE PAPER

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APPENDIX 45: LIST OF COMPANIES THAT SUBMITTED MEMORANDA

NO. Company Name ADDRESS

1. Turkana Minerals Exploration Company P.O BOX 13927-00800 NAIROBI

2. Napass Gems Ltd

Krishna Mansion, 3rd

Floor

P.O. Box 47608-00100

NAIROBI

3. Netsol Engineering Ltd

P.O. Box 1078-00606,

NAIROBI

4. Carbacid (Co2) Ltd

Commercial Street

P.O. Box 30564

NAIROBI- 00100

Tel. 020-80683349

5. M-Benisa Enterprises

Rongai Corner Building 2nd

floor

P.O. Box 21-8040

DIANI UKUNDA

6. Madini Mining Co. Ltd

Rongai Corner Building 2nd

floor

P.O. Box 21-8040

DIANI UKUNDA, SOUTH COAST

7. Oza Group Ranch

Taita Taveta County

P.O. Box 170-80305

MWATATE

8. Wanjala Mining Co.Ltd. P.O. Box 82166- 80100

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MOMBASA

9. Mwasui Ranch

Shako Family

P.O. Box 74308-00200

NAIROBI

10. Redrock Resources

Ivybridge House,

1 Adam Street,

LONDON WC2N6LE

11. Aq Kenya Gold Ltd.

P.O. Box 3766-40100

KISUMU

12. Shabak Limited

P.O. Box 28457-00100

NAIROBI

13. Catherine Kijala Mwamuzi

P.O. Box 79697-00200

NAIROBI

14. Alison Holdings Ltd.

Venice Court, Menelik road

P.O. Box 79697-00200

NAIROBI

15. Wacho Investments Co. Ltd

P.O. Box 53983-00200

NAIROBI

16. Aristariko Otsuku Kabole

P.O. Box 1780

NAIROBI

17. Apex Africa Resource Ltd.

Longonot Road, Off Kilimanjaro Ave.

Upper Hill

P.O. Box 1374-00600

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NAIROBI

18 Strabiz Investments Ltd.

P.O. Box 395,

VOI, KENYA

Tel. 020-80683349

19. Perpetuitus International Investments Ltd. P.O. Box 33717-000600

NAIROBI

20. Base Titanium

P.O. Box 1214,

Ukunda 80400

UKUNDA KENYA

Tel. 077317506

21. African Line Transport Co. Ltd.

P.O. Box 43021

MOMBASA

22. Robert Lee Steere

P.O. Box 38432,00623

NAIROBI

Tel. 0722410303