Inside efforts to restore damaged sandy riverbeds of Ukambani

Ukambani region, with an intertwining network of seasonal rivers has for long been a playground for organised sand gangs akin to dealers of narcotics.

Middlemen and truck owners have their gangs stationed at specific points near the rivers, armed with shovels ready for duty and crude weapons to protect their turf.

The men negotiate a price, of between Sh4,000 and Sh6,000 per truck, before descending on the rivers with gushing, dusty fury to load the sand.

The loaders who are each paid a measly Sh300 per truck, pound the rivers like a swarm of hungry beetles working on a cow dung mountain.

The end result is ugly riverbeds, with bedrocks sticking out as the harvesters scoop every grain of sand without care.

For years, Makueni and Kitui Counties where rivers form rich sand banks have witnessed unparalleled environmental degradation, leaving local leaders cracking their heads on how best to handle the menace.

In 2015, Makueni County enacted Makueni County Sand Conservation and Utilisation Act to regulate sand harvesting and utilisation. It also sought to protect the environment and earn revenue for the county.

The law however did not instantly deter the sand cartels and middlemen whose eyes were set on big money through the supply of sand to Nairobi and other busy construction towns.

Makueni's chief officer for environment, natural resources, mining and climate change Dr Geoffrey Muthoka says that the implementation of the sand legislation over the years has succeeded in restoring the once degraded rivers and conserving the surrounding environment while boosting water security.

Muthoka noted that once the residents were sensitised on the importance of protection of rivers and the environment, they owned the idea thus making it easy to implement the law.

"Our once degraded rivers have come back to life due to relentless efforts on sand conservation, that has addressed the water insecurity in a big way," said the chief officer.

He added that in some parts of Makueni, rivers are bursting with huge volumes of sand which serves to conserve underground water.

The officer revealed that the law also established sand harvesting sites which are managed by ward sand committees. The committees have the responsibility of ensuring that sand is mined up to a certain depth before closing the sites, explains Muthoka.

He said the county is currently working on a policy on how best to sustainably utilise the huge volumes of sand to ensure maximum revenue generation for the county government.

Kitui has introduced a new sand law to curb unregulated sand harvesting. [Philip Muasya, Standard]

"The legislation only needs proper and strict implementation which will ensure that the local economy grows and revenue generation for the county," says Alex Munyoki, the chairman of the Chamber of Commerce and Industry, Kitui chapter and a former Kitui mayor.

Progressive law

Munyoki urges local communities around the rivers to be on alert to ensure that sand harvesters do not violate the law.

"We expect our local youths to get jobs both at the rivers and at the sand aggregation yards for loading sand," he says.

Recalling how the sand cartels had attempted to capture the Assembly in their bid to water down the legislation in their favour, Speaker Kevin Kinengo described the legislation as the most progressive law for the county and urged locals and business people to respect it.

In streamlining the sand sector, the Act has proposed a raft of measures and penalties that will bring order to the sand value chain, ensure protection and conservation of rivers and the surrounding environment, create a revenue stream for the county government as well as create jobs and opportunities for hundreds of locals. For instance, the legislation makes it mandatory for sand harvesters and transporters to have valid licences issued by the County Executive Committee Member (CECM) in charge of natural and mineral resources.

Harvesting or transporting sand for both local and non-local commercial use without a valid permit attracts a fine of Sh200,000 or a prison sentence of not less than two years, or both. Again, harvesting and transportation of sand at night has been banned, with the operating time capped at between 6am - 6pm. Flouters of this regulation will be liable to a fine of not less than half a million shillings or an imprisonment term of not less than three years, or both.

The new law proposes identification and gazettement of specific sand harvesting sites and sand aggregation yards. This is to discourage heavy trucks from going to the rivers. Only small lorries will be allowed to ferry sand from the rivers to sand yards through designated access roads.

Any person found harvesting sand in a non gazetted site will be fined Sh500,000 or imprisonment of not less than three years, or both. Similar fate will fall those who operate unauthorised sand yards.

At the designated harvesting sites, scooping of sand will not exceed one metre depth. This is to ensure that adequate reserves of sand are retained in the river for water retention.