Legal Alert | Kenya | Mining Act | Additional Regulations - Africa Legal Network

Legal Alert | Kenya | Mining Act | Additional Regulations


Following our recently concluded series of alerts on the first set of mining regulations gazetted by the Ministry of Mining (click here), the following additional regulations have recently been gazetted and are now in effect:

  • The Mining (Reporting of Mining and Mineral Related Activities) Regulations, 2017 (Reporting Regulations);
  • The Mining (National Mining Corporation) Regulations, 2017 (National Mining Corporation Regulations);
  • The Mining (Strategic Minerals) Regulations, 2017 (Strategic Minerals Regulations);
  • The Mining (Mine Support Services) Regulations, 2017 (Mine Support Services Regulations);
  • The Mining (Community Development Agreement) Regulations, 2017 (Community Development Agreement Regulations); and
  • The Mining (Award of Mineral Rights by Tender) Regulations, 2017 (Award of Mineral Rights by Tender Regulations).

In addition, on 30 August 2017, the Cabinet Secretary for Mining (the CS) published a notice notifying interested parties that all pending applications for mineral rights are to be determined pursuant to the Mining Act, 2016 (the new Act) and requiring all holders of mineral rights prior to 27 May 2016 whose rights had expired prior to the appointment of the Mineral Rights Board to submit applications for new licences or permits in accordance with the provisions of the new Act. Failure to submit a complete application in accordance with the new Act will result in the removal of the non-compliant application from the Mining Cadastre portal on 31 October 2017.

The notice notes that all mineral rights granted under the new Act and those granted before the commencement of the new Act remain in force and shall be made available on a Cadastre. The Cadastre is an online repository and information management tool established by the Ministry of Mining for the purposes of regulating the issuance of licences and permits for mineral rights and dealings in minerals.

Mineral rights granted under the new Act should be made available on the Cadastre within thirty  days from the date of grant while existing rights should be made available within six  months after the coming into force of the Reporting Regulations (by 4 February 2018).

Anjarwalla & Khanna will be continuing our series of mining alerts covering the Regulations set out above in order to provide you with a better understanding of these new regulations and the effect they may have on your day to day business activities.

If you have any questions regarding this legal alert or require more information on the impact of these new laws, please contact Dominic Rebelo.

Dominic Rebelo

The content of this alert is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.