problems created by the kenyas mining act

The Kenyan mining sector: a win-win …

The Kenyan mining sector may be in its infancy but regulatory and legislation changes are sure to boost investment appetite in the country. ... This includes a 20 year strategy paper on how Kenya …


Kenya new Mining Act positions the country for great mining growth

The government has recognised that the mining industry is a key pillar for growth and economic transformation and so we are preparing the country for the next big wave of mining activity." Until now, Kenya has failed to attract any major investment, which Kazungu believes is largely owing to a colonial mining act which was passed in 1940 ...


Background Information | State Department for Mining

Background Information. The State Department for Mining was created under the re-organization of the Government of the Republic of Kenya vide Executive Order No. 1 of January 2023. Previously under the Ministry of Petroleum and Mining, it is currently under the Ministry of Mining, Blue Economy and Maritime Affairs.


Reviving Kenya's mining sector

Kenya is richly endowed with mineral resources and has reformed the legal framework of the sector through the Mining Act 2016 and updated geodata through a recent airborne …


Corruption, transparency and regulation: how at risk is Kenya's mining …

A report from Transparency International Kenya set out to answer exactly that. The Corruption Risk Assessment in Mining Awards, 2017 focused specifically on the Kitui, Kwale and Taita Taveta counties in Kenya, with the goal of presenting a number of risks and vulnerabilities and more importantly, provide a number of recommendations to …


MINING ACT

LAWS OF KENYA MINING ACT NO. 12 OF 2016 Revised Edition 2019 [2016] Published by the National Council for Law Reporting with the Authority of the Attorney-General [Rev. 2019] Mining ... This Act may be cited as the Mining Act, 2016. 2. Scope of the Act (1) This Act shall apply to the minerals specified in the First Schedule. ...


Home | State Department for Mining

The State Department for Mining was created under the re-organization of the Government of the Republic of Kenya vide Executive Order No. 1 of January 2023 under the Ministry of Mining, Blue Economy and Maritime Affairs, previously it was under the Ministry of Petroleum and Mining. The State Department was established to provide …


Mining Act, 2016 (No. 12 of 2016).

Abstract. This Act provides rules for the prospecting for and mining of minerals specified in the First Schedule to this Act. Save to the extent provided for in this Act, it shall not apply to matters relating to petroleum and hydrocarbon gases. The Cabinet Secretary responsible for mining, the Principal Secretary of the responsible ministry ...


THE MINING (ROYALTY COLLECTION AND …

THE MINING ACT (2 of 2016) IN EXERCISE of the powers conferred by sections 188(2) and 223(2)(a) of the Mining Act, 2016, the Cabinet Secretary makes the following Regulations — THE MINING (ROYALTY COLLECTION AND MANAGEMENT) REGULATIONS, 2023 Citation. 1. These Regulations may be cited as the Mining (Royalty


Mining sector reforms to earn Kenya Sh1.6 trillion in GDP – …

According to president William Ruto Kenya has attracted Sh157.4 billion ($1 billion) in investments after introducing reforms in its mining sector to position it as a key driver of economic growth.


THE POPULAR VERSION

Mining Act Cap 306 enacted way back in 1940 meaning that the industry was operat-ing within an archaic legal framework which was out of touch with the constitution and …


REPUBLIC OF KENYA ––––––– KENYA GAZETTE …

PART I—PRELIMINARY PROVISIONS. 1. This Act may be cited as the Mining Act, 2016. Short title. 2. (1) This Act shall apply to the minerals specified Scope of the Act in the First Schedule. (2) The Cabinet Secretary may from time to time, by notice in the Gazette, amend the First Schedule to this Act. 3.


Regulating Mining: A New Vision for Kenya?

The Mining Act has provisions covering various mining issues including but not limited to: mineral rights disputes relating to license and permits 26 ; structures for negotiating …


Home | State Department for Mining

The State Department for Mining was created under the re-organization of the Government of the Republic of Kenya vide Executive Order No. 1 of January 2023 under the Ministry of Mining, Blue Economy and Maritime Affairs, previously it was under the Ministry of Petroleum and Mining. The State Department was established to provide leadership in ...


Kenya's mining industry: set for a boom?

According to the Kenya Economic Survey 2015, between 2010 and 2014 the total quantity of mineral production in Kenya rose from 1.4 million tonnes to 1.7 million. The total value of mineral production rose by over KSh5bn ($50m) from KSh15bn in 2010 to KSh20bn in 2014. "Kenya will be one of the largest rare earth producers in the world.".


(DOC) KENYA'S LEGAL FRAMEWORK ON MINING: IT'S

KENYA'S LEGAL FRAMEWORK ON MINING: IT'S ADEQUACY IN SAFEGUARDING THE SOCIAL, ECONOMIC AND ENVIRONMENTAL WELFARE OF THE LOCAL COMMUNITY IN MUI BASINnd ... Mining Cabinet secretary Dan Kazungu said the new Bill will address key gaps in the Mining Act of 1940, and align the sector to the latest global trends such …


2017 2018 Minerals Yearbook

products, 274 (Kenya National Bureau of Statistics, 2017, p. 62–63; 2018, p. 41, 44). In May 2016, the President of Kenya signed the Mining Act 2016, which replaced the Mining Act 1940. The new legislation gave the Government a 10% free-carried interest in mining operations, legalized artisanal mining, simplified the types


Kenya's new mining act is a modern piece of …

Kenya's new Mining Act is the first major revision in mining law in the country since the 1940s. The new Act is largely considered to be a modern piece of legislation that is clear in terms of ...


Kenya's Mineral Landscape: A Review of the Mining Status …

Kenya is an East African country with the third-largest economy in sub-Saharan Africa. The demand for metals and minerals continues to increase due to urbanization, population rise, and new infrastructure growth in different countries. Kenya formally confirmed the discovery of oil and various minerals in April 2013, launching itself …


Kenya's mining sector shows promise but shifting …

A nascent mining industry is forming in Kenya, with the first large-scale mining project expected to begin exports this month, although a spate of changes to the regulatory framework over the past 18 months has made for a tighter operating environment for producers. In late January, Australia's Base Resources, operator of the $305m Kwale …


A hopeful mix between governance and gold in Kenya

Legal artisanal and small-scale mining (ASM) contributed $224 million to the Kenyan economy in 2022, representing over half of the country's mining output. This sector creates jobs, employing roughly 250 000 miners, 40% of whom are women, and supporting the livelihoods of over 800 000 people. However, when unregulated, as in Illo, …


Mining Act Analysis

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Reviving Kenya's mining sector

The mining sector has immense potential to be a core driver of Kenya's economic revival in the post-COVID-19 era. As it stands, the $300m Base Titanium Kwale mineral sands project, which is also ...


Kenya: Mining outlook 2023 – Current status and …

Whilst the new Act was an improvement on the old legislation (which had been in place since the 1940s), productivity in the mining sector remains low, with only a …


MINISTRY OF MINING THE REPORT OF SUB …

search of the mining law and ending the journey that has taken more than two decades. The Act replaced the pre-independence Mining Act Cap. 306 of 1940. In keeping with the provisions of the Constitution 2010, the Act vests the ownership of the minerals in the national government in trust of the people of Kenya.


Overview of Kenya's Extractive Sector

important contributor to Kenya's economy is a more recent development. Mining has been an active industry in Kenya for over 80 years. It is difficult to pinpoint just when mining activities commenced because until recently little attention has been paid to this sector. For example, in areas like western Kenya, gold mining has been ongoing ...


"Informal, not illegal": inside Kenya's artisanal mining industry

The sheer scale of the ASM sector is also reflected in its GDP contribution, compared to that of formalised miners. The ARM report estimates that, based on extrapolating known data for the whole of Kenya, the ASM gold sector alone contributes around $224m to the national economy, worth around 0.35% of total Kenyan GDP and …


The legal character of mineral rights under the new mining law of Kenya

32 Kenyan Mining (Local Equity Participation) Regulations, 2012, Kenya Gazette Supplement No 147, Special Issue (12 October 2012). 33 Ibid, Regulation 3. 34 The new Mining Act, 2016 has indeed provided for free carried interest in all large-scale mining licences, a practice that is widespread in Africa. However, the regulation at the time of ...


Exploring: A detailed look at Kenya's Mining Act, 2016

Key highlights. Pre-emptive Rights. Section 8 of the Act provides that the State has the right of pre-emption over all strategic minerals raised, won or obtained within Kenya before they are sold.


Mining Act Analysis

After 75 years, Kenya passed a new and modern mining code which was assented to on 6th May 2016. The new Act reflects the spirit and intent of the Constitution of Kenya 2010 to ensure that activities related to mining and exploitation of minerals are beneficial to the citizens of Kenya. In keeping with the provisions of the Constitution of ...