Current Legislative Framework on Mining
The Mining Act 1940 (chapter 306 of the Laws of Kenya) (the “Mining Act”) regulates all mining activities in Kenya. The Commissioner of Mines and Geology (the “Commissioner”), heads the Department of Mines and Geology and is responsible for overseeing mining research and policy as well as implementing the Mining Act.
The ownership of all mineral deposits vests in the Government. In order to carry out mining activities, an investor must apply to the Commissioner to the necessary right, licence or lease as set out below in summary.