Legal Instruments
The Constitution of Kenya vests the ownership of natural resources including minerals in the national government to be held in trust for the people of Kenya. The Constitution gives the state the obligation to ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and to ensure the equitable sharing of the accruing benefits. The State Department of Mining in a bid to ensure that the state meets its obligations, makes laws, regulations and policies to govern the mining sector.
The Mining Act mandates the Cabinet Secretary to make regulations whose purpose is to give powers, responsibilities, rights and procedures for the effective management of the sector.
The following are the existing principal policies and laws governing mining in Kenya:
Other regulations under the Mining Act are currently being developed by the State Department in consultation with stakeholders.
