Browse the Mining Act 2016

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Sec. 11 - Acquisition of rights in minerals.

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Sec. 11 (1)

A mineral right may be granted to or be held by a person who -

  1. is of sound mind;
  2. has attained the age of eighteen years;
  3. is an undischarged bankrupt;
  4. has the required technical capacity, expertise, experience and financial resources, however this shall not be a requirement for artisanal and small scale mining operations wholly owned by Kenyans; and
  5. is not otherwise disqualified under any written law.

Sec. 11 (2)

A mineral right may be granted to or be held by a company which -

  1. is registered and established in Kenya;
  2. has not commenced voluntary winding up pursuant to the Companies Act;
  3. is not subject to winding up by a court pursuant to the Companies Act; or
  4. is not in liquidation.

Sec. 11 (3)

Subject to sub-section (2), the directors of the company shall be required to demonstrate the required technical capacity, expertise, experience and financial capacity.

Sec. 11 (4)

The provisions of subsections (1) (d) and (3) shall not apply to artisanal miners.

Sec. 11 (5)

In this section the word "established" means that the company is-

  1. operating in the registered office subject to the provisions of the Companies Act; and
  2. in operation within Kenya.

Sec. 15 - Cabinet Secretary may restrict or exclude areas from operations.

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Sec. 11

The Cabinet Secretary shall upon recommendation of the Mineral Rights Board, by notice in the Gazette, exclude such areas as may be specified in the notice to be areas excluded from the operations under a mineral right or in which such operations are restricted, if-

  1. designating the area would not be incompatible with the continued enjoyment of an existing mineral right; or
  2. written consent has been given by an authority, agency, the Cabinet Secretary or any other person required to do so under any written law.