Browse Section 11 of the Mining Act 2016

Disclaimer!

  • The digital version of the Mining Act No. 12 of 2016 provided through our platform is for informational purposes only. While we strive to ensure the accuracy and reliability of the information, we make no guarantees regarding the content's completeness, accuracy, or timeliness.
  • This service does not constitute legal advice; you should consult a qualified legal professional for specific legal guidance.
  • Using our platform is at your own risk, and we are not liable for any losses or damages resulting from reliance on the information provided. By using this service, you agree to these terms and conditions.

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.