The Mining (Amendment) Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Strict 21-Day Deadline for Royalty Transfers
The bill introduces Section 190A(1), requiring the Cabinet Secretary to transfer mineral royalties allocated to county governments and local communities to the respective county revenue fund within twenty-one days of receipt.
Establishment of Elected Community Committees
Under the proposed Section 190C, counties must establish a Community Project Implementation Committee within sixty days of receiving mining licence details. The committee will consist of an elected chairperson, three men, three women, and a county public officer acting as an ex-officio secretary, all serving a non-renewable term of five years.
Academic and Integrity Standards for Committee Leaders
To qualify for election as chairperson of a Community Project Implementation Committee, candidates must be Kenyan citizens, members of the respective community, hold a first degree from a university recognized in Kenya, and satisfy the leadership and integrity standards of Chapter Six of the Constitution.
Ring-Fencing of Local Community Funds
The proposed Section 190A(2) mandates that the county executive committee member responsible for finance must set aside all royalty funds allocated to communities under section 183(5)(c). These funds can only be utilized for projects identified by the community project identification committee.
Bill No.
Senate Bill No. 22 of 2025
Gazette No.
Supplement No. 189 of 2025
Sponsor
Karen Njeri Nyamu
Background
The Mining (Amendment) Bill, 2025 seeks to amend the Mining Act (Cap. 306) to address gaps in the utilization and distribution of mineral royalties. While the principal Act outlines the allocation of royalties, this amendment introduces an operational structure to ensure the shares designated for county governments and local host communities are promptly transferred, protected from diversion, and managed directly by representatives of the beneficiary communities.
Key Amendments
- Insertion of Part XXIIA: Adds a new Part immediately after Part XII of Cap. 306, establishing the framework for sharing mineral royalties among local communities.
- Section 190A (Alienation of Royalties): Details the 21-day timeline for royalty transfers by the Cabinet Secretary and mandates the ring-fencing of community shares in the county revenue fund.
- Section 190B & 190C (Licence Notification and Committees): Imposes a duty on the Cabinet Secretary to share licence details with counties within seven days, and outlines the election process, composition, and qualification criteria for Community Project Implementation Committees.
- Section 190D (Committee Functions): Details the explicit roles of the committees in identifying, monitoring, and convening public forums for community projects.
- Amendment to Section 223: Expands the Cabinet Secretary's regulation-making powers to include prescribing the manner of electing chairperson and committee members.
New Obligations
- For the Cabinet Secretary: Must transfer community and county royalty shares to the relevant county revenue fund within twenty-one days of receipt. The Cabinet Secretary must also provide county mining executives with particulars of any newly granted or renewed mining licences or permits within seven days.
- For County Governments: The county finance executive must isolate community royalty allocations and only release them for projects approved by the community committee. The county mining executive must publicise and conduct elections for the community committees within sixty days of receiving license notifications, and gazette the winners within fourteen days of the election.
- For Community Committees: Must meet at least once every three months, maintain a quorum of four members, and formally disclose any direct or indirect conflicts of interest during deliberations.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.