The Mining (Amendment) Bill, 2023

1 Sep 2023 domainNational Assembly No. 51 of 2023 Gazette: Supplement No. 149 of 2023
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Status Timeline

Proposed

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Public Review

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Debate

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Executive

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Final

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1

Establishment of the Mining Regulatory Authority

Establishes a new Mining Regulatory Authority under Section 30 to replace the advisory Mineral Rights Board. This body corporate will:

  • Regulate the exploration, extraction, production, processing, refining, transport, storage, and sale of minerals.
  • Issue, renew, modify, suspend, or revoke mining licenses and permits.
  • Impose administrative fines up to KSh 100,000 per day for compliance violations.
2

Establishment of the Mining Rights Tribunal

Establishes the Mining Rights Tribunal under Section 31N to hear disputes. Key features include:

  • A chairperson nominated by the Judicial Service Commission who is qualified to be a High Court judge.
  • Jurisdiction to hear appeals from any person aggrieved by decisions of the Authority regarding licensing, fees, or mining rights.
  • Power to confirm, set aside, or vary decisions, with further appeals directed to the High Court within 14 days.
3

Artisanal Mining Capital and Depth Thresholds

Amends Section 4 of the Act to introduce clear definitions for artisanal mining operations:

  • Must be carried out by a person, group, or cooperative using basic equipment without formal training.
  • Capital investment must not exceed KSh 1 million.
  • Vertical depth of exploration or excavation is capped at thirty meters.
4

Fines Up to KSh 1 Million for Obstructing Mining Inspectors

Amends Section 205 to strengthen enforcement of compliance monitoring. Anyone who hinders, obstructs, or fails to comply with orders issued by a mining inspector faces:

  • Imprisonment for a term not exceeding three years.
  • A fine of not less than KSh 1 million.
  • Or both penalties simultaneously.

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