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State banks on Environmental Deposit Bonds to guarantee mining site restoration

The Government is enforcing the Environmental Management and Co-ordination (Deposit Bonds) Regulations, 2025, to compel mining firms to rehabilitate and restore land degraded by extractive activities, strengthening environmental protection efforts in the country.

Principal Secretary (PS) for Mining, Harry Kimtai, said the Environmental Management and Coordination Act (EMCA) now requires all licensed mining firms to deposit an Environmental Deposit Bond as a financial guarantee to ensure compliance with restoration obligations.

Under the regulations, the bond acts as security to cover the full cost of environmental rehabilitation should a company fail to restore mined areas to their original condition. The bond is only refunded upon satisfactory restoration as verified by regulators, ensuring accountability and adherence to environmental standards.

“If you have not planted trees or restored the mining site, we will use the funds you deposited to undertake the restoration without incurring public expense. You must restore the land to its original state for the bond to be refunded. Failure to do so means the funds will be used for rehabilitation,” said the PS.

Kimtai spoke in Tsunza at the Mwache Mangrove Conservation Area, where he led staff from the Ministry of Mining, Blue Economy and Maritime Affairs, in collaboration with the World-Wide Fund for Nature (WWF), in planting over 20,000 mangrove propagules in support of the government’s target of growing 15 billion trees by 2032.

He commended stakeholders for supporting the Ministry in achieving its target of planting 20 million trees by providing seedlings. He also extolled Community Forest Associations for their critical role in nurturing and sustaining the trees.

“This time we plan to plant over 20,000 trees. We have started today, and we will continue until we reach our target,” he said.

The PS urged more stakeholders to join the tree-growing initiative in line with the presidential directive issued in December 2022, which aims to increase the country’s tree cover to 30 per cent by 2032 in response to climate change.

“Let’s cooperate to achieve the President’s initiative that was given to us,” he stated.

Kimtai lauded Base Titanium for its exemplary land rehabilitation and restoration programme following the closure of its mining operations in Kwale County in December 2024 after 11 years. He noted that the company’s post-mining closure plan includes long-term environmental monitoring and restoration of mined-out areas.

“They will remain in these areas for the next 15 years, even after completing mining activities, to ensure the land is fully restored. I urge other mining firms to collaborate with the Ministry in spearheading tree planting and environmental conservation,” he said.

“Let’s continue to grow our economy through mining while ensuring we protect and restore our environment. The country will prosper, and our environment will remain sustainable,” he added.

The PS emphasised that tree planting should be a continuous effort rather than a one-day activity to meet national targets.

He also encouraged Kenyans to embrace tree planting to benefit from carbon credits, noting that the country has established robust legal and institutional frameworks, including the Kenya National Carbon Registry, to facilitate participation in global carbon markets while safeguarding national interests.

Kimtai further warned against illegal coral reef mining, stressing that operators must obtain valid licences and comply with environmental restoration requirements after completing their activities.

WWF CEO Jackson Kiplagat said the organisation had supported the initiative by providing seedlings and called for enhanced collaboration to achieve the 15 billion tree target by 2032.

By Sadik Hassan 

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