The government through the State Department for Mining has come up with proposals, aimed at streamlining the mining industry and transforming it into a leading source of revenue for the country.
The new regulations include the Draft Minerals, Mining and Beneficiation Policy, Draft Mining (Mine Health, Safety and Environment) Regulations 2026, Draft Explosives Bill 2026 together with Explosives (Licenses and Fees) Regulations 2026.
The Explosives Act, 2026 proposes to repeal and replace the Explosives Act, Cap. 115 which still bears colonial-era legislation dating back to 1939.
It was last amended in 1969.
The Mining (Mine Health, Safety and Environment) Regulations 2026 on the other hand proposes safeguards to the safety, health and welfare of persons working in mines and in the vicinity.
While addressing the press in Nyeri on the sidelines of a Regional Public participation forum on the new proposals, David Onyancha, Secretary Administration at the State Department for Mining said once assented into law, the new regulations will not only streamline how commercial mining operations are undertaken in the country, but also open up more employment opportunities for citizens.
He said under the Explosives Act, there is provision for the establishment of the Directorate of Explosives and Inspections, which will be responsible for the enforcement of restrictions on the possession, manufacture, storage, dealing, imports and transportation of explosives.
“We wish to revamp the sector (mining) because some of the legislation touch on laws that are a century old and we want to align them with the realities on the ground,” he told KNA.
“The government has seen it prudent to explicitly come out and carry this exercise, so that we can get the views of mwananchi according to our Constitution article 10 and 69, which demands that before any law is enacted, the people’s view must be sought for.”
Onyancha also clarified that the Explosives Bill seeks to cure the current challenge in the regulation of unauthorized use of detonators by outlining the criteria on granting licenses for the manufacture and use of explosives.
“We had cases where the explosives were misused but now, we are aligning them with the realities on the ground so that the explosives don’t get into the wrong hands. The Bill proposes prudent use of the explosives in mining,” he pointed out.
Article 20 (1) of the Bill proposes that no person shall manufacture any category of an authorized explosive unless that person is licensed from the Chief Inspector of Mines.
Similarly, article 22(1) also prohibits the storage of explosives at any given premises unless the owner of such a premises is licensed by the relevant authorities.
“A person who manufactures any category of authorized explosive without license commits an offence and is liable, on conviction to a fine not exceeding five million shillings or to an imprisonment not exceeding five years or both,” reads Article 20(3) of the Bill.
On safety of miners, the administrators hailed the proposals in the Mining (Mine Health, Safety and Environment) Regulations 2026, which he said will address the challenge on unregulated and unauthorized mine damps in the country.
Onyancha stated that once it becomes law, the new act will provide for a regulatory framework on how mining activities will be conducted with authorization from the Director of Mines.
He also explained that the Draft Mining and Beneficiation Policy will boost the country’s foreign earnings on the sale of its ores, which will now have to undergo value addition before they can be shipped out of the country.
The Bill in Article 5(1) proposes that no mining operations shall be conducted without a formally appointed qualified Mine Manager.
Under the new proposal, such a person must be in possession of a Bachelor of Science in Mining Engineering, Civil Engineering, or Geology and at least five years of experience in large scale mines or three years of experience in small-scale mines.
“We have lost a few members of our society when they are trying to access these resources and we are now putting in measures that will improve safety and bring about prudent use of these resources without losing any lives,” he added.
“We received a directive from the President that we no longer should be exporting raw ores from this country. We do internal value addition so that we improve the value of that mineral. In the process we also create jobs in the process of driving value addition in the country’s.”
Kenya’s total mineral exports are estimated at Sh59 billion ($ 400 million) annually accounting to less than 1 percent of the country’s GDP.
However, much of the minerals are exported as raw ore yielding disproportionately lower national benefits as State royalties.
By Samuel Maina
