By Caroline Katana
Kenya has unveiled an ambitious package of mining reforms aimed at modernising the sector, strengthening environmental protection, improving mine safety and ensuring the country’s mineral wealth delivers greater economic benefits to its citizens.
The proposed reforms, currently undergoing nationwide public participation, include the Draft Minerals, Mining and Beneficiation Policy 2026, the Draft Mining (Mine Health, Safety and Environment) Regulations 2026, the Draft Explosives Bill 2026, the Draft Explosives (Fees) Regulations 2026, and several supporting regulations.
The new framework seeks to replace outdated legislationāsome of it nearly a century oldāand align Kenya’s mining sector with international best practices and the African Mining Vision.
Speaking during a public participation forum at Vigurungani Social Hall in Kwale County, Gregory Kituku, Director of Licensing, Compliance and Enforcement at the Ministry of Mining, said the reforms are designed to create a safer, more competitive and environmentally responsible mining industry.
“The Mine Health and Safety Regulations are meant to replace the old regulations developed under the repealed Mining Act (Cap 306). Their objective is to make the mining industry safer for workers, investors and everyone involved in mining activities,” Kituku said.
Unlike the previous legal framework, the proposed regulations introduce comprehensive standards covering occupational health, environmental management, emergency preparedness and mine closure.
Director of Licensing, Compliance and Enforcement at the Ministry of Mining, Gregory Kituku. during a public participation forum at Vigurungani Social Hall in Kwale County PHOTO BY CAROLINE KATANA
One of the key proposals is the introduction of a Mine Rehabilitation Licence, which would require mining companies to restore degraded land before formally closing their operations.
“The rehabilitation licence will ensure that companies restore mined areas before exiting. The regulations are intended to reduce accidents across artisanal, small-scale and large-scale mining operations rather than generate government revenue,” Kituku said.
The draft regulations also require every mining operation to appoint a qualified Mine Manager responsible for implementing safety systems, conducting regular risk assessments and ensuring continuous worker safety training.
Mining companies would also be required to promptly investigate workplace accidents, report serious incidents to the Director of Mines, maintain emergency response plans and provide regular medical monitoring for workers exposed to hazardous conditions.
Environmental safeguards have also been strengthened. Mining firms would be required to conduct geotechnical investigations before excavation, monitor mine stability, protect groundwater, manage hazardous waste responsibly and rehabilitate mined land before closure.
The regulations also establish clear safety and environmental standards for artisanal mining, a sector that has historically operated with limited regulatory oversight.
Another major pillar of the reforms is the Draft Explosives Bill 2026, which seeks to repeal the nearly 100-year-old Explosives Act (Cap 115).
Kituku said the existing law no longer reflects current realities.
“Some licence fees currently in force date back to the 1930s. In some cases, licences cost only fifty shillings, which cannot even cover today’s administrative costs,” he said.
The proposed legislation introduces updated licensing requirements for manufacturers, importers, transporters, dealers and users of commercial explosives while strengthening controls on storage, transportation, inspections and record-keeping.
The accompanying Explosives (Fees) Regulations also propose revised licence charges to reflect current regulatory costs and improve oversight of explosives used in mining, quarrying and construction.
Beyond safety and regulation, the government also wants to maximise economic returns from Kenya’s mineral resources.
Kituku said the Draft Minerals, Mining and Beneficiation Policy 2026 updates the country’s 2016 policy in line with the African Mining Vision, which encourages African countries to process minerals locally before export.
“If gemstones are processed locally, their value increases significantly. That creates industries, employment opportunities and ensures more wealth remains within the country,” he said.
According to the Ministry, increased local mineral beneficiation could stimulate downstream industries, reduce transportation costs and help the mining sector contribute up to 10 percent of Kenya’s Gross Domestic Product by 2030.
To gather public views, the Ministry has deployed six teams across the country to engage mining companies, artisanal miners, civil society organisations, local leaders and host communities.
Kituku assured stakeholders that every county would be consulted before the final draft laws are submitted to Parliament.
Despite welcoming the reforms, community representatives urged the government to ensure the new laws are fully implemented.
Justus Mwero Mwachupa, Chairperson of Mrima Farm Owners CBO in Lunga Lunga, said his organisation had proposed that no mining company should receive a mine closure licence before rehabilitating at least 80 percent of degraded land.
“Our proposal is that environmental restoration must become a measurable legal requirement rather than an administrative formality,” Mwachupa said.
He noted that many communities continue to suffer the environmental consequences of mining long after companies have ceased operations.
Mwachupa cited Kuranze, Kalalani, Mrima, Umba, Msambweni and Vigurungani as areas where abandoned mines and sand harvesting sites have left dangerous open pits that continue to threaten lives, livestock and the environment.
“We have witnessed communities being left with hazardous excavated land while mining companies move on. Environmental restoration must become a condition for mine closure,” he said.
He also questioned whether the ongoing public participation exercise was reaching those most affected by mining.
According to Mwachupa, relying heavily on digital platforms excludes many rural residents, particularly women and older people, who lack internet access or the technical knowledge needed to understand complex legal documents.
“Publishing these documents on social media alone is not enough. The Ministry should return to communities after collecting views and explain how public recommendations have been incorporated before the laws are passed,” he said.
His concerns were echoed by Puma Ward MCA James Dawa, who said mining communities in upper Kwale have long been overlooked despite the area’s vast mineral potential.
Dawa said Puma Ward stretches approximately 107 kilometres from Mazola to Kuranze along the Kenya-Tanzania border and contains significant mineral deposits that remain largely underexplored.
“Our communities have waited a long time for forums like this. People need education on mining, land restoration and how they can benefit from the resources beneath their land,” he said.
Puma Ward MCA, James Dawa, during a public participation forum at Vigurungani Social Hall in Kwale County PHOTO BY CARONE KATANA
He added that although Kuranze has considerable mineral potential, artisanal miners continue using rudimentary equipment with little technical or financial support.
Without greater investment in geological exploration, skills development and responsible mining practices, he warned, local communities would continue living in poverty despite sitting on valuable mineral resources.
If enacted, Kenya’s proposed reforms would usher in stronger worker protection, tighter environmental safeguards, modern explosives regulation and greater emphasis on local mineral beneficiation.
While the government sees the reforms as a pathway to unlocking the sector’s economic potential, communities say their success will ultimately be measured by implementationānot legislation.
They want safer workplaces, restored landscapes, meaningful public participation and a mining industry that leaves behind shared prosperity rather than abandoned pits and broken promises.
