The following are some of the main steps to be carried out prior to the issue of a mining lease.
The above process typically takes over a year to complete
Ministry of Petroleum and Mining - Head Office
Nyayo House, Kenyatta Ave.
P.O. Box 51614, 00100,
Nairobi,Kenya
Tel: +254 (020) 3310112,
Cell: +254 716508492
Email: info@petroleumandmining.go.ke
Website: Link
In order to qualify for any of the licenses and leases allowed under the Mining Act, individuals must first apply for a Prospecting Right.
Applications for leases should be made in the prescribed form and manner, and should be subject to the prescribed conditions, and should be accompanied by payment of one years rent in advance at the rate prescribed.
5 - 21 years.
Please attach sample completed documents that would help other people.
Within a year or more.
Videos explaining the procedure or to fill the applications. Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites. Please remove the "&" inside the tags during implementation. Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, sevenload, viddler, vimeo, youku, youtube width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed. e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".
If all requirements are met, the application is recommended to the Prospecting and Mining Licensing Committee for approval which sits every three months. Application is published once in the Kenya Gazette and three times in a local newspaper.
A Mining Lease is issued to a holder of any prospecting right and provides the lessee the right to extract deposits within the land area of the mining lease, including the right to remove and dispose of the minerals as specified in the lease.
A mining lease may be granted for a term of five to twenty-one years, and will set out the applicable terms and conditions for such mining.
The Prospecting Right allows individuals and agents of companies, bodies of persons, and partnerships to prospect on any land as authorized by the Commissioner of Mines and Geology and qualifies them to acquire licenses and peg locations. This is the first step in acquiring all other mining licenses.
A Mining Lease bestows mining rights and is granted for the exploitation of a mineral deposit which has been discovered following successful prospecting and exploration under either of the other types of licenses.
All natural resources are vested in the people of Kenya with the government as trustee. Minerals are classified as public land and therefore belong to all the citizens of Kenyan. There is thus a distinction in the ownership of subsurface land and minerals and surface land. The law requires that holders of prospecting and mining titles secure access to the land required for prospecting and mining and offer fair compensation for the same. Specifically, the licensing procedures require consents from local communities, owners and occupiers of land, as well as other governing bodies at the devolved level of government. Licensees are also obligated to offer fair compensations for damages, obstructions, and other inconveniences, to owners and/or occupiers of the land, where applicable.