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Kenya - Transfer of a Mining Lease


Procedure

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All mining leases must be registered with the Commissioner and can only be transferred with the Commissioners written consent.

Submit Form 20 duly signed by both the lessee and the assignee with a stamp duty affixed thereon; and attaching the required documents.





Required Documents

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Form 20 duly signed by both the lessee and the assignee with a stamp duty affixed thereon; and attaching the following:-

  • The lease being assigned must be valid
  • Valid Prospecting Right of the assignee
  • Copy of KShs. 2,000/= mining deposit receipt for the assignee
  • Written County Council's consent incase of trust land
  • An Environmental Impact Assessment Report






Office Locations & Contacts

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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



Eligibility

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A lessee should not transfer or assign his lease or any part thereof without the consent in writing of the Commissioner signified by endorsement thereon.




Fees

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  • Application Fee: No Fee
  • License Fee: KShs. 600/=




Validity

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The remainder of the lease term




Documents to Use

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Sample Documents

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Please attach sample completed documents that would help other people.




Processing Time

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1 - 2 weeks




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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". 
	





Instructions

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Contact Office: Commissioner of Mines & Geology, Chief Mining Engineer & Warden of Mines

Resolution Criteria:

  • Fulfilled requirements
  • Payment of transfer assignment fee.




Required Information

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  • Lessee
  • Assignee
  • Witnesses
  • Occupation and addresses




Need for the Document

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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.

This article explains the procedure of assigning or transferring a mining lease to another party.




Information which might help

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Any applicant for a lease who willfully or recklessly gives false information as to any of the matters in respect of which information is or may be required to be given under the Mining Act shall be guilty of an offence.




Other uses of the Document/Certificate

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The holder of a mining license enjoy the exclusive right to carry out mining operations in respect of the mineral or mineral deposit specified in the license within the area specified subject to the provisions of the mining Act and the terms and conditions set out in the license.




External Links

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Others

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In any case where the Government is acquiring, under the provisions of any law relating to the compulsory acquisition of land for the time being in force, any land held under a lease, exclusive prospecting license, special license or location, compensation is be payable in respect of any disturbance of prospecting or mining rights, in addition to any other compensation.




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