Artisanal and small-scale mining supports many households across Kenya, from gold panning in the west to gemstone digging in the south-east. The Mining Act 2016 recognises these activities and regulates them through permits, and working outside the permit system exposes diggers and traders alike to enforcement. This note sets out the rules and responsibilities that attach to artisanal and small-scale mining permits in Kenya.
Who may hold an artisanal or small-scale permit?
These permits are designed for Kenyan citizens and citizen-owned enterprises. Artisanal permits are reserved for individual Kenyans, and small-scale rights for citizens or citizen-owned companies, with each permit confined to a defined area and mineral and assessed against the scale of workings proposed. Foreign investors who want to work with artisanal or small-scale miners therefore do so through lawful commercial arrangements rather than by holding the permits themselves.
What rules govern day-to-day operations?
Permits are issued and recorded through the Mining Cadastre Registry and operate within conditions fixed by the Act and the permit itself. In practice, holders must:
- Stay within the permitted area and work only the permitted mineral.
- Use safe methods and observe the Occupational Safety and Health Act.
- Avoid environmental damage and comply with the Environment Management and Co-ordination Act.
- Report accidents and serious incidents to the relevant authorities.
- Keep records and sell production through lawful channels.
What responsibilities follow the permit?
A permit is not a licence to ignore neighbours. Holders must respect community land rights, avoid conflict with other rights recorded on the cadastre, and rehabilitate the ground they disturb. Disputes with neighbouring rights holders should be reported through the proper channels rather than resolved on site. Records kept today become the evidence that protects the permit tomorrow. Traders who buy from artisanal miners must in turn hold the appropriate dealer licences and verify the source of everything they buy.
How can groups strengthen their position?
Associations and cooperatives often give small-scale miners better bargaining power, cleaner records and access to support programmes, so that buyers and lenders take the operation seriously. For governance questions , constitutions, internal rules and agreements with buyers , our governance and advisory practice assists, and our mining law team advises on permit compliance generally.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.