Not every investor needs the same mineral right. The Mining Act 2016 offers a ladder of licences that correspond to the stage a project has reached, from the first desktop study to full production. Choosing the wrong rung wastes time and money, so this note compares reconnaissance, prospecting and mining licences in Kenya and suggests how to match the right to your plans.
What is a reconnaissance licence for?
Reconnaissance is the first look. It permits wide-area, largely non-invasive surveys , mapping, geophysics and limited sampling , and it does not confer exclusivity over the ground covered. It suits investors who are testing regional data and historic records before committing funds to a defined block. Because the right is introductory, its obligations are lighter, though holders must still report their findings through the proper channels.
When does a prospecting licence become necessary?
Once you need to drill, trench or otherwise investigate a defined area, a prospecting licence becomes the appropriate tool. It is exclusive over its area, applied for and recorded through the Mining Cadastre Registry, runs for a defined term with renewal provisions, and requires a genuine work programme. The findings at this stage , grade, tonnage and metallurgy , determine whether the project justifies a mining licence application, so the programme deserves careful drafting.
What does a mining licence permit?
A mining licence authorises commercial extraction and carries the heaviest obligations on the ladder: mine planning, environmental licensing, Community Development Agreements, safety compliance under the Occupational Safety and Health Act and regular reporting. Where a deposit has been proved but markets do not yet justify development, a retention licence can preserve tenure in the interim, a subject we address in a separate note.
Which licence fits your project?
- Early regional assessment: reconnaissance.
- Defined exploration involving drilling: prospecting.
- A proved deposit awaiting favourable markets: retention.
- Commercial production: mining licence.
Whichever rung you occupy, the mineral right is only half of the position; surface rights matter just as much. Where leases, wayleaves or agreements with landowners are needed, our real estate and conveyancing team works alongside our mining law practice so that the licence and the land position do not pull in different directions. Investors who align the two early tend to avoid disputes later.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.