Retention Licences in Kenya: Security of Tenure in Low Price Cycles

Construction and property development in Nairobi

Mineral prices move in cycles, and a deposit that is profitable at one price can be unmineable at another. Kenyan law answers this problem with the retention licence, which lets a holder who has proved a deposit keep tenure while markets catch up. This note explains how retention works under the Mining Act 2016 and … Read more

Can Foreigners Own Mining Rights in Kenya? Local Equity Rules Explained

Construction and property development in Nairobi

One of the first questions foreign investors ask is whether they can hold mining rights in Kenya directly. The answer is nuanced: the Mining Act 2016 keeps some rights for Kenyan citizens and subjects others to local equity and participation requirements. Getting this wrong is costly, because the licence is the entire asset. Here is … Read more

Who Owns the Minerals Under Your Land in Kenya?

Construction and property development in Nairobi

A landowner watches a prospecting crew arrive on the family farm and asks the natural question: are these my minerals? Kenyan law answers clearly , and the answer surprises both landowners and investors. Understanding the split between mineral rights and surface rights prevents conflict on both sides. Does owning land mean owning the minerals beneath … Read more

Rare Earths in Kenya: Opportunities and the Legal Landscape for Investors

Construction and property development in Nairobi

Rare earth elements sit behind modern technology, from magnets to batteries, and Kenya’s geology , including reported deposits in coastal areas , has drawn attention for niobium and rare earth prospects. Demand for these materials continues to grow with the energy transition. Interest is one thing; a lawful, bankable position is another. This note looks … Read more

Artisanal and Small-Scale Mining Permits in Kenya: Rules and Responsibilities

Construction and property development in Nairobi

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 … Read more

Mining Royalties in Kenya: How They Are Calculated and Paid

Construction and property development in Nairobi

Royalties are the price of extraction, and they sit at the centre of every mining project’s financial model in Kenya. They are also a frequent source of difficulty , from unclear declarations to disputes over production records , which makes the rules worth understanding before a licence is applied for rather than after the first … Read more

Mining Law in Kenya: An Overview of the Mining Act 2016

Construction and property development in Nairobi

Kenya’s geology rewards attention. Gold in the west, gemstones in Taita Taveta, titanium along the coast and limestone across the Rift Valley have all drawn serious investor interest. Whatever the commodity, one statute sets the rules of engagement: the Mining Act 2016. This overview explains the framework that governs mining law in Kenya today. What … Read more

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