Extractives

The Kenya Mining Bill 2014

Submission, 26 February 2015

This IHRB submission to the Kenya Senate Standing Committee on Land and Natural Resources analyses the Kenya Mining Bill 2014.  According to the Constitution of Kenya and the Mining Bill, all minerals are the property of the Republic of Kenya and are vested in the national government in trust for the people of Kenya, despite any right of ownership in relation to the land where the minerals are found (Section 6). 

The Bill repeals existing legislation relating to mining and establishes a new legal framework for the management of mineral resources in Kenya. 

This IHRB submission aims to enhance the proposed Bill further by making recommendations on key areas that seek to:

  • Reinforce requirements on engagement with communities holding community land that may be covered by mineral rights
  • Strengthen requirements on respecting community land rights
  • Strengthen provisions on transparency and accountability
  • Ensure that provisions are in line with administrative procedure requirements

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