Nyeri: The government through the State Department for Mining has come up with proposals, aimed at streamlining the mining industry and transforming it into a leading source of revenue for the country.
According to Kenya News Agency, the new regulations include the Draft Minerals, Mining and Beneficiation Policy, Draft Mining (Mine Health, Safety and Environment) Regulations 2026, Draft Explosives Bill 2026 together with Explosives (Licenses and Fees) Regulations 2026. The Explosives Act, 2026 proposes to repeal and replace the Explosives Act, Cap. 115 which dates back to 1939 and was last amended in 1969. The Mining (Mine Health, Safety and Environment) Regulations 2026 proposes safeguards to the safety, health, and welfare of persons working in mines and in the vicinity.
While addressing the press in Nyeri on the sidelines of a Regional Public Participation forum on the new proposals, David Onyancha, Secretary Administration at the State Department for Mining, stated that once assented into law, the new regulations will streamline how commercial mining operations are undertaken in the country, and open up more employment opportunities for citizens. Under the Explosives Act, there is a provision for establishing the Directorate of Explosives and Inspections, responsible for enforcing restrictions on the possession, manufacture, storage, dealing, imports, and transportation of explosives.
Onyancha emphasized the need to revamp the sector, stating, ‘We wish to revamp the sector (mining) because some of the legislation touch on laws that are a century old and we want to align them with the realities on the ground.” He noted that the government is conducting this exercise to gather views from citizens in line with the Constitution’s articles 10 and 69, which require public participation before enacting any law.
The Explosives Bill aims to address the challenge of unauthorized use of detonators by outlining criteria for granting licenses for the manufacture and use of explosives. Onyancha pointed out that the Bill proposes prudent use of explosives in mining to prevent misuse. Article 20 (1) of the Bill proposes that no person shall manufacture any category of an authorized explosive without a license from the Chief Inspector of Mines. Article 22(1) also prohibits the storage of explosives at any premises unless licensed by the relevant authorities.
On the safety of miners, the proposed Mining (Mine Health, Safety and Environment) Regulations 2026 will address unregulated and unauthorized mine damps. Onyancha stated that the new act will provide a regulatory framework for conducting mining activities with authorization from the Director of Mines. The Draft Mining and Beneficiation Policy will boost the country’s foreign earnings by requiring value addition to ores before export.
Article 5(1) of the Bill proposes that no mining operations shall be conducted without a formally appointed qualified Mine Manager. Under the new proposal, such a person must have a Bachelor of Science in Mining Engineering, Civil Engineering, or Geology and at least five years of experience in large-scale mines or three years in small-scale mines.
Onyancha added, “We have lost a few members of our society when trying to access these resources, and we are now putting in measures that will improve safety and bring about prudent use of these resources without losing any lives.” He also mentioned a presidential directive to stop exporting raw ores and instead focus on internal value addition to create jobs and improve the value of minerals.
Kenya’s total mineral exports are estimated at Sh59 billion ($400 million) annually, accounting for less than 1 percent of the country’s GDP. However, much of the minerals are exported as raw ore, yielding disproportionately lower national benefits as State royalties.
