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Background Information

Background Information

Background Information

Kenya’s mining sector is governed by the Mining Act of 2016 and is regulated by the Ministry of Mining. The Act sets guidelines for mineral exploration, extraction, and trade. To protect the environment and promote sustainable mining practices, Kenya’s licensing process includes requirements for environmental impact assessments, community engagement, and adherence to local regulations.
According to Section 31 of the Mining Act 2016, the function of the Mineral Rights Board is to advise and give recommendations, in writing, to the Cabinet Secretary responsible for mining on

  1. The grant, rejection, retention, renewal, suspension, revocation, variation, assignment, trading, tendering, or transfer of Mineral Rights Agreements; 
  2. The areas suitable for small scale and artisanal mining; 
  3. The areas where mining operations may be excluded and restricted; iv. the declaration of certain minerals as strategic minerals;
  4. Cessation, suspension, or curtailment of production in respect of mining licenses;
  5. Fees, charges and royalties payable for a mineral right or mineral; and
  6. Any matters which under this Act, are required to be referred to MRB.
Board Composition
Chairperson of the Board

In accordance with the Mwongozo Code of Governance, the Chairperson of the Board bears primary responsibility for the Board’s activities and its committees. These responsibilities include:

  1. approving the agenda for board meetings,
  2. chairing the meetings,
  3. ensuring that a record of proceeding of all Board activities is kept.
  4. acting as the spokesperson for the Board,
  5. ensuring the Board fulfills its duties and responsibilities,
  6. ensuring the Board develops and adheres to an annual work-plan,
  7. ensuring the Board constitutes committees,
  8. ensuring internal disputes and conflicts of interest are resolved,
  9. ensuring the Board maintains appropriate contact with the Ministry’s management
Secretary of the Board

The Secretary of the Board serves a dual role: first as a member of the Board and second as the principal assistant to the Board. According to Section 30 (2) (f), the Secretary of the Board is the Director of Mines, State Department for Mining

Board Committees

According to Section 31 (2) of the Mining Act 2016. the Board may for the purpose of facilitating the performance of its functions establish committees to advise the Mineral Rights Board.
To this effect, the Board has accordingly established the two committees:

  1. Mineral Rights Board Technical Committee, and
  2. Mineral Rights Board Audit Committee
  3. The Board may establish other committees from time to time as need arises.
  4. The Board shall appoint the Chairperson and members of the Committees, and shall approve the appropriate Terms of Reference.
  5. The Committees shall report to the Board on matters referred to them. The report shall include findings, matters identified for specific recommendation to the Board, action points and any other issues deemed appropriate.