ADVOKS GLOBAL · KENYA
Mining Act
117. Mineral agreement
Edition: 2026-07-24 · In force
117. Mineral agreement
(1)The Cabinet Secretary in consultation with the National Treasury may enter into a mineral agreement with the holder of a mining licence where the proposed investment exceeds five hundred million United States dollars.(2)A mineral agreement shall include terms and conditions relating to—(a)the minimum prospecting or mining operations to be carried out and the time table determined for purposes of such operations;(b)the minimum expenditure in respect of the prospecting or mining operations;(c)the manner in which prospecting or mining operations shall be carried out;(d)the environmental obligations and liabilities, subject to the requirement of the Environment Management and Co-ordination Act (Cap. 387);(e)the procedure for settlement of disputes;(f)the processing, whether wholly or partly in Kenya, of any mineral or group of minerals found, obtained or mined by the holder of a mineral right in the course of mining operations;(g)the basis on which the market value of any mineral or group of minerals in question may from time to time be determined;(h)insurance arrangements;(i)resolution of disputes through an international arbitration or a sole expert; and(j)community development plans;(k)the payments of royalties, taxes, cess and other fiscal impositions; and(l)financial arrangements.(3)Nothing contained in a mineral agreement shall be construed as to absolve any party to such agreement from a requirement prescribed by law.(4)A mineral agreement shall be prepared in accordance with a standard format as may be prescribed in Regulations.(5)All mineral agreements shall be submitted to the National Assembly and the Senate for ratification.