ADVOKS GLOBAL · KENYA
Mining Act
37. Mineral rights on private land
Edition: 2026-07-24 · In force
37. Mineral rights on private land
(1)A prospecting and mining rights shall not be granted under this Act with respect to private land without the express consent of the registered owner, and such consent shall not be unreasonably withheld.(2)For the purpose of subsection (1), consent shall be deemed to be given for the purposes of this Act where the owner of private land has entered into—(a)a legally binding arrangement with the applicant for the prospecting and mining rights or with the Government, which allows for the conduct of prospecting or mining operations; or(b)an agreement with the applicant for the prospecting and mining rights concerning the payment of adequate compensation.(3)Where consent is granted prior to any change in land ownership, such consent shall continue to be valid for as long as the prospecting and mining rights subsists.