ADVOKS GLOBAL · KENYA
Mining Act
38. Mineral rights on community land
Edition: 2026-07-24 · In force
38. Mineral rights on community land
(1)A prospecting and mining rights shall not be granted under this Act or any other written law over community land without the consent of—(a)the authority obligated by the law relating to administration and management of community land to administer community land; or(b)the National Land Commission in relation to community land that is unregistered.(2)For the purpose of subsection (1), consent shall be deemed to be given for the purposes of this Act where the registered owners of community land have entered into—(a)a legally binding arrangement with the applicant for the prospecting and mining rights or with the Government, which allows 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)Subject to the law relating to community land, where consent is granted prior to any change in land ownership, such consent shall be valid for as long as the prospecting and mining rights subsists.(4)The Cabinet Secretary may, by notice in the Gazette, make regulations for the grant of prospecting and mining rights over community land.