ADVOKS GLOBAL · KENYA
Mining Act
4. Interpretation
Edition: 2026-07-24 · In force
4. Interpretation
In this Act, unless the context otherwise requires—"application" includes—(a)an application for the grant, renewal, transfer, assignment or surrender of a mineral right; or(b)an application for the grant or renewal of a mineral dealer's licence or a diamond dealer's licence;"arm's-length value" means the purchase price under an immediate sale transaction in an open market where the purchase price for the sale—(a)is not influenced by any special relationship or other arrangement between the parties to the transaction, other than the immediate sale itself; and(b)is not affected by any non-commercial or other considerations; and specifically excludes any barter, swap, exchange, or transfer price arrangements or any restricted transaction that is associated with special financial, commercial or other considerations;"artisanal mining" means traditional and customary mining operations using traditional or customary ways and means;"artisanal mining permit" means a permit issued under section 95;"banker" includes a manager, cashier or any other officer acting in that capacity of a company engaged in the business of banking within Kenya and in compliance with the provisions of the Banking Act (Cap. 488);"block or cadastral unit" means a pseudo-quadrilateral formed by two meridians of longitude and two parallels of latitude of the Cadastral Graticule spaced fifteen seconds apart;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for mining;"community" means—(a)a group of people living around an exploration and mining operations area; or(b)a group of people who may be displaced from land intended for exploration and mining operations;"Community Development Agreement" means an agreement entered into between a large-scale mining licence holder and a community;"construction minerals" includes stones, gravel, sands, soils, clay,volcanic ash, volcanic cinder and any other minerals used for the construction of buildings, roads, dams, aerodromes and landscaping or similar works, and such other minerals as the Cabinet Secretary may from time to time declare to be construction minerals, by notice published in the Gazette;"company" has the meaning assigned to it under the Companies Act (Cap. 486);"Corporation" means the National Mining Corporation established in section 22;"Council of County Governors" means the Council of County Governors established under section 19 of the Intergovernmental Relations Act (Cap. 265F);"day" means a calendar day;"diamond" includes a rough and uncut diamond;"Director of Geological Survey" means the Director of Geological Survey appointed under section 18;"Director of Mines" mean the Director of Mines appointed under section 18;"environment" has the meaning assigned to it under the Environmental Management and Coordination Act (Cap. 387);"environmental impact assessment licence" means an environmental impact assessment licence granted under the Environmental Management and Coordination Act (Cap. 387);"excavation" means a trench, pit, shaft, dredging, brine pumping or other work which is related to operations under a mineral right;"financial difficulty" in respect of a company or other body corporate, means that the company or body corporate—(b)is the subject of a subsisting court order for its winding up or dissolution; or(c)has made a composition or arrangement with its creditors which remains in effect;"first-come, first-served" means the policy of considering and approving applications based on the order of receiving the applications;"geologist" means a person who is registered as geologist in accordance with the Geologists' Registration Act (Cap. 535);"geology" means the scientific and research aspects of the solid earth and its processes;"geological report" means a report made by a geologist;"gross value" means the arm's-length value of minerals or mineral products at the point of sale within Kenya, without any discounts, commissions or deductions;"groundwater" has the meaning assigned to it under the Water Act (Cap. 372);"holder", in respect of a mineral right, a licence or permit under this Act, means—(a)a person to whom a mineral right is granted; or(b)the person to whom a mineral right is transferred or assigned;"inspector of mines" means a public officer who has been appointed in accordance with section 196;"land" has the meaning assigned to it in Article 260 of the Constitution;"large scale operation" means a prospecting or mining operation that is a large scale operation in accordance with this Act;"licence area" means the area or areas of land covered by a prospecting licence, a retention licence or a mining licence under this Act;"liquidator" has the meaning assigned to it under the Companies Act (Cap. 486);"maritime zones" has the meaning assigned to it under the Maritime Zones Act (Cap. 371);"member" means a member of the Board appointed under section 25;"mine"—(a)when used as a noun, includes an excavation or system of excavations made for the purpose of, or in connection with, the extraction of minerals or mineral products, and includes an open-cast pit, quarry and any area where a mineral is won by dredging brine pumping, evaporation or other means; and(b)when used as a verb, means the carrying out of a mining operation and includes tailing;"mines support" means—(a)contract mining services which include top soil and waste removal, drilling and blasting, excavating and haulage of ore to plant on turnkey basis;(b)assay laboratory services;(c)drilling and blasting services;(d)mineral exploration services for a holder of a mineral right;(e)contract mining services for small scale and artisanal mining, which include mining and processing of ore reclamation re-vegetation and management of mining operations;(f)any other services specifically and exclusively related to mining, which the Cabinet Secretary considers necessary for the effective and sustainable development of the mining industry;"mineral dealer" means any entity or person licenced to carry out mineral dealings;"mineral dealings" means—(d)depositing or receiving minerals as a pledge or security; or(e)cutting, polishing, processing, refining and treating minerals;"mineral dealer's permit" means a permit issued in accordance with section 164;"mineral deposit" means a mass of naturally occurring minerals of economic value;"mine waste and tailings" means the residue of mining operations that includes gravel, sand, slime, or other substances that are discarded in the course of mining operations;"mineral" means a geological substance whether in solid, liquid or gaseous form occurring naturally in or on the earth, in or under water, in mine waste or tailing and includes the minerals specified in the First Schedule but does not include petroleum, hydrocarbon gases or groundwater;"mineral agreement" means mineral agreement entered into in accordance with section 117;"mineral product" for the purposes of royalty a product of mining operations, the product of extraction in mining operations of a metal or a precious mineral from a mineral and the product of beneficiation in mining operations of a mineral, but excluding waste and tailings;"mineral right" means—(a)a prospecting licence;"Mineral Rights Board" means the Board established under section 30;"mining area" means an area or areas of land that are covered by a mining licence;"mining bond" means an obligatory payment or cash deposit that may be required of a mineral right holder as guarantee for the due implementation of an approved mining programme;"mining permit" means a permit granted in accordance with this Act, which authorises the holder to carry out small scale mining operations;"mining licence" means a licence relating to large scale operations which authorises the holder to carry out mining operations;"mining operations" means an operation carried out in connection with a mine—(a)to win a mineral from where it occurs;(b)to extract metal or precious mineral from a mineral so won, or to beneficiate a mineral so won; or(c)to dispose of a mine waste or tailings resulting from winning, extraction or benefaction;"National Land Commission" means the National Land Commission established under Article 67 of the Constitution;"permit area" means the area covered by a prospecting permit or a mining permit;"petroleum" has the meaning assigned to it under the Petroleum (Exploration and Production) Act (Cap. 308);"precious minerals" means the minerals specified in Part B of the First Schedule;"precious stones" means the minerals specified in Part C of the First Schedule;"Principal Secretary" means the Principal Secretary in the State Department for the time being responsible for mining;"programme for mining operations" in respect of a mining licence means—(a)a programme of an intended mining operation prepared by the holder of the licence and approved by the Director of Mines on the grant or renewal of the licence; or(b)where the programme is amended pursuant to this Act, means the programme as so amended;"programme for prospecting operations" means a programme of intended prospecting operations prepared by the applicant for a prospecting licence and approved by the Cabinet Secretary on the grant or renewal of the licence, and where the programme is amended pursuant to this Act means the programme as so amended;"prospecting area" means the area or areas of land covered by a prospecting permit or licence;"prospecting licence" means licence relating to large scale operations which authorises the holder to carry out prospecting operations;"prospecting operations" means operations carried out offshore and on land to search for and define the extent of a mineral deposit and to determine its economic value;"prospecting permit" means a permit relating to small scale operations which authorises its holder to carry out prospecting operations;"public officer" has the meaning assigned to it under Article 260 of the Constitution;"Public Service Commission" means the Public Service Commission established under Article 233(1) of the Constitution;"radioactive mineral" means a mineral that contains by weight at least one-twentieth of one per cent (0.05 %) of uranium or thorium or any combination thereof, including, but not limited to, monazite sand and other ores containing thorium, carnotite, and pitchblende;"reconnaissance" means the operations and works to carry out the non-intrusive search for mineral resources by geophysical surveys, geochemical surveys, photo geological surveys or other remote sensing techniques and surface geology in connection therewith, but excludes drilling and excavations;"reconnaissance area" means an area that is subject to a reconnaissance licence;"reconnaissance licence" means a licence granted under section 61 of this Act;"register" means the register of mineral rights established under this Act;"retention area" means the area or areas of land covered by a retention licence;"retention licence" means a retention licence granted under this Act;"small scale operation" means a prospecting or mining operation as described by the Second Schedule to this Act;"strategic minerals" means minerals declared to be strategic minerals under this Act;"transfer" includes to assign or trade;“terrorism financing” has the meaning assigned to under the Prevention of Terrorism Act Cap.59B);"unwrought precious metal" means precious metal in any form whatsoever, which is not manufactured or made up into an article of industry or of the arts, and includes amalgam, slimes, slags, precious metal concentrates, pots, battery chips, sweepings from reduction works and scrapings and by-products of unrefined precious metal and precious metal which has been smelted into the form of bullion but does not include ore in situ; and"water resource" has the meaning assigned to it under the Water Act (Cap. 372).