ADVOKS GLOBAL · KENYA
Mining Act
42. Conditions attaching to mineral rights
Edition: 2026-07-24 · In force
42. Conditions attaching to mineral rights
(1)A mineral right may be granted subject to such conditions as may be determined by the Cabinet Secretary including conditions concerning—(a)the protection of the mineral interests;(b)the protection of the environment;(c)community development;(d)safety of prospecting and mining operations;(e)health and safety of persons undertaking those operations;(f)the protection of the lawful interests of the holders of any other mineral right; and(g)the maximum number of blocks a person or a company may hold.(2)Unless otherwise provided for in the mineral right, the condition subject to which a mineral right is granted shall continue to have effect and be enforceable after the—(a)expiration of the term of the mineral right;(b)surrender of the whole or part of the area specified in the mineral right; or(c)revocation of the mineral right in respect of the whole or part of the area specified in the right.(3)Subject to subsection (2), the Cabinet Secretary may enforce the conditions, as if the conditions were contained in a contract between the Cabinet Secretary and the holder of the mineral right and valuable consideration had been given to the holder for the holder's compliance with the condition.