Govt cracks down on illegal mining of strategic minerals

The government has issued a strong public warning following the illegal prospecting, mining, and dealing of key minerals, particularly copper, coltan, and chromite.

Through the Ministry of Mining, Blue Economy, and Maritime Affairs, the government announced that all activities related to strategic minerals—including prospecting, mining, trading, and processing—are exclusively reserved for the National Mining Corporation (NAMICO) or must be carried out in partnership with the corporation.

“Dealing in any strategic minerals, contrary to the Mining Act, 2016 and the Mining (Strategic Minerals) Regulations, 2017, is an offence punishable by law,” Cabinet Secretary for Mining and Blue Economy Hassan Joho noted in a statement.

CS Joho stated that despite the Cabinet's October 3, 2023 decision to officially designate 14 minerals as strategic, several unscrupulous individuals continue to operate in blatant defiance of the law, undermining efforts to safeguard the nation's mineral resources from illegal exploitation.

“Despite the robust measures instituted by the Ministry to safeguard these 14 strategic minerals, it has come to our attention that unscrupulous individuals, in total disregard of the law, have been prospecting, mining and dealing in strategic minerals, particularly copper, Coltan and chromite,” he stated.

Mining and Blue Economy CS Hassan Joho during his visit to the Kenya Maritime Authority on August 19, 2024. (Photo: Handout)

As a result, on November 3, 2023, the Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs gazetted the 14 Strategic Minerals in the Gazette Notice Vide No. 14732.

Illegal operators are reportedly bypassing legal processes by engaging in mining and trading activities without the necessary approvals.

The Mining Act, 2016 and the Strategic Minerals Regulations, 2017, prescribe severe penalties for anyone caught dealing in these minerals against the law, and the Ministry condemned such actions.

“Such acts are in total disregard of the law protecting the minerals, and those individuals operate in total contravention of the laid-down procedures as stipulated in the Mining Act, 2016 and Mining (Strategic Minerals) Regulations,

2017,” CS Joho stated.

The Ministry emphasised its commitment to comprehensive reforms in the mining sector, focusing on the protection of strategic minerals while promoting transparency and fairness in the allocation of mining rights.

It further urged the public to report any suspicious activities related to the illegal trade of these minerals.