The High Court has struck down the Mining Regulations 2024, ruling them unconstitutional, null, and void in a significant decision that reshapes Kenya’s mining governance framework.
In the ruling delivered on September 10, 2025, the court found that the regulations were enacted in violation of constitutional principles on transparency and public participation. The judgment invalidates several amendments across the mining framework, including provisions on licensing, permits, mineral dealing, and value addition.
The contested regulations had sought to revise fee structures for a range of mining activities. These included higher application fees, levies, and charges for licenses, permits, mineral trading, and gemstone valuation services. The changes had sparked opposition from industry players who argued that the new costs were punitive and introduced without sufficient consultation.
The Kenya Chamber of Mines, which challenged the reforms, maintained that the amendments risked undermining growth in a sector already contributing modestly to the economy. Investors and small-scale miners voiced concerns that the additional financial burden would discourage participation in the industry.
While quashing the regulations, the court declined to order refunds of fees and levies already collected under the invalidated framework. The judge reasoned that refunds would paralyze government operations and create an unsustainable financial burden. Instead, the focus will shift to ensuring that any future reforms comply with constitutional requirements for public engagement and openness.
The Ministry of Mining, Blue Economy, and Maritime Affairs had defended the amendments, saying the reforms were necessary to modernize the industry and align Kenya’s mining sector with global standards. However, the court underscored that even well-intentioned reforms must meet constitutional thresholds to be valid.
This ruling creates an opportunity for the ministry to revisit sector regulations through inclusive consultations. By engaging miners, dealers, investors, and the wider public, the government can rebuild trust and design a mining framework that balances revenue generation with sectoral growth and sustainability.
The decision highlights the importance of upholding transparency, accountability, and participation in policy-making processes, especially in industries as critical as mining.
