Practical analysis of Kenyan commercial law from CS Advocates LLP, litigation, conveyancing, mediation, governance, and infrastructure.
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Buying a mining company in Kenya means buying its licences, its land position, its community relationships and its liabilities, some of which will not appear in the accounts. Diligence is where a sensible price is set or a deal is declined. The price agreed is only as good as the position behind it. This note … Read more
Mining is a long game played through contracts and licences, and disagreement is inevitable: with partners, contractors, communities or the regulator. How a disagreement is resolved matters as much as the outcome, because a mine cannot pause for years of litigation. Investors who plan the machinery of resolution early spend less time in conflict later. … Read more
Mineral prices move in cycles, and a deposit that is profitable at one price can be unmineable at another. Kenyan law answers this problem with the retention licence, which lets a holder who has proved a deposit keep tenure while markets catch up. This note explains how retention works under the Mining Act 2016 and … Read more
Few mining ventures in Kenya are built by one party alone. Local partners bring licences, land relationships and community standing; foreign partners bring capital and technical skill. A joint venture converts that combination into a working business, if it is structured properly. The structure should be settled before the application is lodged, not after the … Read more
Kenya’s policy direction on gold and other precious metals is clear: more value should be added before minerals leave the country. For refiners, aggregators and exporters, that policy translates into permits, customs controls and records that must be right before a consignment moves. That direction of travel matters to anyone building a refining business in … Read more
Cement plants are anchored to their raw materials. Limestone, gypsum and clay must be quarried where they lie, which makes land and licensing the two legal pillars of any cement project in Kenya. Securing that position takes longer than building the plant itself. This note sets out the steps for quarrying limestone and gypsum, from … Read more
No mining project in Kenya proceeds on a mineral right alone. Environmental clearance is a condition of doing business, and the obligations begin before excavation and continue long after closure. Regulators, lenders and communities all end up reading the same compliance file. This note summarises the environmental framework, NEMA, environmental impact assessment and mine closure … Read more
Most of Kenya’s promising ground sits under or beside communities. Under the Mining Act 2016 and the Community Land Act 2016, communities are not bystanders: consent, consultation and benefit-sharing are built into the project cycle. Handled well, these obligations build the standing that keeps a mine working; handled badly, they stop it. This note explains … Read more
One of the first questions foreign investors ask is whether they can hold mining rights in Kenya directly. The answer is nuanced: the Mining Act 2016 keeps some rights for Kenyan citizens and subjects others to local equity and participation requirements. Getting this wrong is costly, because the licence is the entire asset. Here is … Read more
A landowner watches a prospecting crew arrive on the family farm and asks the natural question: are these my minerals? Kenyan law answers clearly, and the answer surprises both landowners and investors. Understanding the split between mineral rights and surface rights prevents conflict on both sides. Does owning land mean owning the minerals beneath it? … Read more
Rare earth elements sit behind modern technology, from magnets to batteries, and Kenya’s geology, including reported deposits in coastal areas, has drawn attention for niobium and rare earth prospects. Demand for these materials continues to grow with the energy transition. Interest is one thing; a lawful, bankable position is another. This note looks at rare … Read more
Gold attracts both legitimate trade and elaborate fraud. Kenya regulates the buying, selling and movement of gold through licensing, and anyone handling the metal, dealer, broker or buyer, should understand what the law requires before money changes hands. Both licences sit within the mining framework under the Act, and this note explains them in general … Read more
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