Mining regulations to be gazetted Friday, unlocking royalties for Kwale communities

Relief is in sight for communities affected by mining in Kwale county after the national government confirmed that long-awaited mining royalty regulations will be gazetted Friday.

Mining Principal Secretary Harry Kimtai said the gazettement will immediately operationalise the framework for the collection and disbursement of mineral royalties.

Kimtai said the regulations will allow the government to start releasing the 10 per cent share of mineral royalties owed to local communities, as provided for under the Mining Act.

He said the absence of clear regulations had previously slowed the release of the funds, despite royalties continuing to accrue from mining activities.

“We want to announce that the national government is now ready, with proper regulations in place, to begin releasing the 10 per cent mineral royalties due to communities,” Kimtai said.

He spoke last Friday at the Kenya School of Government in Matuga during the signing of the completed regulations.

The meeting was chaired by Mining Cabinet Secretary Hassan Joho, who also presided over the launch of the Post-Mining Land Use (PMLU) Report.

Kwale county is owed an estimated Sh1.7 billion in mineral royalties, while mining-affected communities are yet to receive about Sh900 million accumulated over the years from operations by Australian mining firm Base Titanium.

The funds have remained undisbursed as the government finalised a legal and administrative framework to guide sharing between the national government, county governments and host communities.

According to Kimtai, the new regulations will streamline the entire royalty value chain, from assessment and collection to approval and payment.

He said the framework introduces clear timelines and accountability measures to ensure future royalties are processed and released without delays.

“There will be no more delays, that will be a thing of the past," he said.

On his part, CS Joho said the signing of the mining regulations and the launch of the PMLU report mark a significant milestone for Kenya’s mining sector.

He said the PMLU report reflects the views of all stakeholders and was developed transparently and without undue influence.

“The document was not formulated under pressure and represents the interests of mining-affected citizens,” Joho said.

The Cabinet Secretary said the ministry has set a benchmark in Kwale that can be replicated in other parts of the country.

He said the PMLU report ushers in the second phase following the completion of mining activities by Base Titanium.

According to Joho, the report provides clear guidelines on the next steps in the mine-closure process, including sustainable land rehabilitation and future post-mining land use.