Artisanal Miners Demand Friendlier Mining Laws as Govt Reviews Key Policies

By BRIAN MUSYOKA 

The miners made their submissions during a public participation forum held at the Kenya School of Government, Embu Campus, where the Ministry of Mining, Blue Economy and Maritime Affairs sought views on the Draft Minerals Mining and Value Addition Policy, the Draft Explosives Bill 2026 and the Draft Mining (Mine Health, Safety and Environment) Regulations 2026.

Speaking during the forum, Paul Migwi from the Mbeere Artisanal Miners Cooperative Society argued that some of the proposals do not reflect the current state of Kenya's mining industry.

He said the proposal to limit artisanal miners to simple tools ignores the progress made by many small-scale miners, urging the government to embrace mechanisation by allowing the use of modern equipment to improve productivity, safety and efficiency. "We cannot continue treating artisanal mining as if it has remained the same for decades. Modern equipment will help us produce more while improving safety at our mining sites," he said.

Migwi further cautioned against adopting mining policies borrowed from developed countries without considering Kenya's unique circumstances. He argued that the country's mining sector is still developing and requires laws tailored to local conditions rather than foreign models.

Licensing also emerged as one of the biggest concerns raised by the miners. They complained that acquiring mining licences remains expensive and highly bureaucratic because the process is largely centralised at Madini House in Nairobi, forcing miners from remote areas to incur transport and accommodation costs they can barely afford.

The miners urged the government to simplify and decentralise the licensing process while reducing the cost of obtaining permits, saying many genuine miners are unable to formalise their operations due to financial constraints. They noted that despite the challenges, artisanal miners contribute significantly to the country's economy.

Migwi also opposed the heavy penalties proposed in some of the draft laws, saying fines running into millions of shillings would cripple small-scale miners who already operate under difficult and risky conditions. Instead, he proposed strengthening mining cooperatives and county associations to regulate the sector through self-governance and compliance.

His views were echoed by James Mukwoko, who emphasised the need for continuous training and capacity building for artisanal miners. He said many miners lack adequate technical knowledge on mining practices, safety standards and environmental management, adding that proper training would improve productivity and professionalism in the sector.

Kirinyaga County Executive Committee Member for Mining James Kinyua said county governments have for years been sidelined in matters relating to mining despite hosting the communities that undertake the activities. He called for greater involvement of counties in policy formulation, licensing and management of mineral resources.

Responding to the concerns, Director of Mines David Onyancha assured stakeholders that all views collected during the public participation exercise would be considered during the review of the draft laws. He said the ministry was committed to ensuring the final policies respond to the needs of all players in the mining sector.