Kenya's mining sector is undergoing a transformation, with the government prioritizing responsible mining practices. However, challenges persist, including the legacy of past decisions that may have inadvertently created opportunities for illegal operations.
The 2019 moratorium on mining licenses and delays in designating zones for small-scale mining have contributed to unregulated activity. Additionally, the slow establishment of artisanal mining committees and lack of clear boundaries for licensed miners have left room for exploitation.
Corruption also plays a role, with bona fide mineral rights holders facing difficulties obtaining support due to corrupt practices. The influx of foreign entities in artisanal mining zones is another concern, as they often operate without proper licensing and bypass official channels, leading to revenue loss for the government.
Despite these challenges, Kenya's recent actions indicate a commitment to tackling illegal mining. The formation of a specialized police unit, crackdown on unlicensed operators, and streamlining of the licensing process are positive steps.
To ensure long-term success, the government must address the root causes of illegal mining, including swift designation of zones for small-scale operations, establishment of functional artisanal mining committees, and clear demarcation of licensed areas. Tackling corruption is also crucial.
To address foreign involvement, the government should strengthen border controls, enforce the Mining Act, and consider limiting foreign activities in artisanal mining areas. Establishing mineral trading houses could improve transparency and ensure that foreign buyers purchase minerals through regulated channels.
Enforcement actions must adhere to due process and target illegal operations without impacting legitimate miners. Transparency is essential, with the government clearly communicating the legal basis for closures and providing a process for miners to address concerns.