Mining, Blue Economy, and Maritime Affairs Cabinet Secretary (CS) Hassan Joho has issued a stern warning to individuals engaging in illegal mining of strategic minerals, vowing that such unlawful activities will be met with severe legal consequences. Joho’s warning comes in response to the increasing cases of unscrupulous mining operations, particularly involving copper, coltan, and chromite, in direct violation of Kenya’s Mining Act, 2016 and the Mining (Strategic Minerals) Regulations, 2017.
Joho highlighted that these illegal activities undermine Kenya’s efforts to safeguard its valuable mineral resources. He made it clear that the government would not tolerate any actions that jeopardize the legal frameworks put in place to regulate the mining sector and protect the nation’s strategic minerals.
Strategic Minerals and the Law
In October 2023, the Kenyan Cabinet officially declared 14 minerals as “strategic,” meaning any activity related to the extraction, processing, or trade of these minerals must involve the National Mining Corporation (NAMICO). The strategic minerals, which include copper, coltan, and chromite, are of significant national importance due to their potential economic and industrial value.
By designating certain minerals as strategic, the government ensures that these valuable resources are protected from illegal exploitation. Joho emphasized that prospecting, mining, trading, or processing these minerals without proper authorization constitutes an offence under the Mining Act, 2016, and offenders will face the full force of the law.
“It has come to the ministry’s attention that some individuals, in total disregard of the law, have been illegally prospecting, mining, and dealing in these minerals,” Joho said. “This is hereby to notify the general public that anyone found dealing in such minerals shall be dealt with according to the law. We are committed to executing the necessary reforms to protect our resources.”
A Sector in Need of Reform
The illegal mining of strategic minerals is a growing concern in Kenya, with reports suggesting that billions of shillings are lost annually due to unregulated mining and smuggling activities. These illegal operations not only rob the country of potential revenue but also pose long-term economic risks by depleting non-renewable resources for selfish gains.
Joho acknowledged the need for urgent reforms in the mining sector to address these issues and ensure the nation’s mineral resources are managed sustainably. He reiterated the government’s commitment to cleaning up the mining industry by enforcing regulations and promoting genuine investment opportunities.
“We are here to clean up the sector and create genuine investment opportunities,” he said. “The government will not tolerate illegal mining and smuggling, and we are ready to take all necessary measures to safeguard the country’s mineral resources.”
Crackdown on Illegal Mining
Speaking during a visit to Kisumu on August 22, 2024, Joho announced a major crackdown on illegal mining activities. He stated that the government would station mining officers at all border points to prevent the illegal export of strategic minerals, further tightening security and monitoring measures. The CS also warned that smuggling of minerals is an economic crime that could severely impact future generations by draining the country’s mineral wealth.
“We are losing billions through illegal mining,” Joho remarked. “Smuggling our minerals is an economic crime that will hurt the future generation. We will station mining officers at border points to stop this illicit trade.”
This crackdown marks a critical step in the government’s strategy to regulate the sector and reduce illegal mining operations. Joho’s ministry will continue working closely with law enforcement agencies to ensure that offenders are brought to justice, while also encouraging responsible and legitimate mining practices.
Protecting Kenya’s Future
Kenya’s vast mineral wealth represents an untapped economic potential that could significantly contribute to the country’s development if properly managed. The government’s decision to designate specific minerals as strategic, combined with enhanced regulations, aims to create an environment where the extraction and trade of these resources benefit the country as a whole rather than a few illegal profiteers.
CS Joho’s warning to illegal miners underscores the seriousness of the government’s resolve to protect the nation’s resources. By implementing stricter enforcement measures and launching a crackdown on illegal mining, the Ministry of Mining, Blue Economy, and Maritime Affairs aims to safeguard Kenya’s minerals for the benefit of future generations and ensure that the sector remains a key driver of economic growth.
As Joho put it, “We are committed to executing the reforms in the mining sector to the fullest, and this includes total protection of strategic minerals from merchants of impunity.”
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