Hassan Ali Joho, the Cabinet Secretary for the Ministry of Mining, Blue Economy and Maritime Affairs, has introduced new mining safety regulatory frameworks.
In a gazette notice dated June 12, the CS outlined new penalties for the commercial use of explosives to enhance environmental management and national security.
Further, Joho emphasized that the Mining (Mine Health, Safety and Environment) Regulations, 2026, have been developed pursuant to Section 178(2) of the Mining Act (Cap. 306).
According to Hassan Joho, the proposal aims to provide a comprehensive regulatory framework for the multifaceted risks associated with mining operations in Kenya.
“The Regulations seek to establish minimum health and safety standards for all categories of mining operations and provide for the protection of mine workers, third parties and surrounding communities from occupational hazards and disease,” Cabinet Secretary Hassan noted.
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CS Joho’s Regulatory Framework Impacts
Additionally, the framework seeks to establish minimum health and safety standards that apply across all categories of mining operations.
With the new mining rules, the protection of miners will be extended to those in the mining surrounding and third parties vulnerable to occupational hazards and industrial diseases.
Further, the new framework aims to maintain the structural integrity of mine sites by introducing geotechnical safety measures for both opencast and underground mining sites.
The 2026 regulations set strict environmental protection obligations for all license holders, including requirements for land rehabilitation and mine closure.
Through the mandatory land rehabilitation license, miners are legally obligated the restore lands after extraction is completed.
In addition, through the regulation of tailings storage facilities and the management of acid mine drainage, miners are tasked with safeguarding local ecosystems and public health.
Artisanal Mining
The Cabinet Secretary for the Ministry of Mining, Hassan Ali Joho, has formalized, perhaps in the new mining regulations, artisanal and small-scale mining operations.
Under the new framework, artisanal miners will be brought into a structured legal system and required to adhere to specific safety standards.
To ensure the new rules are abided by, the framework has established measures to strengthen inspection, enforcement, and penalty provisions.
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Commercial Explosives Management
The government has introduced the Commercial Explosives (License and Permit Fees) Regulations, 2026, in accordance with the Explosives Act (Cap. 115) and the Statutory Instruments Act.
According to CS Joho, the Regulations introduced will ensure a structured, transparent, and proportionate fee regime for the licensing, permitting, and inspection of commercial explosives.
Further, the Regulations will enable the cost recovery for regulatory services while strengthening the government’s capacity to monitor the movement and use of explosives.
The introduced rules will also provide clear procedures for the revocation, suspension, and renewal of explosives licenses.
In accordance with the Statutory Instruments Act, the Ministry has issued a Regulatory Impact Statement for the regulations to evaluate effects on stakeholders and the general public.
Stakeholders and members of the public likely to be affected by these proposed rules have been invited to submit written memoranda within 14 days of June 12.
Submissions can be delivered to the Principal Secretary of the State Department for Mining at the Ministry’s Nairobi offices or via email to [email protected].
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