Blow to Mining Ministry as court declares 2024 regulations unconstitutional

The High Court has nullified the Mining Regulations 2024, declaring them unconstitutional and a violation of key constitutional principles.

This ruling, delivered by Justice Bahati Mwamuye on Wednesday, September 10, 2025, marks a major setback for the Ministry of Mining, Blue Economy, and Maritime Affairs.

The court found that the regulations, which introduced sweeping changes to licensing, permitting, mineral dealing, and value addition processes, were passed without transparency or proper public participation.

The case was brought to court by the Kenya Chamber of Mines, which challenged the legality of the regulations on grounds that they ignored public input and breached constitutional provisions.

"A declaration be and is hereby issued that the Mining Collection and Management Amendment Regulations 2024, the Mining License and Permit Amendment Regulations 2024, the Mining Dealing with Minerals Amendment Regulations 2024, Mining Mind Support Services Amendment Regulations 2024 and Mining Gemstones Identification and Value Addition Fees Amendment Regulations 2024, collectively the Mining Regulations 2024 are hereby declared unconstitutional, unlawful in violation of articles 10 and 118 of the Constitution," the judge ruled.

Justice Mwamuye added that the regulations could not be enforced in their current form and had no legal standing.

"A declaration is hereby issued that Mining Regulations 2024 are null and void and therefore invalid and unenforceable in their entirety. An order of certiorari is hereby issued to bring into this court and to quash in entirety the Mining Regulations 2024,” he ordered.

While acknowledging that the quashing of regulations typically opens the door for refund claims on fees or levies collected under the now-invalid laws, the court declined to issue such a directive in this case.

"In the present case, I decline to issue such an order as I am persuaded that directing a refund of levies so collected would not be in the public interest as it would occasion a paralysis of the respondents' operations and also impose a substantial financial burden on the government," Justice Mwamuye said.

The disputed regulations had introduced higher application fees and revised charges across various mining-related categories.

These included new rates for mining licenses, permits, mineral dealing processes, and value addition services.

The changes triggered backlash from industry players, who described them as burdensome and poorly communicated.

The Kenya Chamber of Mines had consistently argued that the Ministry rolled out the amendments without meaningful engagement with miners, dealers, or investors.

They warned that such unilateral actions would stifle the growth of an already underperforming sector.

The Ministry had, however, maintained that the reforms were designed to modernise operations and bring Kenya’s mining policies in line with international practices.

With the regulations now quashed, the Ministry is expected to go back to the drawing board if it intends to pursue fresh changes in line with constitutional requirements.