NAIROBI, Kenya – The High Court has struck down the Mining Regulations 2024, declaring them unconstitutional and a violation of the Constitution’s principles on transparency and public participation.
In a ruling delivered on Wednesday, September 10, 2025, Justice Bahati Mwamuye nullified the regulations in their entirety after a successful petition by the Kenya Chamber of Mines.
“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 Mine 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 and in violation of Articles 10 and 118 of the Constitution,” Justice Mwamuye ruled.
The judge issued an order of certiorari quashing the regulations, terming them invalid and unenforceable.
The Kenya Chamber of Mines had argued that the Ministry of Mining, Blue Economy, and Maritime Affairs pushed through sweeping fee increases and amendments without adequate engagement with miners, dealers, and investors.
The industry body warned that the measures risked undermining growth in a sector that remains a relatively small contributor to Kenya’s economy.
The regulations, now quashed, had sought to revise licensing fees, levies, and charges across multiple categories of mining activities, including mineral dealing and value addition. Several stakeholders had described the changes as punitive.
Ordinarily, quashing such rules could have opened the door to refund claims for fees collected under the invalid framework.
However, Justice Mwamuye declined to order refunds, citing the wider public interest.
“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,” he said.
The Ministry had defended the reforms as necessary to modernise the mining sector and align it with international best practices.
But with the court’s decision, the contested regulations have been wiped off the books.
