Mining Act (Cap. 306).

This Act provides rules for the prospecting for and mining of minerals, except mineral oil, in Kenya.
The Act states that all unextracted minerals (other than common minerals) under or upon any land are vested in the Government. Certain classes of land are excluded from prospecting and mining. Trust land is excluded, except that mining may take place with the consent in writing of the county council within whose area of jurisdiction the land is situated. There shall be a Commissioner of Mines and Geology, a mining engineer, inspectors and assistant inspectors of mines. Prospecting rights and an exclusive prospecting licence are granted by the Commissioner. Discovery of minerals shall be reported to the Commissioner. The Commissioner may grant a location right upon discovery and a mining lease. A Mining lease shall give various rights to the holder of the right including the right to water, to lay water pipes and to make watercourses and pounds, dams and reservoirs and to divert, under certain conditions, from a natural watercourse any water on or flowing entirely through the land subject to the mining lease. Holders of a right of location or mining lease may take timber on the relevant land in accordance with provisions of this Act. The Commissioner shall decide on disputes regarding matters covered by this Act.