In Summary
- In a judgment delivered on Wednesday, September 10, 2025, Justice Bahati Mwamuye ruled that the regulations, which included amendments across several areas of the mining framework, were passed in violation of constitutional principles on transparency and public participation.
- The decision follows a petition filed by the Kenya Chamber of Mines, which moved to court challenging the respective regulations.
Nairobi, Kenya – In a major legal setback for the Ministry of Mining, Blue Economy, and Maritime Affairs, the High Court has declared the controversial Mining Regulations 2024 unconstitutional, null, and void.
Delivering judgment on Wednesday, September 10, 2025, Justice Bahati Mwamuye ruled that the regulations—meant to overhaul Kenya’s mining framework—were passed in breach of key constitutional principles, particularly those relating to transparency and public participation.
The ruling follows a petition filed by the Kenya Chamber of Mines, which moved to court challenging the legality and constitutionality of the sweeping amendments.
“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 declared the regulations invalid and unenforceable, further issuing an order of certiorari quashing them in their entirety.
“A declaration is hereby issued that the Mining Regulations 2024 are null and void and therefore invalid and unenforceable in their entirety,” he said.
Ordinarily, the annulment of such regulations would pave the way for refund claims from stakeholders who had paid fees and levies under the invalid rules. However, Justice Mwamuye declined to order refunds in this case, citing public interest concerns.
“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,” the judge noted.
The quashed regulations sought to revise licensing structures, introduce new levies, and amend fees related to mineral dealing, value addition, and mine support services. The Ministry had defended the changes as necessary to modernize the mining sector and align Kenya’s regulatory framework with international standards.
However, the reforms faced sharp criticism from industry stakeholders, who argued the new fees were punitive and were introduced without proper stakeholder engagement.
The Kenya Chamber of Mines had consistently flagged the lack of consultation, warning that the abrupt cost hikes would stifle investment in a sector already underperforming relative to its potential contribution to the national economy.
With the annulment of the regulations, the Ministry now faces pressure to return to the drawing board and engage stakeholders meaningfully in crafting a more inclusive regulatory framework.
Legal analysts say the judgment is a stinging reminder to government agencies of the constitutional obligation to involve the public in policymaking, especially where reforms carry wide economic and legal implications.
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