Obtaining a Mining Work Permit/Visa in Kenya

Published on Jan. 27, 2025, 3:10 p.m. | Category: Immigration & Global Mobility

Introduction

A mining visa/work permit often referred to as class A work permit is a permit typically granted to a foreigner intending to engage in partnership to prospect for minerals or mining in Kenya. Essentially, it issued to foreign investors who intend to engage in minerals prospecting/mining. It is crucial to understand that the mining laws and regulations in Kenya do not explicitly permit foreigners to apply for mining licenses independently hence necessitating partnership with Kenyan citizens or entities in order for them to be granted a license to engage in mining. In this article, we will explore what is required for an individual to obtain a mining work permit/visa in Kenya.

Requirements for obtaining Mining work permits (class A work permit) in Kenya.

To qualify for this category of work permit one has to meet some key requirements as noted below;

1. Procuring the applicable mining licenses- To engage in prospecting for minerals/mining one must obtain the requisite licenses and registrations to prospect for minerals to mine;

2. Registration of the organisation where applicable - This is applicable where one intends to prospect for minerals /mining through an organisation;

3. Proof of sufficient capital and resources -one must have proof of sufficient capital of not less than USD 100,000;

4. One must demonstrate that the engagement in mining of for the benefit of Kenya; and

5. Tax Compliances -To qualify for this permit one must be tax compliant.

Conclusion

The Mining sector in Kenya is subject to stringent regulations as stipulated under the Constitution of Kenya, 2010 where all natural resources, including minerals are held in trust by the National Government for the benefit of the Kenyan people. Therefore, it is important before prospecting for minerals for one to be adequately guided on all the necessary legal and procedural requirements to engage in mining activities in Kenya, thereby minimizing the risk of potential challenges arising from inadequate knowledge.

How we can assist at CM Advocates LLP.

Assist in obtaining the necessary mining licenses;
Assist in obtaining the immigration work permit ;
Offering advisory relating to mining law and policies in Kenya;
Preparation of Joint Venture agreements relating to mining;
Preparation of the relevant documents such as partnership agreements and other related mining agreement; and
Other Legal requirements thereof.