Court gravel.The High Court has declared the Mining Regulations 2024 unconstitutional, null, and void, dealing a blow to the Ministry of Mining, Blue Economy, and Maritime Affairs.
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.
"A declaration be and is hereby issued that the mining collection and management ammendment regulations 2024, the Mining License and Permit Ammendment regulations 2024, the mining dealing with minerals ammendment regulations 2024, Mining Mind Support Services ammendment regulations 2024 and Mining Gemstones Identification and Value Addition Fees Ammendment Regulations 2024, collectively the mining regulations 2024 are hereby declared unconstitutional, unlawful in violation of articles 10 and 118 of the constitution," he ruled.
He observed that the regulations were unlawful and could not stand, declaring them invalid and unenforceable.
The judge further ordered that the Mining Regulations 2024 be declared null and void, and issued an order of certiorari quashing them in their entirety
"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,” the judge further ordered.
Ordinarily, the court observed, quashing regulations would open the door to refund claims for fees and levies collected under the invalidated rules.
However, Justice Mwamuye declined to order refunds in this case, 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 noted.
The quashed regulations had sought to amend fee structures for licensing, permitting, mineral dealing, and value addition processes in the mining sector.
They included provisions increasing application fees, levies, and charges across different categories of mining activities, changes that had drawn criticism from some industry players as punitive.
The Kenya Chamber of Mines had previously raised concerns that the fee increases were rolled out without adequate engagement with miners, dealers, and investors, warning that the changes would undermine growth in a sector already contributing modestly to the economy.
The Ministry, however, previously defended the reforms, arguing that the revisions were necessary to modernise the sector and align Kenya’s mining framework with global best practices.
