In a landmark ruling with significant implications for Kenya’s extractive sector, the High Court in Nairobi on Wednesday struck down the entirety of the Mining Regulations 2024, declaring them unconstitutional, null, and void.

Justice Bahati Mwamuye delivered the decisive judgment, which found that the government’s comprehensive amendments to the mining framework were enacted in direct violation of constitutional mandates for public participation and transparency. The ruling represents a substantial judicial setback for the Ministry of Mining, Blue Economy, and Maritime Affairs.

The legal challenge was initiated by the Kenya Chamber of Mines, led by Chairman Dr Patrick Kanyoro, which filed a petition arguing that the state had failed to conduct meaningful and inclusive stakeholder engagement before passing the sweeping regulatory changes.

Dr. Kanyoro Patrick, Chairman of the Kenya Chamber of Mines said that the judgment sends a strong message to all government departments on the non-negotiable requirement for robust and genuine public consultation in the legislative process, reinforcing Kenya’s democratic foundations.

In his detailed ruling, Justice Mwamuye emphasized the fundamental importance of the principles of governance outlined in the Constitution.

“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 in violation of Articles 10 and 118 of the Constitution,” he stated.

The judge was unequivocal in his finding that the regulations, having been crafted without the requisite democratic processes, were fundamentally flawed and carried no legal force.

“He observed that the regulations were unlawful and could not stand, declaring them invalid and unenforceable,” the court record noted.

To give full effect to the decision, Justice Mwamuye issued an order of certiorari, a powerful legal instrument used by higher courts to quash unlawful decisions made by lower courts or public bodies.

“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 ordered.

The judgment has been met with approval from industry stakeholders, who hailed it as a victory for the rule of law and accountable governance. It underscores the critical role of an independent judiciary in upholding constitutional order and ensuring that government agencies adhere to due process in the exercise of their legislative authority.

The ruling effectively reverts the regulatory framework for Kenya’s mining sector to its previous status, creating a period of legal uncertainty. The decision now places the onus on the Ministry of Mining to undertake a new, constitutionally-compliant process should it seek to reintroduce the amended regulations.