Transparency International Kenya is part of the first cohort of 20 Transparency International Chapters involved in TI’s global programme to improve transparency in the process of awarding mining permits.
This global programme seeks to improve transparency and accountability in the extractive industries, focusing specifically on the very first link in the mining value chain: the decisions by government to grant mining or exploration permits and licenses and negotiate contracts.
This assessment comes at an opportune time, following a number of regulatory and administrative changes to the mining sector in Kenya. This includes: the enactment of the Mining Act 2016, which replaced the Mining Act of 1940; new draft regulations and guidelines to support the implementation of the Act; and a reconfiguration of the online cadastre system to comply with the new Act.
TI-Kenya identified 18 corruption risks that are likely to occur in the awarding of mining licences. These risks largely entail gaps in the legal and policy framework, poor access to information, an inadequate public participation process and a lack of institutional capacity.
- People with knowledge of corruption in the awards process will not make a report
- Whistle-blowers will not be legally protected.
- The criteria for awarding licenses will not be publicly knowable.
- The steps of an award process will not be publicly knowable.
- The criteria for EIAs will not be publicly knowable.
- There is a lack of verification of the accuracy or truthfulness of EIA reports by the relevant authorities
- Community leaders negotiating with a mining company will not represent community members’ interests.
- Assuming consultation with affected communities is required, their free, prior, informed consent will be ignored as a result of corrupt practices.
- Assuming consultation with communities or landholders is required, negotiations for landholder or community agreements can be manipulated.
Mining Licence Process Map
What is the process for awarding mining rights in Kenya? What steps must the company and the government follow? These ‘maps’ present this process as a step-by-step guide. They sheds light on a process that is often complex and complicated, making it more transparent.