In fulfilling its mandate under the Mining Act 2016 (“the Act”), the Ministry of Mining (currently Ministry of Petroleum and Mining) created an electronic platform for all stakeholders in the mining sector in Kenya to promote online transactions and enhance transparency in the mining industry. It enables online applications for mineral rights thus ensuring efficient, effective, and transparent mineral rights issuance. The online cadastre portal has a mining cadastre map that allows the Ministry to publish geological data, mineral occurrences, concession and mining cadastre data, giving a spatial view intended to improve transparency.
The Act provides in Section 191 (1) for the establishment and maintenance of an up to date computerized mining cadastre and registry system. Section 192 (3) further requires that the computerized mining cadastre and registry system shall include an online transactional facility to enable applications for granting and renewal of mineral rights to be submitted online.
In order to access the online Cadastre Portal the user must first register with the Mining Cadastre Office. If one is a holder of existing mineral rights licenses/permits, or applications for them, the person must register an account for access to the online cadastre portal in person.
For registration, one requires a completed registration form MCP01, proof of identity (national identification card/passport for foreigners). In case of an employee or agent, then an original letter of authority signed by a company director authorizing the individual to act on behalf of the company or person is required. Upon submitting all the requirements, the application for registration is processed and a user profile is created in the mining cadastre portal and the user receives an email notification with a link to set up a password.
Registration of a user account to access the online cadastre portal may also be made by individuals or companies who do not already have mineral rights licenses/permits or have not submitted applications for the same. Registration may be made online by uploading requisite registration documents online on the self-registration page.
The Ministry of Mining-Cadastre office will then verify the online application and documents submitted. If the application is successful, the user will receive an email confirmation of successful registration.
Under its terms of usage, access to the online Mining Cadastre Portal by any person other than the authorized users is strictly prohibited.
Author: Gordon Abuja
Managing partner-Abuja & Company Advocates LLP
