Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
MINING ACT
THE MINING (USE OF LOCAL GOODS AND SERVICES) REGULATIONS
LEGAL NOTICE 83 OF 2017
- Published in Kenya Gazette Vol. CXIX—No. 67 on 26 May 2017
- Commenced on 26 May 2017
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Citation.
These Regulations may be cited as the Mining (Use of Local Goods and Services) Regulations.2. Interpretation.
In these Regulations, unless the context otherwise requires—"Act" means the Mining Act (Cap. 306);"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to mining;"holder" has the meaning assigned to it in the Act;"Kenyan content" means the quantum of composite value added to or created in the Kenya economy by a systematic development of capacity and capabilities through the deliberate utilization of Kenyan human and material resources and services rendered in the mining industry value chain;"Kenyan goods" means goods including but not limited to plant, machinery and equipment, manufactured, produced or assembled by professionals, a company incorporated in Kenya or owned or controlled by Kenyans;"mine support services" has the meaning assigned to it in the Act;"minerals activities" means any activity or operations to be conducted under a licence to establish a refinery or a smelter or the reconnaissance, prospecting and mining of minerals;"mining operations" has the meaning assigned to it in the Act;"procurement plan" means a procurement plan for goods and services submitted in compliance with any provisions of the Act and these Regulations.3. Purpose of the Regulations.
The purpose of these Regulations is to—4. Application of the Regulations.
These Regulations shall apply to—5. Use of Kenyan goods and services.
The holder of a licence, its contractors and sub-contractors shall, to the maximum extent possible, when purchasing goods and procuring services required with respect to operations or any activity to be conducted under a licence, give first priority to—6. Requirement of procurement plan.
7. Procurement requirements for holder of a pre-existing mineral right.
8. Call for tenders.
9. Register of local business.
10. International procurement.
The procurement of goods, materials, equipment and services by a holder of mineral right or mine support services licence may be tendered for and procured internationally without restriction, provided that—11. Procurement report.
12. Power to publish Guidelines.
Subject to section 221 of the Act, the Cabinet Secretary may form time to time, publish and disseminate Guidelines in relation to the content level of all goods and services that shall be procured in Kenya.13. Professional services for engineering.
15. Professional services for accounting and legal.
16. Reporting requirements.
17. Assessment of performance report.
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
26 May 2017
Commenced