Economy

New rules to boost employment of Kenyans in mining sector

kazungu

Mining secretary Dan Kazungu. FILE PHOTO | NMG

Mining firms operating in Kenya will be required to hire locals and show evidence of how they plan to replace expatriates with Kenyans if Parliament approves new employment rules.

The new set of laws aims to promote job creation through the use of local expertise in the mining industry, the entire mining value chain and to retain the requisite skills within the country.

“The regulations takes into account issues of mandatory employment of Kenyans in the mining and mineral-related projects,” Dan Kazungu, Mining Cabinet secretary says in an explanatory memorandum on the Mining (Employment and Training) Regulations 2017.

Mineral licence holders will be forced by law to employ only Kenyans at junior and mid-level positions. “The employment and training is to conform and comply with constitutional provisions and ensure Kenyans benefit from exploitation and utilisation of environment and natural resources,” he said.

Kenya has proven deposits of titanium, gold, gemstones and coal as well as deposits of rare earth minerals, copper, niobium and manganese
The Mining ministry was created to spur growth in the sector and diversify the economy, which is based mainly on services and farming. Kenya earned Sh23.2 billion from minerals last year.

Mr Kazungu is seeking MPs’ approval of the regulations.

“An application for any licence shall not be granted by the Cabinet secretary unless the applicant has submitted a plan outlining the proposals for the employment and training of Kenyans,” section 5 of the rules states.

The law will also apply to applicants or holders of any licence for cutting, polishing, processing, refining and smelting of minerals.

The regulations stipulate that where an experienced expatriate is needed, a plan for progressive replacement of the expatriate by a Kenyan shall be required.

Where an applicant for a licence intends to recruit an expatriate, Mr Kazungu will require a detailed curriculum vitae of the person, the position to be filled, the job description and a statement as to why the work cannot be done or the position occupied by a Kenyan.