Mining and Extractive Industries Law

Providing guidance on Kenya’s mining legal and regulatory framework, local content policies and laws.

OT Advocates’ partners have been privileged to provide legal services and support to the biggest and oldest mining entities in Kenya. The services encompass full mining project life cycle including the land concession matters with both the national and county governments, issues connected to access to water for mining operations, easements for transport infrastructure (road and rail), environmental matters, health and safety, financing, project development, operations, employment matters, corporate advisory, procurement advisory, immigration issues for expatriate staff, community relations, corporate social responsibility matters and dispute resolution.

We are proud to provide the full spectrum of legal advice through each stage of a mining project, from exploration stage through to mine development and production stages to end buyer stage – with a deep understanding of the legal and practical challenges that the mining industry faces in Kenya.

We handle applications for prospecting rights, reconnaissance licences, exclusive prospecting licences, special prospecting licences, mining leases, special mining leases, mineral dealers licences and export permits; liaising and engaging with Ministry of Environment, Water and Natural Resources, the National Environmental Management Authority (“NEMA”), the National Treasury, the Kenya Revenue Authority (KRA), Kenya Investment Authority (“KenInvest”), Ministry of Lands, Housing, and Urban Development, National Land Commission (“NLC”) and County Governments, on behalf of clients for mining related matters.

We also advise on, review and draft production sharing agreements, community development agreements, mine development agreements, concession agreements, land access for exploration agreements and off-take agreements, among others.

Yes! You should never take legal action without the assistance of an experienced professional. If you need any legal advice, work with OT Advocates right away!

OT Advocates accepts cheques, direct bank transfer (SWIFT, RTGS, EFT), cash, mobile money (this includes MPESA, Airtel Money). A Deposit Request Note (invoice) is issued immediately instructions have been firmed up by the client; and at completion, a Fee Note (final invoice) is issued for the balance of the agreed fee and disbursements with credit being afforded to the earlier payment (deposit). All payments are due within fourteen (14) days from receipt of invoice.

Usually, clients meet with our attorneys at our offices but not always. If this is not convenient or you are prevented from physically meeting us at our office, we are amenable to having a Skype, Imo or WhatsApp call or video call, tele-conference call, normal telephone calls or email correspondence. We are always happy to work with our clients to ensure that their legal matters are solved in the most efficient and expeditious manner. If this means meeting with you at a place other than our office, we would be happy to do so, under reasonable circumstances.

Yes. If you choose to engage OT Advocates, do not hesitate to ask us any relevant questions concerning your matter. You can inquire about fees and payment terms; our strategy for handling your matter; what to expect during the process; the documentation and information needed by us; possible outcomes; how to prepare for negotiations and legal proceedings; and how to communicate with your attorney (especially in the event that an urgent issue arises).

- Our Strategy