` A REPORT ON RECONNAISENCE OPERATIONS

Introduction
Reconnaissance is preliminary survey or research/a non-intrusive study of an entire area that
might be used for road or airfield (covers a minimum 1 block - maximum of 5000 contiguous
blocks)
Non-intrusive meaning no disturbance of the surface; mostly uses airplane, drowns and
collecting surface soil
Types of reconnaissance survey are:
 Aerial survey
 Surface survey
 Subsurface testing

It main advantages are;

 Cheap
 Simple
 Many measurements can be taken hence is reliable
For one to conduct reconnaissance operation must have the following; for large scale-
reconnaissance license, for small scale- reconnaissance permit and sample collecting license
Reconnaissance license
An application for reconnaissance licence shall be submitted to the Cabinet Secretary in the
prescribed form with the prescribed fee
Applications
According to part 3 of the mining art 2016 the applicant must know the following
 All applications should be submitted online
 The person submitting must be a registered portal user
 A person shall register as a portal user by completion of form OMCI as set out in
the schedule
 A user registration under sub regulation (3) is valid for a period of twelve months
and is renewed
 he user is responsible for maintaining a valid user electronic mail account and
updating any information in respect of the holder
Licensing:
 An application for mineral right shall be submitted by registered user by completing
the prescribed form, upholding the required documents and payment of the
prescribed fee
 An applicant may at any time withdraw from the application
 Upon withdrawal all information on the application shall be deleted
  If withdrawal the application fee is not refundable
 Any false information submitted in the application shall result to the rejection of the
application
The applicant must meet the following requirements;
 Citizen with a sound mind
 18 years and above
 Required technical and financial expertise or corporate body registered
 Established in Kenya
Regulations according to section 48 of the mining art 2016
 The state shall require ten percent free carried interest in the share capital of the right
in respect of which financial contribution shall not be paid by the state
 Sub section 1 shall apply to reconnaissance licensing
 The cabinet secretary shall make regulations to provide for state participation in
mining
An applicant for a reconnaissance licence shall provide the following information to the
Cabinet Secretary:
 the area in respect in which the reconnaissance licence is sought
 the proposed programme for the reconnaissance operations to be carried out
 details of the technical expertise and financial resources to be used in the conduct of
the reconnaissance operations
 a plan outlining the proposals for procurement of local goods and services by the
applicant
 any other information required by the Cabinet Secretary as may be prescribed by
Regulations
The Cabinet Secretary, on the recommendation of the Mineral Rights Board shall grant a
reconnaissance licence, if:
 the size area of land on which the reconnaissance licence is sought is reasonable and
in line with the programme of operations proposed by the applicant
 applicant has adequate financial resources, technical competence and mining industry
experience to carry on the proposed programme of reconnaissance operations
 the local product plan by the applicant with respect to the procurement of locally
available goods and services is acceptable
 the local employment plan by the applicant with respect to employment and training
of Kenyan citizens is acceptable.
The maximum area covered by a reconnaissance licence shall be a block or any number of
blocks not exceeding five thousand contiguous blocks each having a side in common with at
least one block the subject of the application
The term of a reconnaissance licence shall not exceed two years and is not renewable
The holder of a reconnaissance licence shall enjoy non-exclusive rights to carry out
reconnaissance for the minerals in the area covered by the licence in accordance with the
provisions of this Act.
)The holder of a reconnaissance licence may, in exercise of the rights conferred under sub-
section (1):
 enter on or fly over the reconnaissance area to carry out approved reconnaissance
operations
 take and remove specimens and samples from the reconnaissance area not exceeding
such limit as is reasonably required for reconnaissance purposes
 take timber and water from any lake or watercourse for the purposes of
reconnaissance operations
 erect equipment, plant and buildings necessary to carry out the reconnaissance
operations
 remove on or before the termination of the reconnaissance operations, any camps,
temporary buildings or installations which the holder may have erected in the licence
area
The holder of a valid reconnaissance licence shall:
 commence reconnaissance within three months of grant of the licence
 carry out reconnaissance in accordance with the approved programme of
reconnaissance operations
 expend on reconnaissance in accordance with the programme of reconnaissance, not
less than such amount as may be specified in the reconnaissance licence
 not engage in drilling, excavation or other subsurface exploration techniques
 inform and consult on an ongoing basis with the national and county government
authorities and communities about the reconnaissance operations that require physical
entry onto the land within their jurisdiction
 not enter land that is excluded from the reconnaissance licence
 compensate users of land for damage to land and property resulting from
reconnaissance operations in the licence area
 not remove any mineral from reconnaissance are except for the purpose of having
such mineral analysed, valued or tested
 notify the Cabinet Secretary without any unreasonable delay of the discovery of any
mineral deposit of potential commercial use
 notify the Cabinet Secretary of any archaeological discovery
 comply with the conditions of the licence and any directions issued by the Cabinet
Secretary or authorised officer in accordance with the Act
 submit to the Cabinet Secretary geological and financial reports and such other
information relating to reconnaissance operations as may be prescribed
 carry out reconnaissance in accordance with the international good practice standards
and any guidelines as may be prescribed
 remove within sixty days of the expiration of the reconnaissance licence, any camps,
temporary buildings or machinery erected or installed by the holder and repair or
 otherwise make good any damage to the surface of the ground occasioned by such
removal to the satisfaction of the Cabinet Secretary or a duly appointed officer
A reconnaissance licence issued in accordance with this Act shall include:
 an approved programme of reconnaissance including an expenditure commitment
 an approved plan for the procurement of local goods and services
 an approved plan to employ and train citizens of Kenyan
The holder of reconnaissance licence shall keep complete and accurate records of the
reconnaissance operations at the registered office of the holder in the prescribed manner. The
records of a reconnaissance operations shall include:
 details of all minerals discovered
 the results of geological, geochemical, geophysical or airborne surveys obtained and
compiled by the holder
 financial statements and books of accounts as the Cabinet Secretary may by notice
require
 any other reports or information as may be prescribed or otherwise determined by the
Cabinet Secretary.

Reconnaissance permit
A person may apply for a reconnaissance permit to the Cabinet Secretary in the
prescribed form and upon payment of the prescribed fee. This for small scale mining
operations
It is permit grants a holder the non-extensive rights to carry out non-invasive
investigation for mineral with the permit area
This permit shall be granted for period not exceeding one year and shall be for a specific
county
The application is done by completion of from RP1 set out in the schedule and the cabinet
secretary shall issue a reconnaissance permit digitally together with a paper copy using
form RP2 set out in the schedule
The application shall contain the following:
 The full name, nationality and address of the applicate
 The mineral or mineral in respect of which the permit sought
 The area in respect of which the permit is sought
The application must be able to demonstrate the following:
 Demonstrate that they have adequate resources, technical competence and
experience to carry out the proposed reconnaissance program
 Evidence that the proposed reconnaissance program is adequate for
reconnaissance
 Evidence of payment of application
The holder of reconnaissance permit shall:
 Comply with the terms and conditions specified in the permit
 Take all necessary measure to protect the environment
A reconnaissance licence or permit and prospecting licence or permit shall be granted under
this Act on, under or over community land unless it involves excavation and drilling in which
case consent should be sought prior to those activities being undertaken from:
 the authority obligated by the law relating to administration and management of
community land to administer community land
 the county government in relation to the community land that is un-alienated
The Cabinet Secretary may make Regulations to provide for the grant of mineral rights over
community land which is not already covered by valid licences and permits duly granted
under this Act, during the period of validity and renewal terms