Individuals or entities cannot engage in mineral dealings without a mineral dealer's licence or permit, which is exclusively available to citizens of Kenya or to corporations where at least sixty percent of the shareholding is held by Kenyan citizens, with limited permissions for holders of specific licences.
"4. Interpretation
In this Act, unless the context otherwise requires— [...]
"mineral dealer" means any entity or person licenced to carry out mineral dealings;
"mineral dealings" means—
(a) buying minerals;
(b) selling minerals;
(c) bartering minerals;
(d) depositing or receiving minerals as a pledge or security; or
(e) cutting, polishing, processing, refining and treating minerals; [...]
"mineral" means a geological substance whether in solid, liquid or gaseous form occurring naturally in or on the earth, in or under water, in mine waste or tailing and includes the minerals specified in the First Schedule but does not include petroleum, hydrocarbon gases or groundwater;
[...]
PART X – DEALINGS IN MINERALS [...]
159. Authorisation to deal in minerals
(1) A person shall not engage in mineral dealings, either as principal or agent, except with and in accordance with a mineral dealer's licence or a mineral dealer's permit.
(2) Notwithstanding subsection (1), the holder of a mineral right may deal in minerals lawfully acquired in accordance with the terms and conditions of the mineral right.
(3) Subsection (1) shall not apply to—
(a) the holder of a diamond dealer's licence who is engaged in buying diamonds in accordance with the provisions of the licence; or (b)any person lawfully entitled to carry on the business of a banker.
[...]
164. Mineral dealers permit
(1) A mineral dealer's permit shall be issued, to citizens of Kenya or in the case of a body corporate, where sixty percent of the shareholding is held by citizens of Kenya.
(2) A mineral dealer's permit shall be issued by the Cabinet Secretary upon application and payment of the requisite fees.
(3) A mineral dealer's permit shall expire on the thirty first day of December of the year in which it is issued.
(4) The holder of a mineral dealer's permit shall not export minerals but shall have the right to buy and sell locally.[...]" (Mining Act No 12 of 2016)
Mining Act No 12 of 2016
[<a href="http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20306">Act</a>]