Krystalline Salt Limited & 3 others v Cabinet Secretary, Ministry of Mining and Petroleum & another (Environment and Land Petition 14 of 2021) [2023] KEELC 11 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether edible sea salt is regulated under the Mining Act, 2016
Yes. Salt is listed at No 42 of the First Schedule under construction and industrial minerals and the Act nowhere classifies salt as 'edible'; all salt falls within the Act.
The court perused section 2(1) and the First Schedule and found salt listed as a construction and industrial mineral. The definition of 'mine' includes areas where a mineral is won by evaporation, so sea salt extraction by evaporation qualifies. The Act makes no distinction between edible and other salt; the section 7 exemption is confined to customary taking by community members, not commercial extraction for sale.
Whether the Mining Act, 2016 extinguished the petitioners' proprietary rights and leases
No. The Act does not extinguish the leases or rights; it only subjects the activities to regulation and regularisation, so no violation of article 40 occurred.
The court held the Act does not extinguish the petitioners' leases granted under the Registration of Titles Act, which continue to govern the land, but the petitioners' salt extraction activities must be brought within and regularized under the Mining Act, including payment of royalties prescribed by the Cabinet Secretary under section 183. Since no rights were taken away, there was no deprivation of property without due process or compensation.
Whether the respondents have the mandate to regulate extraction of edible sea salt
Yes. The respondents have constitutional and statutory mandate under articles 60, 62(1)(f), 66(2), 69 and 71 and the Mining Act, including licensing and prescribing royalties.
The Act gives effect to the constitutional provisions on minerals and land policy. Sustainable exploitation and equitable sharing of accruing benefits cannot be left to individuals; the State must regulate through licensing and royalties. The Cabinet Secretary has the mandate to prescribe royalty rates under section 183 of the Act.
Whether the respondent's letters of May 12, 2021 demanding compliance were lawful
The letters were quashed because they were issued without regard to the petitioners' lawful operations under the prior regime, though a fresh compliance process remains open.
Although edible salt is regulated under the Act, the demand letters were improper because the petitioners had been operating legally under the Registration of Titles Act framework. Certiorari was therefore warranted, with leave to the respondent to commence a fresh compliance process.
Legal principles established
#- The Mining Act, 2016 does not differentiate between edible salt and industrial/construction salt; salt listed in the First Schedule is regulated under the Act regardless of use
- The commencement of a new statute does not extinguish subsisting leases; rights acquired under a previous regime continue but the holder's activities may be regularized under the new statute
- Section 7 of the Mining Act, 2016 is a saving for customary community taking of salt, not a licence for large-scale commercial extraction
- Demand letters issued without following due process, where the party was operating lawfully under a prior regime, are amenable to quashing
Court orders
#- 1.The letters dated May 12, 2021 by the respondent demanding compliance with the Mining Act are quashed
- 2.The respondent is at liberty to start a fresh process for compliance to bring the petitioners within the purview of the Mining Act bearing in mind that the petitioners were within their rights to extract salt under the previous regulating regime
- 3.Each party to bear their own costs; the rest of the orders sought declined
- Jurisdiction invoked
- Original constitutional jurisdiction under articles 40, 60, 62(1)(f), 66(2), 69 and 71 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Krystalline Salt Limited & 3 others v Cabinet Secretary, Ministry of Mining and Petroleum & another (Environment and Land Petition 14 of 2021) [2023] KEELC 11 (KLR)", Case Analysis (2023). Constitutional Petition dated July 12, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/11/eng@2023-01-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.