Government Unveils Strict Regulations for Kenya's Sand Industry

Kenya's sand industry is undergoing significant change following the introduction of the Sand Harvesting Regulations, 2024, announced by Environment Cabinet Secretary Aden Duale on February 18.

This regulatory framework is designed to promote sustainable sand extraction practices while protecting the country's natural environment. Under the new regulations, individuals engaged in sand harvesting or transportation are mandated to obtain licenses from the National Environment Management Authority (NEMA). This requirement primarily impacts motorists transporting sand, who must submit their vehicle logbook and national identity card to NEMA and pay a processing fee of Sh3,000 for approval.

Key stipulations of the guidelines include limiting sand harvesting to a depth of one and a half meters in areas such as farms, lakeshores, and seashores. Additionally, a minimum setback of three meters from adjacent property boundaries is now required. To foster environmental sustainability, the regulations compel sand harvesters to undertake restoration efforts at previously exploited sites, all under the oversight of a special committee established by local county governments.

Record-keeping obligations have also been placed on sand sellers, who must issue receipts to buyers and maintain these records for inspection by relevant authorities. Moreover, sand transportation is restricted to daylight hours, specifically between 6 a.m. and 6 p.m., during which drivers must have their permits readily available. In a statement, CS Duale emphasizes the seriousness of compliance, stating that violations of these regulations will constitute an offence, with penalties defined under section 144 of the Act.

Additionally, sand dealers are required to join associations, community-based organizations, or cooperatives to operate legally within this framework. The regulations further prohibit child involvement in sand harvesting activities and related organizations. Duale reiterates the importance of obtaining a valid Environmental Impact Assessment (EIA) license from NEMA, as any sand extraction from rivers, lakes, oceans, farms, or other lands without such a license is strictly prohibited.