Assessing the adequacy of enforcement mechanisms for local employment and skill transfer under Kenya’s Mining Act 2016

Abstract

The problem of inadequate local employment and skill transfer in Kenya's mining sector persists despite Section 47 of the Mining Act 2016 providing for employment local content. This study investigates the sufficiency of the current legal framework and explores how and why enforcement challenges have emerged. The study will be anchored on the social contract theory. The methodology adopted for the study is doctrinal, drawing from primary sources such as Constitutions and the Mining Acts, and secondary sources including academic articles and reports. The conclusion aims to provide recommendations for improving the enforcement of local content laws, drawing on best practices from resource-rich countries like Ghana. The findings will contribute to the discourse on local content enforcement and inform policymakers and persons of interest on maximising benefits in the mining sector.