Environmental Auditing In The Mining Sector In Kenya: What To Look For And Why It Matters.

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Mining plays a vital role in Kenya’s economy. From limestone and gypsum for cement, to gold, soda ash, and rare earth minerals, the sector creates jobs, earns revenue, and builds infrastructure. But mining also takes a toll on the environment and if not checked, the damage can last generations.

This is where environmental auditing comes in.

So, whether you’re an environmental auditor, a student in environmental science, or a sustainability professional working with a mining firm, this blog is your deep dive into how to carry out a proper environmental audit for mining operations in Kenya, what to look for, why it matters, and how to recognize compliance vs noncompliance. Find more posts on audits in different sectors here.

What Is an Environmental Audit (EA), and Why Is It Important in Mining?

An environmental audit is a structured, evidence-based assessment that helps determine whether a company or project complies with environmental laws, policies, standards, and best practices.

In Kenya, environmental audits are required by law under:

EMCA Cap 387, and
Environmental (Impact Assessment and Audit) Regulations, 2003

For mining, audits are crucial because:

Mining alters landscapes permanently (pits, quarries, tailings)
It affects water, air, soil, and biodiversity
It has long-term social, health, and environmental implications

Auditing ensures that a mining operation not only follows the law but also operates responsibly, sustainably, and with community trust.

Environmental Audit Checklist for Mining: What to Look For

Let’s break down the key environmental aspects you should inspect during an environmental audit in a mining setup, whether it’s large-scale or artisanal.

1. Land Disturbance and Site Rehabilitation

Why it matters: Mining disturbs huge areas—clearing vegetation, excavating pits, dumping overburden. This leads to erosion, habitat loss, and unsafe terrain.

What to check:

Extent of land cleared vs permitted area
Soil stripping and storage practices
Existence of open, abandoned pits or spoil heaps
Any ongoing rehabilitation (backfilling, planting, contouring)

Compliance indicators:

Maps showing mine plan vs actual disturbance
Topsoil stockpiled separately and protected from erosion
Reclamation work ongoing on inactive pits
Slopes are stabilized (gabions, re-vegetation, drainage)

Noncompliance signs:

Unstable overburden heaps
No sign of rehabilitation years after extraction
Mining outside licensed area (check GPS/coordinates)

Legal Reference:

EMCA Cap 387, Sec. 106 – Duty to restore degraded environments
Mining Act, 2016 – Part VII on Environmental Obligations

Environmental Auditing in the Mining Sector in Kenya: What to Look For and Why It Matters. — credit/ source

2. Water Use and Protection

Why it matters: Mining uses a lot of water—for ore washing, dust suppression, and staff use—and risks contaminating nearby rivers and aquifers.

What to check:

Source of water (boreholes, rivers, dams)
Abstraction permits from WRA
Water use volumes (check meter records)
Drainage systems (canals, berms)
Presence and state of sedimentation ponds or wetland filters
Effluent discharge point and treatment

Compliance indicators:

Valid Water Abstraction Permit
Sedimentation ponds in use and cleaned regularly
Effluent tested for pH, TSS, heavy metals (lab reports available)
Stormwater redirected from pits and waste areas

Noncompliance signs:

Polluted runoff entering rivers
Siltation in nearby streams
No effluent discharge license (EDL)
Open defecation or wastewater from staff quarters draining into environment

Legal Reference:

Water Act, 2016
Water Quality Regulations, 2006
EMCA Section 108

3. Solid Waste and Tailings Management

Why it matters: Mining generates large volumes of overburden (rock with no minerals), tailings (residue from processing), and sometimes hazardous waste (e.g., cyanide, mercury).

What to check:

Location and design of tailings dams
Storage of overburden (stability, vegetation)
Classification of waste: general vs hazardous
Waste disposal contracts and records
Safety features around tailings dams (e.g., monitoring, fencing)

Compliance indicators:

Engineered tailings dams with monitoring wells
Proper containment for hazardous substances
Disposal through NEMA-licensed waste handlers (verify permit)
Tailings dams have embankments and emergency spillways

Noncompliance signs:

Tailings discharge directly into the environment
Cracks or leaks in tailings embankments
No waste tracking records

Legal Reference:

Waste Management Regulations, 2006
Hazardous Waste Regulations, 2007

4. Air Quality and Dust Control

Why it matters: Blasting, crushing, and hauling generate dust, while diesel equipment emits harmful gases.

What to check:

Dust suppression measures (water bowsers, spray bars, vegetation)
Location of crushers, conveyors, and open stockpiles
Diesel generator exhausts
PM10/PM2.5 monitoring (especially near residential areas)
Community complaints about air quality

Compliance indicators:

Daily dust control schedules and logs
Evidence of water sprinkling or fog cannons in active areas
Workers wear dust masks in high-risk zones
Emission reports from air monitoring agencies

Noncompliance signs:

Dust clouds visible from long distance
No suppression measures in use
Complaints from nearby households or schools

Legal Reference:

Air Quality Regulations, 2014

5. Noise and Vibration Management

Why it matters: Blasting and heavy machinery can be hazardous to workers and disruptive to nearby communities.

What to check:

Blasting schedules and logs
PPE (ear protection) for workers
Community notifications before blasting
Noise level readings near property boundary

Compliance indicators:

Noise measurements < 85 dB(A) at boundary
Controlled blasting only during daytime
Workers provided with earplugs/muffs
Buffer zones between mine and community

Noncompliance signs:

Community structures with cracks due to vibration
No hearing protection for workers
Blasting outside approved times

Legal Reference:

Noise and Excessive Vibration Regulations, 2009

6. Chemical and Fuel Storage

Why it matters: Chemicals used in ore processing (cyanide, mercury) and fuels (diesel, oil) can contaminate land and water.

What to check:

Types of chemicals used (check registers, MSDS)
Storage in labeled, ventilated, bunded areas
Spill kits and emergency plans
Employee training in chemical handling

Compliance indicators:

Secure stores with fire extinguishers, PPE, signage
Emergency drills conducted and documented
Chemical waste tracked and disposed through licensed handlers

Noncompliance signs:

Fuel drums leaking or exposed to weather
Chemicals stored near food/water sources
No MSDS on site

Legal Reference:

OSHA 2007
EMCA Section 91

7. Biodiversity and Habitat Conservation

Why it matters: Mining may threaten nearby ecosystems—forests, wetlands, wildlife corridors.

What to check:

Location relative to protected or sensitive ecosystems
Vegetation clearance practices
Encounters with wildlife (elephants, reptiles, etc.)
Mitigation measures: buffer zones, tree planting, wildlife rescue

Compliance indicators:

Mining boundaries respect forest/wetland buffers
Habitat restoration plans
Permits for clearance (where needed)

Noncompliance signs:

Mining inside forest reserves or riparian areas
Uncontrolled poaching or bushfires
Removal of protected species

Legal Reference:

Biodiversity Regulations, 2006
Forest Conservation and Management Act, 2016

8. Licensing, Documentation, and Reporting

Why it matters: Compliance is also about having the right paperwork.

What to check:

Valid EIA license for the project
Annual Environmental Audit (EA) submissions to NEMA
Waste tracking documents, EDLs, abstraction permits
Corrective Action Plans (CAPs) from previous audits

Compliance indicators:

Up-to-date NEMA licenses (check online too)
EA reports submitted via e-Citizen portal
Follow-up actions taken on past audit recommendations

Noncompliance signs:

Missing, expired, or fake licenses
No evidence of report submission
No action taken from past audit findings

What Compliance and Noncompliance Really Look Like

Audit Area	Compliance Looks Like	Noncompliance Looks Like
Water Use	Permits, clean ponds, test reports	Polluted streams, no testing
Waste Disposal	Licensed handlers, lined tailings	Dumping, leaky dams
Air Quality	Dust suppression logs, PPE for workers	Dust clouds, no mitigation
Chemicals	MSDS, bunded storage, emergency kits	Unlabeled drums, no training
Biodiversity	Replanting, buffer zones	Encroachment into reserves

Final Thoughts: Protecting More Than Profits

Environmental auditing in the mining sector isn’t just a legal checklist—it’s a responsibility. Every audit is a chance to prevent disaster, protect communities, and ensure that natural resources are managed wisely.

If done right, an audit can: