Universität zu Köln

Saroni, Caroline Wanjiku (2023). Regulatory framework for mining in Kenya: between government’s duty to protect foreign investments and its sovereign right to regulate. PhD thesis, Universität zu Köln.

PDF (PhD Thesis) Caroline Saroni PhD Thesis.pdf - Accepted Version Download (3MB)

Abstract

Most African countries need foreign investors to be able to commercially exploit their minerals because they lack the necessary technology and capital to exploit the natural resources sustainably. Therefore, the partnership between a host state endowed with mineral resources and foreign investors with the required capital and technology is vital. For the host state and the foreign investors to benefit, their interests must be balanced. Hence, a mining regulatory framework must be designed to promote good governance in the sector and achieve a balance between the interest of the host state and that of the foreign investor to ensure that the host state achieves sustainable development while the foreign investor obtains a reasonable return on its investment. This study examines whether the current regulatory framework for Kenya’s mining sector adequately balances the interests of Kenya and that of the foreign investors for the mutual benefit of both parties regarding the development and management of the mineral resources in the country. The core research question was: Does the existing regulatory framework for the mining sector in Kenya adequately balance the interests of Kenya and that of foreign investors? To answer the main question, three specific questions were examined: I. Does the current regulatory framework for the mining sector protect the interests of Kenya? II. Does the current regulatory framework for the mining sector protect the interests of foreign investors? III. What key elements should be present in Kenya’s mining regulatory framework to attain an adequate balance between the interests of Kenya and those of foreign investors? The study established that: i. The current mining regulatory framework does not adequately protect the interests of Kenya in the sector. ii. The current mining regulatory framework adequately protects the interests of foreign investors. The study concluded by giving recommendations on how a balance between the interests of Kenya and those of foreign investors may be achieved.

Item Type:	Thesis (PhD thesis)
Creators:	Creators Email ORCID ORCID Put Code Saroni, Caroline Wanjiku carolinesaroni@gmail.com UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-710926
Date:	2023
Language:	English
Faculty:	Faculty of Law
Divisions:	Ehemalige Fakultäten, Institute, Seminare > Faculty of Law > no entry
Subjects:	Law
Uncontrolled Keywords:	Keywords Language Mining UNSPECIFIED Extratives UNSPECIFIED Foreign Direct Investments UNSPECIFIED Bilateral Investment Treaties UNSPECIFIED Sustainable Development UNSPECIFIED Public Trust Doctrine UNSPECIFIED Right to regulate UNSPECIFIED Permanent Sovereignty over Natural Resources UNSPECIFIED TWAIL UNSPECIFIED
Date of oral exam:	20 September 2023
Referee:	Name Academic Title Milej, Tomasz Professor
Refereed:	Yes
URI:	http://kups.ub.uni-koeln.de/id/eprint/71092