Kenyans planning to engage in construction activities could be forced to dig deeper into their pockets to purchase sand after the government imposed new regulations on the valuable commodity.

To control sand harvesting and transportation, Environment Cabinet Secretary Aden Duale on Tuesday, February 18, published the Sand Harvesting Regulations, 2024. The new regulations seek to ensure the sustainable utilisation of sand as a resource, while also protecting the environment.

Under the new regulations, Kenyans who want to either harvest or transport sand must obtain the requisite licence from the National Environment Management Authority of Kenya (NEMA).

In particular, motorists transporting sand must apply for the licence by submitting a copy of their motor vehicle logbook and national identity card to NEMA. Once approved, the motorist will be required to pay a fee of Ksh3,000.

Environment Cabinet Secretary Aden Duale during the opening session of the Sub-regional capacity-building workshop in Nairobi on February 17, 2025.

Photo

Ministry of Environment

According to CS Duale, sand harvesting on a farm, lakeshore or seashore must not exceed one and a half metres in depth and a buffer or set back line of at least three metres from adjacent boundaries.

Sand harvesting must also be done concurrently with the restoration of former designated sand harvesting sites, and the restoration shall be undertaken with guidance from a special sand harvesting committee set up by the county government.

The new regulations also stipulate that any person who sells sand must issue a receipt to the purchaser and keep records of such receipts for inspection by the relevant authorities.

A permit holder should only transport sand between 6 a.m. and 6 p.m. each day, and where sand is transported in a vehicle, the driver must retain physical custody of the permit while the sand is in transit.

“A person who contravenes the provisions of this regulation commits an offence and shall, on conviction, be liable to the penalty provided under section 144 of the Act,” CS Duale stated.

The new regulations further demand that each sand dealer be registered in an association, community-based organisation, common object group or cooperative society.

According to Duale, no child should be permitted to engage in said harvesting or join sand harvesting associations, community-based organisations, or cooperative societies.

Further, no person will be allowed to harvest sand from any river, lake, ocean, farm or other land without a valid Environmental Impact Assessment (EIA) licence from NEMA.

A photo of a sand-acting process in a Kenyan river.

Photo

Gotech Construction