Occupational Safety and Health of Coal Mine Workers in Kenya: Filling the Lacuna in the Law

Abstract

Mining is essential in the economic development of any country endowed with mineral resources. In Kenya, for instance, one block of coal in the Mui Basin has enough coal to bring in KES. 3.4 trillion into the economy. However, disasters such as the Monongah disaster in a coal mine in the United States have resulted in the loss of lives of numerous workers. It is therefore important to ensure the enactment of legislation safeguarding these workers. This article seeks to assess the extent to which the Occupation Safety and Health Act safeguards these concerns in Kenya. It also undertakes a brief comparative study of the best practices employed in Australia and South Africa in safeguarding the safety and health of workers in coal mines. Finally, the article makes recommendations on how Kenya can follow suit and adopt various aspects of the legislations from these jurisdictions.