LegislationGazette notice

Gazette Notice No. 9273 of 2025

The Cabinet Secretary for Energy and Petroleum makes the Petroleum (Marine Refuelling) Regulations, 2025.

Official PDF · 3.0 MB

Whole issue, from Kenya Law. This notice starts on printed page 4222.

AI-extractedAgreement between models, not verified accuracy.

Items 31

Legislation notice 1
Link

Issuing authority
Cabinet Secretary for Energy and Petroleum (Makes the Regulations.)
Body
Energy and Petroleum Regulatory Authority (Defined as the Authority.), National Construction Authority (Defined as NCA; licenses contractors and accredits and certifies skilled construction workers and construction site supervisors.), County Government (Defined by reference to Article 176 of the Constitution.), Kenya Coast Guard Service (Defined as KCGS.), Kenya Bureau of Standards (Defined as KEBS.), Kenya Fisheries Service (Defined as KeFS.), Kenya Forest Service (Defined as KFS.), Kenya Maritime Authority (Defined as KMA.), Kenya Marine Fisheries Research Institute (Defined as KMFRI.), Kenya Ports Authority (Defined as KPA.), Council (Declares a specification or code of practice under the Standards Act.), Kenya Wildlife Service (Defined as KWS.), Ministry for the time being responsible for petroleum in Kenya (Defined as Ministry.), National Environment Management Authority (Defined as NEMA.)
Defined office
Cabinet Secretary responsible for Petroleum (Defined as Cabinet Secretary.)
Regulations title
THE PETROLEUM (MARINE REFUELLING) REGULATIONS, 2025
Citation
Petroleum (Marine Refueling) Regulations, 2025
Legislation notice 2
Link

Body
Energy and Petroleum Tribunal, Water Resources Authority, County Government (Provides approval for construction.), KMA (Provides relevant permits, licences or approvals for construction.), KPA (Provides relevant permits, licences or approvals for construction.), KeFS (Provides relevant permits, licences or approvals for construction.), KFS (Provides relevant permits, licences or approvals for construction.), KWS (Provides relevant permits, licences or approvals for construction.)
Licensing authority
Authority (Issues Construction Permits under the Petroleum Act.), NEMA (Issues the Environmental and Social Impact Assessment licence.)
Definition person
“Person” means any natural or juridical person;
Definition petroleum act
“Petroleum Act” means the Petroleum Act No. 2 of 2019;
Definition petroleum business
“Petroleum business” means a concern carrying out the sale or transport of petroleum;
Definition petroleum marine transportation business
"Petroleum Marine Transportation Business" means a concern to carry on the transportation of petroleum by marine vessel within Kenya’s inland and coastal waters for the purposes of supplying marine refuelling vessels or onshore marine refuelling facilities;
Definition petroleum marine transport vessel
“Petroleum Marine Transport Vessel” means a boat that transports petroleum within Kenya’s inland and coastal waters for the purposes of supplying marine refuelling vessels or onshore marine refuelling facilities;
Definition skipper
“Skipper” means a person who captains a marine refuelling vessel or a petroleum marine transport vessel;
Definition specifications
“Specifications” means a description of any commodity by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age or other characteristics, or to any substance or material of or with which, or the manner in which, any commodity may be manufactured, produced, processed, treated, tested or sampled;
Definition spill containment system
“Spill Containment System” is a set of structures and devices designed to prevent, control, and mitigate the spread petroleum products to minimise environmental contamination and safety risks.
Definition third parties
“Third parties” means other petroleum business licensees and their agents carrying out business with a licensee
Definition tribunal
“Tribunal” means the Energy and Petroleum Tribunal established under Section 25 of the Energy Act;
Definition wra
“WRA” or “Water Resources Authority” means The state corporation established under Section 11 of the Water Act (Cao. 372) with the mandate of regulating the management and use of water resources in Kenya.
Regulation 3
Unless otherwise stated, these Regulations shall apply to;
Regulation 3 a
the construction and licencing of petroleum marine facilities;
Regulation 3 b
the storage, trade, transportation, and dispensing of petroleum products to fuel Marine Vessels within Kenya’s inland and coastal waters;
Regulation 4
Except as otherwise provided, these Regulations shall not apply to –
Regulation 4 a
Petroleum contained in a marine vessel for consumption by the vessel’s engine;
Regulation 4 b
Petroleum transported in containers whose combined volume does not exceed five hundred (500) litres for consumption by the vessel’s engine;
Regulation 4 c
Marine petroleum tankers involved in the import and export of petroleum products;
Regulation 4 d
Ships as defined under the Merchant Shipping Act CAP 389; and
Regulation 4 e
Non civilian application;
Regulation 5 1
A person shall not undertake construction works or modification of an Onshore Marine Refuelling Facility, Marine Refuelling Vessel or Petroleum Marine Transport Vessel except in accordance with the terms and conditions of a valid Construction Permit issued by the Authority under the Petroleum Act;
Regulation 5 2
The Authority may direct a person to cease the construction of an Onshore Marine Refuelling Facility, Marine Refuelling Vessel or Petroleum Marine Transport Vessel where –
Regulation 5 2 a
the construction is being undertaken without a valid Construction Permit issued by the Authority;
Regulation 5 2 b
the construction is in breach of the terms and conditions set forth by the Authority; or
Regulation 5 2 c
the approval of the Construction Permit was based on false information or forged documents.
Regulation 5 3
A person who undertakes the construction of an Onshore Marine Refuelling Facility, Marine Refuelling Vessel or Petroleum Marine Transport Vessel without a valid Construction Permit issued by the Authority commits an offence and is liable on conviction to the fines and penalties set out in the Eighth Schedule.
Regulation 6 1
A person who wishes to construct an Onshore Marine Refuelling Facility, Marine Refuelling Vessel or Petroleum Marine Transport Vessel shall apply for a Construction Permit to the Authority in the prescribed manner.
Regulation 6 2
An application under sub-regulation (1) and as set out in Part I of the First Schedule, shall be accompanied by:-
Regulation 6 2 a
a copy of the detailed engineering designs and specifications prepared by a professional engineer or firm(s) registered as such;
Regulation 6 2 b
the engineering designs in sub-regulation (2)(a) shall, at the minimum, take into consideration the provisions of the relevant Kenya Standards for Onshore Marine Refuelling Facility, Marine Refuelling Vessel or Petroleum Marine Transport Vessel;
Regulation 6 2 c
a priced bill of quantities prepared by the respective class of Engineers;
Regulation 6 2 d
an outline of the methods of financing the project;
Regulation 6 2 e
proof of ownership of the land on which the Onshore Marine Refuelling Facility is to be built or ownership of the Marine Refuelling Vessel or Petroleum Marine Transport Vessel;
Regulation 6 2 f
for Onshore Marine Refuelling Facilities a letter of allotment from the relevant Authority in case the title deed is yet to be issued;
Regulation 6 2 g
for Onshore Marine Refuelling Facilities a duly registered lease for a minimum period of five (5) years shall be provided in case the title deed is not in the name of the entity undertaking the development;
Regulation 6 2 h
an approved Environmental and Social Impact Assessment licence issued by NEMA;
Regulation 6 2 i
an approval from the relevant County Government;
Regulation 6 2 j
relavant permits, licences or approvals as the case may be from KMA, KPA, WRA, KeFS, KFS and KWS authorizing the construction of either Onshore Marine Refuelling Facility, Marine Refuelling Vessel or Petroleum Marine Transport Vessel
Regulation 6 2 k
an environment liability policy; and
Regulation 6 2 l
any other document that may assist the Authority to make proper determination on the application.
Regulation 6 3
The application in sub-regulation (1) shall be accompanied by proof of payment of the prescribed fees set out in the Sixth Schedule.
Regulation 7 1
A Construction Permit for an Onshore Marine Refuelling Facility, Marine Refuelling Vessel or Petroleum Marine Transport Vessel shall be in the form set out in Part II (A) , Part II(B) and Part II(C) of the First Schedule.
Regulation 7 2
Where no construction works have commenced after issuance of a Construction Permit, the permit shall be valid for a period of twelve (12) months from the date of issue or until such date of extension as allowed by the Authority shall expire.
Regulation 7 3
Where construction works have commenced within the validity period of the permit, the Construction Permit shall be valid for a maximum period of thirty-six (36) months from the date of issue.
Regulation 7 4
The Construction Permit holder may make an application for extension of the validity period by providing documents as required by the Authority.
Legislation notice 3
Link

Licensing authority
Authority
Body
Tribunal (Hears appeals concerning site unsuitability.), National Construction Authority (Licenses contractors for their class of work.), Kenya Maritime Authority (Licenses contractors for their class of work.), Kenya Ports Authority (Licenses contractors for their class of work.), NEMA (Approves the Environmental Impacts Mitigation Plan.)
Regulation 7 5
(5) The extension of the validity period of a Construction Permit shall be to a maximum of –
Regulation 7 5 a
(a) six(6) months where construction works have not commenced; and
Regulation 7 5 b
(b) twenty-four (24) months where construction works have commenced.
Regulation 7 6
(6) A Construction Permit holder shall be required to make a fresh application where the Construction Permit cannot be extended further as provided for in sub-regulation (5).
Regulation 8 1
8. (1) The Authority shall determine an application for a Construction Permit within forty-five (45) days of receipt of such an application;
Regulation 8 2
(2) Provided that the application is materially complete, does not offend the provisions of any written law and meets the prescribed requirements, the Authority may grant a Construction Permit to the applicant;
Regulation 8 3
(3) The Authority may, prior to making a determination to grant a Construction Permit, take into consideration suitability of the site after due assessment;
Regulation 8 4
(4) The Construction Permit issued under sub-regulation (2) shall contain such terms and conditions that the Authority may deem fit based on the site location and scale of the project;
Regulation 8 5
(5) The Authority shall, prior to issuing the permit, notify the applicant of the nature of the terms and conditions proposed to be imposed in the construction permit;
Regulation 8 6
(6) The applicant shall within thirty (30) days of receiving a notification of the nature of the conditions proposed to be imposed, give a written undertaking to the Authority that as the permit holder, the applicant shall abide by the stipulated terms and conditions of the Construction Permit;
Regulation 8 7
(7) The undertaking in sub-regulation (6) shall be in the format prescribed in Part I , Part II and Part III of the Second Schedule;
Regulation 8 8
(8) The Authority shall only issue the Construction Permit once the applicant has executed the undertaking in sub-regulation (6) failing which any Construction Permit granted shall be null and void;
Regulation 8 9
(9) The Authority shall reject an application under these Regulations where the application does not meet the requirements for granting a Construction Permit;
Regulation 8 10
(10) The Authority shall notify the applicant of such rejection in sub- regulation (9), specifying the reasons thereof within seven (7) days of such rejection;
Regulation 8 11
(11) Where the rejection in sub-regulation (10) relates to –
Regulation 8 11 a
(a) incomplete information, the applicant may make a fresh application providing the requisite information or documents; and
Regulation 8 11 b
(b) the unsuitability of the site, the decision of the Authority shall be final and if the applicant is not satisfied with the Authority’s decision, they may appeal to the Tribunal;
Regulation 9 1
9. (1) In undertaking construction of an Onshore Marine Refuelling Facility, Marine Refuelling Vessel or Petroleum Marine Transport Vessel, the Construction Permit holder shall –
Regulation 9 1 a
(a) comply with the terms and conditions of the Construction Permit as stipulated by the Authority;
Regulation 9 1 b
(b) as applicable, engage only contractors who are licensed by the National Construction Authority (NCA), Kenya Maritime Authority (KMA) and the Kenya Ports Authority (KPA) for their class of work;
Regulation 9 1 c
(c) ensure that the construction project is supervised by a practising Professional Engineer;
Regulation 9 1 d
(d) comply with the Environmental Impacts Mitigation Plan approved by NEMA;
Regulation 9 1 e
(e) comply with Government policy on local content; and
Regulation 9 1 f
(f) comply with directions issued by the Authority from time to time;
Regulation 10 1
10. (1) The Construction Permit holder shall, notwithstanding anything contained in the permit, comply with the provisions of the Petroleum Act and all other written laws.
Regulation 11 1
11. (1) A person shall not sell or store petroleum products on either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel without a valid licence issued by the Authority under the Petroleum Act.
Regulation 11 2
(2) A person who undertakes the business of selling or storing of petroleum products on either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel without a valid licence commits an offence and shall on conviction be liable to the fines and penalties as set out in the Eighth Schedule.
Regulation 12 1
12. (1) A person wishing to apply for a Licence to operate an Onshore Marine Refuelling Facility or Marine Refuelling Vessel shall do so in the prescribed manner and the application shall be accompanied by the documents set out in the Part I of the Third Schedule.
Regulation 12 2
(2) The application in sub-regulation (1) shall also be accompanied by:
Regulation 12 2 a
(a) Proof of payment of the applicable fees as set out in the Sixth Schedule; and
Regulation 12 2 b
(b) An environment liability policy in the form set out in the Seventh Schedule.
Regulation 12 3
(3) The Authority may request for additional documents to enable satisfactory review of the licence application.
Regulation 12 4
(4) The Authority shall review an application for a Licence to operate an Onshore Marine Refuelling Facility or Marine Refuelling Vessel within thirty (30) days of receipt.
Regulation 12 5
(5) Provided that the application is materially complete, does not offend the provisions of any written law, and meets the prescribed requirements, the Authority may grant a Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel to the applicant.
Regulation 12 6
(6) The Authority shall reject an application under these Regulations where the application does not meet the requirements for granting a Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel.
Regulation 12 7
(7) Where the Authority rejects an application for the grant of a Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel, the Authority shall give the applicant reasons for the refusal in writing within seven (7) days of such rejection.
Regulation 13 1
13. (1) A Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel shall be in the form set out in Part I and Part II of the Fifth Schedule respectively.
Regulation 13 2
(2) A Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel shall be valid for the period of one year shall be subject to such conditions as the Authority may prescribe.
Regulation 13 3
(3) Notwithstanding sub-regulation (2), the Authority may at any time suspend or revoke a Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel if the licensee commits breach of the Petroleum Act, these Regulations or the conditions of the Licence.
Regulation 13 4 fragment
(4) Unless otherwise specified in the a Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel, the
Legislation notice 4
Link

Licensing authority
Authority
Body
KEBS (Ratification of International Standard), EPRA (Approval of prices)
Regulation 13 4 continued
Authority may give a licensee fourteen (14) days’ notice to show cause why the licence should not be suspended or revoked.
Regulation 13 5
The Authority shall determine the matter in sub-regulation (4) within thirty (30) days from the date of expiry of the notice period.
Regulation 13 6
The suspension or revocation of a Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel shall not indemnify the licensee from any penalties for which the licensee may have become liable under the Petroleum Act or any other written law.
Regulation 14 1
An application for renewal of a Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel shall be made to the Authority at least thirty (30) days before the expiry date.
Regulation 14 2
The application in sub-regulation (1) shall be accompanied by the documents set out in the Fourth Schedule and proof of payment of the prescribed fees as set out in the Sixth Schedule.
Regulation 14 3
Where an application for renewal is made thirty (30) days before expiry, and the Authority has not made a determination by the date of expiry, the Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel shall be deemed to be valid until a determination on the application for renewal is made.
Regulation 15 1
A person may make an application for amendment of a Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel.
Regulation 15 2
A licence may be amended where –
Regulation 15 2 a
the details captured are erroneous;
Regulation 15 2 b
there is a change in the licence details that were unforeseen at the time of making the application.
Regulation 15 3
The reason for amendment in sub-regulation (2) shall not include transfer of an Onshore Marine Refuelling Facility or Marine Refuelling Vessel business or change in control.
Regulation 15 4
An application under sub-regulation (1) shall be submitted in the prescribed manner as set out in Part IV of the Third Schedule
Regulation 15 5
An application for amendment shall be accompanied by the prescribed fees as set out in the Sixth Schedule.
Regulation 15 6
A Licence to operate either an Onshore Marine Refuelling Facility or Marine Refuelling Vessel amended under these Regulations shall retain the existing expiry date.
Regulation 15 7
A Licence to operate either Onshore Marine Refuelling Facility or Marine Refuelling Vessel amended under sub-regulation (6) shall contain the word “Amended”.
Regulation 16 1
A licensee authorized to operate an Onshore Marine Refuelling Facility or Marine Refuelling Vessel shall –
Regulation 16 1 a
sell petroleum products specified in the licence;
Regulation 16 1 b
purchase petroleum or petroleum products from a holder of a valid Petroleum Business Licence;
Regulation 16 1 c
purchase or sell petroleum that meets KS EAS 158, KS EAS 177, any other relevant Kenya Standard or International Standard ratified by KEBS;
Regulation 16 1 d
not offer for sale adulterated petroleum products or petroleum products meant for export;
Regulation 16 1 e
shall display EPRA approved prices and adhere to the pricing guidelines set by the Authority;
Regulation 16 1 f
ensure that the petroleum dispensing pumps are calibrated and provided with valid calibration certificates within the time period specified by law;
Regulation 16 1 g
not under-dispense or sell petroleum products at prices above those determined by the Authority;
Regulation 16 1 h
not hoard petroleum products;
Regulation 16 1 i
ensure that the construction or operations of either Onshore Marine Refuelling Facility or Marine Refuelling Vessel comply with all applicable laws;
Regulation 16 1 j
institute appropriate environmental, health and safety control measures;
Regulation 16 1 k
Obtain consent from the Authority prior to transferring or otherwise divesting any rights, powers or obligations conferred or imposed upon the licensee by the licence or permit;
Regulation 16 1 l
Inform the Authority or its agents in writing of any changes of address or any other material particulars submitted as part of the application for the licence within thirty (30) days of the relevant change taking effect; and
Regulation 16 1 m
ensure compliance with petroleum road tanker, jetty or berge, discharge procedures to maintain quality of product and safety on the Onshore Marine Refuelling Facility or Marine Refuelling Vessel
Regulation 16 2
A person who fails to meet the conditions in sub-regulation (1) commits an offence and shall be liable to penalties specified in the Eighth Schedule and, where such an offence is not specifically listed, the general penalty specified under the Petroleum Act.
Regulation 17 1
The Authority may at any time revoke or suspend a licence issued under the Petroleum Act and these Regulations if the licensee commits breach of the Petroleum Act, these Regulations, or the terms and conditions specified in the licence.
Regulation 17 2
Unless otherwise specified in the licence, the Authority may give the licensee fourteen days (14) days to show because why the licence should not be suspended or revoked setting out the specific breach.
Regulation 17 3
The Authority shall determine the matter in sub-regulation (2) within thirty (30) days from the expiry of the notice period.
Regulation 17 4
The Authority or its agent may reinstate a licence revoked or suspended under sub-regulation (1) if satisfied that the reasons for the revocation or suspension no longer exist.
Regulation 17 5
Any suspension or revocation of a licence shall not indemnify the licensee from any penalties for which the licensee may have become liable under the Petroleum Act or any other law.
Regulation 17 6
The Authority may publish a list of names of Onshore Marine Refuelling Facilities or Marine Refuelling Vessels which may have Designation and Location Requirements committed any offence under the Petroleum Act or of these Regulations.
Regulation 18 1
A licensee shall not transfer or otherwise divest any rights, powers, or obligations without the consent of the Authority as prescribed under Section 83 of the Petroleum Act.
Regulation 18 2
An application to transfer a licence shall be lodged in the form and manner prescribed by the Authority.
Regulation 19 1
Marine refuelling vessels shall—
Regulation 19 1 a
only be designated as such upon approval by the Authority;
Regulation 19 1 b
have its permanent location designated by a relevant State bodies;
Regulation 19 1 c
be exempted from (20) (1) (b) for the purposes of;
Regulation 19 1 c i
replenishment of petroleum stocks from a licenced fuel loading facility
Regulation 19 1 c ii
maintenance
Regulation 19 1 c iii
inspection and calibration
Regulation 19 1 c iv
mitigation against adverse events such as natural calamities or security threats
Regulation 19 1 c v
translocation authorized by the Authority
Regulation 19 1 d
maintain a minimum distance of 300 metres away from jetties, quay, pier jetty, wharf, dock, harbor, passenger embarkation areas, boat traffic routes, piers, and ecologically sensitive areas
Legislation notice 5
Link

Body
Authority (Approves designation of marine refuelling vessels and onshore marine refuelling facilities.), KEBS (Ratifies relevant standards for retail dispensing equipment.)
Legislation notice 6
Link

Licensing authority
Authority
Body
KMA (Operators designated, trained, and certified as required by KMA regulations.)
Environmental protection e
(e) conduct water quality tests for monitoring purposes on annual basis or post remediation as provided under Environmental Management and Coordination Act (Water Quality Regulation, 2024).
Safety 23 1
23. (1) Any person licenced to provide Marine Fueling Services shall comply with all provisions of the Occupational Safety and Health Act 2007 and any subsequent legislation. The licensee shall;
Safety 23 1 a
(a) establish, implement and maintain an Emergency Response Plan
Safety 23 1 b
(b) conduct safety drills at least annually
Safety 23 1 c
(c) comply with fire risk reductions rules
Safety 23 1 d
(d) maintain and replenish first aid kit
Safety 23 2
(2) provide visible and audible high level alarm for monitoring fuel levels in the fuel storage tanks on the Marine Refuelling Vessel or Onshore Marine Refuelling Facility
Safety 23 3
(3) The Marine Refuelling Vessels shall have suitably designed energy absorbing fenders system on the side
Safety 23 4
(4) Onshore Marine Refuelling Facilities or Marine Refuelling Vessels;
Safety 23 4 a
(a) shall be fitted with safety warning signages and placards indicating the risk levels, zoning and hazards as set out in the Ninth Schedule
Safety 23 4 b
(b) shall be of a unique colour as set out in the Ninth Schedule
Safety 23 4 c
(c) shall be fitted with strobe lights of colour and flashing pattern as set out in the Ninth Schedule
Safety 23 4 d
(d) Shall be equipped with a radio communication device as prescrided by the Merchant Shipping Radio Communications Regulations 2012 or any other subsidiary regulations
Safety 23 4 e
(e) The operators shall at all times adhere to the safety and weathers alerts from relevant State bodies.
Safety 23 5
(5) An attendant or supervisor shall be on-duty at all times when the vessel is offshore and be responsible for supervising, observing, or controlling the dispensing of petroleum products.
Safety 23 6
(6) The person in sub-regulation (5) shall:
Safety 23 6 a
(a) Be familiar with the dispensing system and emergency shutoff controls.
Safety 23 6 b
(b) Ensure the marine craft is properly moored and all connections are made.
Safety 23 6 c
(c) Prevent the filling of petroleum products into non- compliant portable containers.
Safety 23 6 d
(d) Be within 2 metres of the dispensing controls during the fuelling operation; and
Safety 23 6 e
(e) Maintain a direct, clear, unobstructed view of both the vessel fuel filler neck and the emergency fuel shutoff control.
Training 24
24. The boat owners shall designate, train, and certify operators as required by KMA regulations.
Licence requirement 25 1
25. (1) A person shall not carry out the business of transportation of petroleum by Marine Vessel except in accordance with a licence issued under the Petroleum Act and these Regulations.
Licence requirement 25 2
(2) A person who undertakes the business of transportation of petroleum by a Marine Vessel without a valid licence commits an offence and shall on conviction be liable to the fines and penalties as set out in the Eighth Schedule.
Application 26 1
26. (1) A person who intends to carry out the business of transportation of petroleum by a Marine Vessel shall make an application to the Authority for a licence in the prescribed manner.
Application 26 2
(2) The application in sub-regulation (1) shall be accompanied by the documents listed in the Part I of the Third Schedule..
Application 26 3
(3) The Authority may from time to time request for additional documents to those listed in the Part I of the Third Schedule..
Application 26 4
(4) The application in sub-Regulation (1) shall be accompanied by the fees set out in the Sixth Schedule.
Application 26 5
(5) The Authority shall review an application submitted under sub-regulation (1) within thirty (30) days of receipt.
Application 26 6
(6) Provided that the application is materially complete, does not offend the provisions of any written law and meets the prescribed requirements, the Authority, upon consideration of the application, may grant a Petroleum Marine Transportation Business Licence without conditions or subject to such conditions as the Authority may deem fit.
Application 26 7
(7) The Authority shall reject an application where such an application fails to meet the requirements for granting of a Petroleum Marine Transportation Business Licence.
Application 26 8
(8) Where the Authority rejects an application for a Petroleum Marine Transportation Business Licence, the Authority shall give the applicant reasons for the rejection in writing within seven (7) days of such rejection.
Environment liability 27
27. An application for a Petroleum Marine Transportation Business Licence shall be accompanied by an Environment Liability Policy in the format set out in the Seventh Schedule.
Licence form 28 1
28. (1) A Petroleum Marine Transportation Business Licence shall be in the format set out in the Part III of the Fifth Schedule.
Licence conditions 28 2
(2) The licence in sub-regulation (1) shall contain such conditions as may be determined by the Authority from time to time.
Licence duration 28 3
(3) A licence issued under these Regulations shall be valid for the period of one year
Renewal 29 1
29. (1) An application for renewal of a Petroleum Marine Transportation Business Licence shall be made to the Authority at least thirty (30) days prior to the expiry date.
Renewal 29 2
(2) An application for renewal in sub-regulation (1) shall be made in the prescribed format and shall be accompanied by the documents set out in the Fourth Schedule and proof of payment of the prescribed fees as set out in the Sixth Schedule.
Obligations 30 1
30. (1) In carrying out Petroleum Marine Transportation Business, a licensee shall —
Obligations 30 1 a
(a) transport petroleum products specified in the licence that meet the Kenya Standard;
Obligations 30 1 b
(b) ensure that the business complies with the requirements of the Petroleum Act and all other applicable laws;
Obligations 30 1 c
(c) transport petroleum for persons who hold valid Petroleum Business Licences issued under the Petroleum Act;
Obligations 30 1 d
(d) load petroleum from logistics facilities licensed under the Petroleum Act;
Obligations 30 1 e
(e) discharge petroleum only to licensed Marine Refuelling Vessels or Onshore Marine Refuelling Facilities, or to end-users for own consumption
Obligations 30 1 f
(f) ensure that all marine vessels used in the transportation of petroleum have valid Petroleum Marine Transport Vessel Permits issued by the Authority;
Obligations 30 1 g
(g) ensure that the marine vessels used in the transportation of petroleum are piloted by persons in possession of valid Skipper Certificates issued under this regulation;
Obligations 30 1 h
(h) ensure that there is an Emergency Response Plan that meets the criteria set by the Authority;
Legislation notice 7
Link

Body
Authority
Reg 30 1 i
(i) implement regular pre-loading Petrorelum Marine Transport Vessel inspection in accordance with a checklist approved by the Authority from time to time;
Reg 30 1 j
(j) ensure that the provisions of these Regulations and the conditions of the licence and Petrorelum Marine Transport Vessel permits are known to, and understood by all persons employed in or about the licensed premises or the petroleum marine vessels;
Reg 30 1 k
(k) ensure that unauthorized persons do not have access to the Petroleum Marine Transport Vessels.
Reg 30 1 l
(l) Ensure no passenger shall be allowed to board the Petroleum Marine Transport Vessels.
Reg 30 1 m
(m) Petroleum Marine Transport Vessels;
Reg 30 1 m i
(i) shall be fitted with safety warning signages and placards indicating the risk levels, zoning and hazards as prescribed by the Authority on the Ninth Schedule
Reg 30 1 m ii
(ii) shall be of a unique colour as prescribed by the Authority on the Ninth Schedule
Reg 30 1 m iii
(iii) shall be fitted with strobe lights of colour and flashing pattern as prescribed by the Authority on the Ninth Schedule
Reg 30 1 m iv
(iv) Shall be equipped with a radio communication device as prescrided by the Merchant Shipping Radio Communications Regulations 2012 or any other subsidiary regulations
Reg 30 1 m v
(v) the operators shall at all times adhere to the safety and weathers alerts from relevant State bodies.
Reg 30 1 m vi
(vi) Shall have signage , placards reflective tapes and chevrons mounted as prescribed by the Authority on the Ninth Schedule
Reg 30 2
(2) A petroleum marine transportation business licensee who fails to comply with the requirements listed in sub-regulation (1) commits an offence and shall on conviction be liable to the fines and penalties set out in the Eighth Schedule.
Reg 31 1
31. (1) A Petroleum Marine Transportation Business licensee shall ensure that a Journey Plan duly signed by the licensee or the authorized representative accompanies each petroleum delivery.
Reg 31 2
(2) The Journey Plan in sub-regulation (1) shall specify the:
Reg 31 2 a
(a) registration number of the marine vessel;
Reg 31 2 b
(b) date and time of travel;
Reg 31 2 c
(c) type of cargo on board;
Reg 31 2 d
(d) name and national identification card number of the skipper;
Reg 31 2 e
(e) name of the authorizing officer;
Reg 31 2 f
(f) route of travel, designated stopping and resting points;
Reg 31 2 g
(g) maximum allowed continuous piloting time by an individual skipper which shall not exceed four (4) hours;
Reg 31 2 h
(h) rest period after continuous piloting, which shall not be less than thirty (30) minutes;
Reg 31 2 i
(i) combined piloting hours including rest period(s) shall not exceed ten (10) hours in any twenty-four (24) hour period
Reg 32 1
32. (1) A person shall not use or cause to be used a Petroleum Marine Transport Vessel for transportation of petroleum on inland and coastal waters unless it is in possession of a valid Petroleum Marine Transport Vessel Permit issued under the Petroleum Act.
Reg 32 2
(2) A person who operates or causes to be used a petroleum marine vessel without a valid permit shall commit an offence and shall on conviction be liable to the fines and penalties set out in the Eighth Schedule.
Reg 33 1
33. (1) A person intending to use or cause to be used a Petroleum Marine Transport Vessel shall apply to the Authority for a permit in the prescribed manner accompanied by the documents listed in Part IV of the Fifth Schedule.
Reg 33 2
(2) The application in sub-regulation (1) shall be accompanied by the fees set out in the Sixth Schedule.
Reg 33 3
(3) The Authority shall review an application submitted under sub-regulation (1) within thirty (30) days of receipt.
Reg 33 4
(4) The Authority shall reject an application for a Petroleum Marine Transport Vessel Permit where such an application does not meet the requirements.
Reg 33 5
(5) Where the Authority rejects an application for a Petroleum Marine Tranport Vessel Permit, the Authority shall give the applicant reasons for the rejection in writing within seven (7) days of such rejection.
Reg 34 1
34. (1) A person applying for a Petroleum Marine Transport Vessel Permit shall be guided by the requirements set out in Part II of the Third Schedule
Reg 34 2
(2) A Petroleum Marine Transport Vessel Permit shall be in the format set out in Part IV of the Fifth Schedule
Reg 34 3
(3) The permit in sub-regulation (1) shall be valid for the period specified in the permit.
Reg 35 1
35. (1) An application for renewal of a permit shall be made to the Authority at least thirty (30) days prior to the expiry date.
Reg 35 2
(2) An application for renewal in sub-regulation (1) shall be in the prescribed manner and shall be accompanied by the documents set out in Part II of the Third Schedule.
Reg 35 3
(3) The application in sub-regulation (1) shall be accompanied by proof of payment of the fees as set out in the Sixth Schedule.
Reg 36 1
36. (1) A licensed Petroleum Marine Transport Vessel shall be equipped with a properly functioning vessel tracking device with a Global Positioning System (GPS) capable of generating reports of distance, location and speed.
Reg 36 2
(2) The reports in sub-regulation (1) shall be availed to the Authority whenever required.
Reg 36 3
(3) Evidence of installation of the tracking system in sub-regulation (1) shall be provided as part of the requirements for licence application as specified in the Part II of the Third Schedule.
Reg 37 1
37. (1) A person shall not cause a Petroleum Marine Transport Vessel to be berthed or anchored in an area other than a designated dock or wharf.
Reg 37 2
(2) Where a Petroleum Marine Transportation Business licensee has developed an exclusive dock or wharf for their Petroleum Marine Transport Vessel(s), the licensee shall ensure that it is constructed in a manner such as to minimize impacts on safety, health and the environment.
Reg 37 3
(3) No person shall cause a Petroleum Marine Transport Vessel to be docked within one hundred (100) metres from a residential area.
Reg 38 1
38. (1) A dock or wharf for Petroleum Marine Transport Vessels shall:
Reg 38 1 a
(a) only be designated as such upon approval by the Authority;
Reg 38 1 b
(b) have its location designated by a relevant State bodies or County Governments;
Reg 38 1 c
(c) be located at a minimum distance of;
Reg 38 1 c i
(i) 500 metres away from jetties, quay, pier jetty, wharf, dock, harbor, passenger embarkation areas, boat traffic routes, piers, and
Legislation notice 8
Link

Body
Authority, Ministry of Energy and Petroleum
Court
Tribunal (Appeals against the Authority's decisions)
Issuing authority
Cabinet Secretary Ministry of Energy and Petroleum
Document issuer
Registrar of companies (CR12)
Regulation 48 1
A Construction Permit or a Marine Refuelling Business Licence, or a certified copy thereof, shall be displayed in a conspicuous position at the premises in respect of which it is issued.
Regulation 48 2
All the Licences, Permits and Certificates issued under the Petroleum Act and this Regulation:
Regulation 48 2 a
remain the property of the Authority;
Regulation 48 2 b
may be suspended, revoked or amended by the Authority at any time in accordance with the Petroleum Act;
Regulation 48 2 c
shall not be tampered with or defaced in any manner; and
Regulation 48 2 d
shall not be transferred without the written consent of the Authority.
Regulation 48 3
A person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the fines and penalties as set out in the Eighth Schedule.
Regulation 49 1
A Marine Refuelling Business or Petroleum Marine Transportation Business licensee shall notify the Authority within Forty Eight (48) hours of occurrence of an accident or incident as set out in the Tenth Schedule. The threshold of reportable accidents or incidences includes those ones causing:-
Regulation 49 1 a
loss of life or permanent disability;
Regulation 49 1 b
damage to property or the environment
Regulation 49 1 c
an oil-spill of 100 litres or more or an accidental gas release of 100 kilograms or more in quantity; or
Regulation 49 1 d
a fire or an explosion resulting in (a) or (b) above.
Regulation 49 2
The information to be submitted to the Authority shall be as set out in the Tenth Schedule.
Regulation 49 3
A person licensed to undertake Marine Refuelling Business or Petroleum Marine Transportation Business who fails to comply with this Regulation commits an offence and shall be liable on conviction to the fines and penalties as set out in the Eighth Schedule.
Regulation 50 1
A person licensed to undertake Marine Refuelling Business or Petroleum Marine Transportation Business shall investigate any accident or incident reported under Regulation 49 within Fourteen (14) days or any such extended period as approved by the Authority from the date of the incident and submit a report containing the:
Regulation 50 1 a
cause of the accident;
Regulation 50 1 b
all effects of the accident; and
Regulation 50 1 c
proposed remedial measures and timelines thereof.
Regulation 50 2
The Authority shall review the report under sub-regulation (1) within thirty (30) days and shall either:
Regulation 50 2 a
accept the report; or
Regulation 50 2 b
request for adjustment; or
Regulation 50 2 c
reject the report giving reasons and other directives.
Regulation 50 3
Notwithstanding sub-regulations (1) and (2), the Authority may undertake its own investigation.
Regulation 50 4
Where required, the Marine Refuelling Business or Petroleum Marine Transportation Business owner or operator whose facility was involved in the accident or incident shall grant access to the Authority to undertake investigations.
Regulation 51
The Authority may enter and inspect any Marine Refuelling Facility or Petroleum Marine Transportation vessel or any premises where Marine Refuelling Business or Petroleum Marine Transportation Business is conducted or suspected to be conducted for purposes of inspections pursuant to the provisions of the Petroleum Act or Regulations made thereunder.
Regulation 52 1
No person shall obstruct, hinder, withhold information or provide false information as may be requested by the Authority provided that such information is requested.
Regulation 52 2
A person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the fines and penalties prescribed in the Eighth Schedule.
Regulation 53 1
A person has the right to appeal against the decision of the Authority where the Authority:
Regulation 53 1 a
refuses to grant or renew a licence, permit or certificate or revokes a licence, permit or certificate; or
Regulation 53 1 b
imposes conditions on a licence, permit or certificate; or
Regulation 53 1 c
refuses to replace or amend a licence, permit or certificate; or
Regulation 53 1 d
suspends or revokes a license, permit or certificate.
Regulation 53 2
A person aggrieved by the reasons in sub-regulation (1), may appeal to the Tribunal within thirty (30) days of receipt of the Authority's decision.
Regulation 54
A person who commits an offence under these regulations for which no express penalty is provided shall on conviction be liable to the penalties prescribed under Section 99 of the Petroleum Act.
Regulation 55 1
All existing licensees shall be required to comply with these Regulations within the periods, from the date of these Regulations coming into force, as listed below;
Regulation 55 1 a
in the case of Marine Refuelling Facilities:
Regulation 55 1 a i
comply with these within twenty four (24) months from the date of coming into force of these Regulations;
Regulation 55 1 b
in the case of Petroleum Marine Transport Vessel:
Regulation 55 1 b i
comply with these within twenty four (24) months from the date of coming into force of these Regulations;
Regulation 55 1 c
in the case of Petroleum Marine Transport Vessel Skippers:
Regulation 55 1 c i
comply with these within twenty four (24) months from the date of coming into force of these Regulations;
Regulation 55 1 d
in the case of Marine Refuelling Operations:
Regulation 55 1 d i
comply with these within twenty four (24) months from the date of coming into force of these Regulations;
Regulation 56
Where no exclusion has been made as listed in sub-regulation (1), the requirements of these Regulations shall be effective immediately from the date of coming into force of these Regulations.
Printed date line
Dated .................................................................. 2025
Legislation notice 9
Link

Body
County Government (Development permission), County Physical Planning Office (Development permission), Kenya Maritime Authority (Approval to construct, whichever is applicable), Kenya Ports Authority (Approval to construct, whichever is applicable), Water Resources Authority (Approval to construct, whichever is applicable), Engineers Board of Kenya (Practicing Certificates), NEMA (Environmental Impact Assessment license), Energy & Petroleum Regulatory Authority (Construction permit forms)
Licensing authority
Director General Energy & Petroleum Regulatory Authority (Signature office in construction permit forms)
Legislation notice 10
Link

Body
Energy and Petroleum Regulatory Authority (Approves the standard written undertaking forms and receives applicants' written undertakings.)
Issuing authority
Director General Energy & Petroleum Regulatory Authority (Office printed on the continuing construction permit form.)
Permit conditions
1. As per Section 76(1) and (2) of the Petroleum Act
Undertaking period
within thirty (30) days of receiving notification of grant of a Construction Permit
Undertaking requirement
Regulation 9(6) of the Petroleum (Marine Refuelling) Regulations 2025, made under the authority of the Petroleum Act 2019 requires an applicant for a Construction Permit to make a written undertaking to the Energy and Petroleum Regulatory Authority (EPRA).
Undertaking
The person who intends to construct or have a petroleum retail station constructed warrants to abide by the terms and conditions stipulated in the Construction Permit issued by EPRA.
False information penalty
A person who furnishes false information in any permit application under the Petroleum Act No. 2 of 2019 or in any statement required to be furnished under the Act, or pursuant to the Petroleum (Marine Refuelling) Regulations 2025, is on conviction, liable to such fines and penalties as prescribed by the Authority.
Legislation notice 11
Link

Registry
Registrar of companies (Provides CR12.)
Body
County Government (Certifies allotment letters and provides business permits and fire certificates.), Kenya Revenue Authority (Provides the applicant's Tax Compliance Certificate.), Directorate of Occupational Safety and Health Services (Registers facilities as work places and approves doctors certifying applicants' fitness.), Department of Weights and Measures (Provides certificates of calibration of petroleum dispensing units’ meters.), Kenya Maritime Authority (Provides vessel inspection certificates and the specified competency or operator licences.), Technical and Vocational Education and Training Authority (Approves institutions providing basic training on petroleum safety.), National Industrial Training Authority (Approves institutions providing basic training on petroleum safety.)
Licensing authority
NEMA (Provides the facility's Environmental Impact Assessment licence.)
Schedule
THIRD SCHEDULE
Legislation notice 12
Link

Registry
Registrar of companies (CR12 for licence amendment and renewal)
Body
Kenya Bureau of Standards (Ratification of international standards for tank inspection), Kenya Revenue Authority (Tax Compliance Certificate), County Government (Single Business Permit, land allotment certification and Fire Clearance Certificate), NEMA (Acknowledgement of annual Environmental Audit report submission), Directorate of Occupational Safety and Health Services (Registration of the facility as a work place), Department of Weights and Measures (Calibration of petroleum dispensing units’ meters), Energy & Petroleum Regulatory Authority (Business licence form)
Office
Director General Energy & Petroleum Regulatory Authority (Signature office printed in the onshore marine refuelling facility business licence form)
Legislation notice 13
Link

Body
Energy & Petroleum Regulatory Authority, KMA (Named in the skipper certificate field “KMA Coc/BOL/PL No”.)
Office
Director General Energy & Petroleum Regulatory Authority (Printed signature office in the business licence forms.), Director-General/CEO (Printed signature office in the petroleum marine transport vessel permit form.)
Skipper certificate authorization
This Certificate authorizes the Hotel to plot a Petroleum Marine Transport Vessel
Legislation notice 14
Link

Environment policy statement
(NAME OF COMPANY) is committed to the protection and preservation of the environment. We will continuously improve our performance and initiate additional projects and activities that will further reduce our impacts to the environment.
Environment policy scope
Our commitment to the environment extends to our customers, our staff and the community from where we operate.
Environmental commitment
Complying with all applicable environmental preservation and sustainability legislation;
Environmental commitment
Preventing pollution whenever possible through efficient waste management strategies that promote waste minimization, re-use, recovery, recycling, as appropriate;
Environmental commitment
Promoting and continually investing in technologies that provide alternatives to business travel and transport;
Environmental commitment
Adopting a procurement programme which takes into account the environmental impact of products and services;
Environmental commitment
Promoting the protection and enhancement of biodiversity and ecosystems through employee awareness programs and stakeholder engagement;
Environmental commitment
Ensuring our staff are aware of the environmental impacts of their work activities and encouraging them through regular awareness and training to minimize those impacts;
Environmental commitment
Communicating our environmental commitment and efforts to our customers, staff and the community; and
Environmental commitment
Pursuing a programme of continuous improvement by reviewing our Environmental Management System and related objectives and targets, policies and practices.
Environmental commitment
Reporting to the relevant State bodies, accidents or incidents causing pollution of the environment, investigating the accidents/incidents and undertaking clean up or restoration of the affected areas.
Policy review
This policy will be reviewed on a regular basis to evaluate continued relevance and to monitor compliance.
Legislation notice 15
Link

Form title
ACCIDENT REPORTING FORM
Form field
1. Name of Licensee:
Form field
2. Facility Registration No.:
Form field
3. Accident Location:
Form subfield
1. County
Form subfield
2. Sub-County
Form subfield
3. Location
Form subfield
4. GPS Coordinates
Form subfield
5. Village
Form field
4. Time and Date of the Accident:
Form field
5. Date Reported to Licensee:
Form field
6. Date Reported to the Authority:
Form field
7. Cause of Accident:
Form field
8. Accident Impact:
Form field
9. Police Reference and Reported Date(as applicable):
Form field
10. Reported By:
Form subfield
a. Name:
Form subfield
b. Postal address:
Form subfield
c. Email Address:
Form subfield
d. Telephone:
Supporting documents
Supporting Documents: (As applicable including scene photos)
Legislation notice 16
Link

Issuing authority
Cabinet Secretary
Body
Ministry, Authority, County Government
Regulation 6 2
(2) A notice to relevant stakeholders concerning consultation on a strategic plan shall— (a) set out a summary of the strategic plan in sufficient detail to enable stakeholders to engage effectively in the consultation. (b) explain how stakeholders may access the details of strategic plan. (c) invite written comments on or objections to the strategic plan. (d) specify the person or body to which the comments are to be submitted and any required format for submissions; and (e) specify a date by which the comments are required to be received in order to be considered in the consultation, which shall allow a reasonable time period for the submission of comments after publication of the notice.
Regulation 6 3
(3) In the course of any stakeholder consultation required under these Regulations, the Cabinet Secretary shall make arrangements for the public to obtain copies, at a reasonable cost, of relevant documents relating to the strategic plan which are in the possession of the Cabinet Secretary.
Regulation 6 4
(4) The Cabinet Secretary shall ensure that comments or objections, received through the consultation process, are properly documented and considered.
Regulation 7
7. (1) The strategic plan shall contain such information as the Cabinet Secretary may consider appropriate which may include the following— (a) any initiatives designed to achieve the objectives and priorities identified in the national petroleum policy on operations; (b) The budgetary requirements for the implementation of the strategic plan; (c) an elaboration of the state institutions and parties with responsibility for implementing elements of the strategic plan; (d) implementation matrix of the strategic plan; (e) elaboration of any potential challenges to implementing the actions and consider any possible strategies to mitigate the effects of those challenges; (f) Monitoring and evaluation criteria of the strategic plan.
Regulation 8
8. The Cabinet Secretary shall: a. publish the final strategic plan on the Ministry’s Website; and, b. Inform the public through the website of the Ministry, any electronic media or in at least two newspapers of national circulation of the publication of the document and how the document may be accessed.
Regulation 9
9. (1) The Cabinet Secretary shall within three (3) months after the end of each financial year, prepare and publish on the Ministry’s website a report on the implementation of the strategic plan. (2) The report on the implementation of the petroleum strategic plan shall provide sufficient information to assess the progress and effectiveness of actions undertaken with respect to each element of the strategic plan.
Part heading
PART 4 – LICENSING
Regulation 10
10. (1) The Cabinet Secretary may, from time to time, initiate a licensing exercise for the allocation of petroleum rights, through issuance of a non-exclusive exploration permit or entering into a petroleum agreement where the Cabinet Secretary is satisfied that— (a) there are open areas or blocks that are suitable for licensing; (b) licensing the areas or blocks shall be in accordance with the Act and any applicable national petroleum policy and strategy; or, (c) any other preliminary assessment the Cabinet Secretary may require has been carried out and any other results of such assessment(s) have been sufficiently considered.
Subheading
Non-exclusive exploration permits
Regulation 11
11. (1) An application for a non-exclusive exploration permit under regulations 15, 16 or 17 shall be made by a juridical person by completing and submitting the application form in the First Schedule to the Authority for issuance of a permit in accordance with the Act and these Regulations. (2) The information provided with the form shall be sufficiently detailed to enable a proper consideration of— (a) the purpose of the application; (b) the identity of the applicant; (c) the proposed area; (d) the proposed work plan; (e) potential environment, social and economic impacts, including proposed mitigations in respect of the proposed non-exclusive exploration activity. (f) the technical capacity of the applicant; (g) the financial capacity of the applicant; (h) the legal capacity of the applicant; (i) the financial capacity of the applicant; (j) detailed information on the technology to be applied; and, (k) any proposed commercial arrangements with respect to the use and marketing of data obtained under the non-exclusive exploration permit. (3) All applications shall be accompanied by the requisite fee as specified in Eighth Schedule. (4) The Authority shall, in evaluating other criteria in an application under sub-regulation 1, satisfy itself that an applicant possesses the technical, financial, legal and professional capacity to undertake the petroleum operations in the proposed area.
Regulation 12
12. (1) A non-exclusive exploration permit issued under these Regulations shall be issued by the Authority in the form provided under the Second Schedule and shall— (a) Identify with reasonable precision the geographical area to which the permit applies; (b) state the permitted activities for data collection; (c) allow data collection activities for a specified duration not longer than three (3) years; and, (d) state any other such restrictions and conditions as the Authority may deem fit. (2) The Authority shall inform the County Government affected by the non-exclusive exploration activities of the nature and status of such non-exclusive exploration activities.
Regulation 13
13. (1) Prior to issuing a non-exclusive exploration permit, the Authority and an applicant shall enter into an agreement governing aspects of permitted activities and the use of data generated by those activities, the duration of which may extend beyond the period of the permit’s validity, and on any other matter the Authority may require to be included. (2) A summary of the terms and conditions of the agreement may be attached to the permit with such exclusions as may be deemed necessary to preserve the confidentiality of commercially sensitive material. (3) In the event of a conflict arising from the interpretation or application between the provisions of a non-exclusive exploration permit and the accompanying agreement, the provisions the accompanying agreement shall take precedence.
Regulation 14 1
14. (1) A non-exclusive exploration permit or any accompanying agreement shall prescribe the terms governing the following aspects as applicable—
Legislation notice 17
Link

Body
Authority, Government, Ministry
Office
Cabinet Secretary
Recommending body
Advisory Committee
Regulation 17 12
(12) In the event that negotiations with a successful applicant are not concluded within thirty (30) days from the date of the notice of intention to award, the Authority may within fourteen (14) days invite the next highest ranked applicant on the relevant area to enter into negotiations for the award of the non-exclusive exploration permit.
Regulation 17 13
(13) Upon the successful conclusion of negotiations, the parties shall execute the finalised agreement and the Authority shall formally issue the non-exclusive exploration permit in accordance with the law.
Regulation 17 14
(14) The Authority shall publish in its website the details of all awards of a non-exclusive exploration permit including details of the identities of the permit-holders, the permit areas, the duration of the permit, the activities permitted and any further details as the Authority may deem fit.
Regulation 18 1
18. (1) A non-exclusive exploration permit holder shall comply with the provisions of the Petroleum (Upstream Petroleum Operations) Regulations in conducting petroleum operations
Regulation 19 1
19. (1) The permit holder may apply in writing to the Authority for an extension of the duration of the non-exclusive exploration permit no later than ninety (90) days prior to the expiry of the non-exclusive exploration permit. Any extension period granted by the Authority shall not exceed a cumulative period of fifty percent (50%) of the initial duration of the permit.
Regulation 19 2
(2) The permit holder’s application shall—
Regulation 19 2 a
(a) Outline its performance of its obligations up until the date of expiry of the non-exclusive exploration permit;
Regulation 19 2 b
(b) State its justifications for requiring an extension to complete the work plan;
Regulation 19 2 c
(c) Outline any further work it may propose to add to the work plan, if applicable; and,
Regulation 19 2 d
(d) Provide an acceptable performance security for the intended extension period.
Regulation 19 3
(3) The Authority shall, if satisfied that the permit holder has performed the obligations under the non-exclusive exploration permit grant the extension subject to any conditions that it may deem appropriate.
Regulation 20 1
20. (1) Where the permit holder has breached any of the obligations under the permit, the Authority may suspend or revoke a non-exclusive exploration permit in accordance with section 81 of the Act.
Regulation 20 2
(2) A suspension or revocation of a permit shall not abdicate the permit holder from complying with any other order or direction issued by the Authority in accordance with the Act or these Regulations
Regulation 21 1
21. (1) The Cabinet Secretary may award rights through a petroleum agreement to an applicant if the Cabinet Secretary is satisfied the applicant is sufficiently qualified to undertake the proposed activities under a petroleum agreement as provided for in the Act.
Regulation 21 2
(2) Prior to any licensing, the Cabinet Secretary shall assess the financial, technical, and legal capacity of applicants to perform activities under the petroleum agreement.
Regulation 21 3
(3) The Cabinet Secretary shall require applicants to submit detailed and relevant information to enable a proper assessment of the applicants’ suitability to conduct petroleum operations. Information required shall include the information outlined in Fifth Schedule covering an applicant’s—
Regulation 21 3 a
(a) legal and administrative capacity;
Regulation 21 3 b
(b) financial capacity; and
Regulation 21 3 c
(c) technical capacity.
Regulation 21 4
(4) Applicants shall provide accurate and up-to-date information. Any applicant shall immediately inform the Cabinet Secretary of any material changes affecting its capacity that occur during the licensing process or the duration of any petroleum agreement.
Regulation 22 1
22. (1) Where the Cabinet Secretary has decided to initiate a bidding round for purposes of entering into a petroleum agreement, the Advisory Committee shall advise the Cabinet Secretary in accordance with section 13 of the Act on relevant matters with respect to the bidding round including —
Regulation 22 1 a
(a) the strategic and policy objectives of the bidding round which may include—
Regulation 22 1 a i
(i) providing further understanding of Kenya’s petroleum resources;
Regulation 22 1 a ii
(ii) the responsiveness of the applicant to the policy objective of the bid round;
Regulation 22 1 a iii
(iii) the proposed work program on any minimum requirements to set out to the invitation to bid or tender documents;
Regulation 22 1 a iv
(iv) the proposal for the initial participating interest and additional participating interests to be held by the Government;
Regulation 22 1 a v
(v) promotion and marketing of open acreage and petroleum potential;
Regulation 22 1 a vi
(vi) promoting security of oil and gas supply;
Regulation 22 1 a unnumbered
providing opportunities for development of local content; and
Regulation 22 1 a vii
(vii) any other objectives as the Cabinet Secretary may consider appropriate.
Regulation 22 1 b
(b) key parameters of the bidding round including—
Regulation 22 1 b i
(i) the areas to be made available for licensing;
Regulation 22 1 b ii
(ii) fiscal terms that reflect value for Kenya and the objectives of the bidding round;
Regulation 22 1 b iii
(iii) pre-qualification criteria and procedures;
Regulation 22 1 b iv
(iv) bid evaluation criteria; and
Regulation 22 1 b v
(v) model terms and conditions to apply to petroleum agreements.
Regulation 22 1 c
(c) key administrative aspects of the bidding round including—
Regulation 22 1 c i
(i) bid submission procedures;
Regulation 22 1 c ii
(ii) bidding round schedule for the receipt and consideration of bids;
Regulation 22 1 c iii
(iii) details of required submissions;
Regulation 22 1 c iv
(iv) details of any financial security required;
Regulation 22 1 c v
(v) the establishment of committees to assist the Cabinet Secretary in the tender process; and
Regulation 22 1 d
(d) any other relevant matter.
Regulation 23
23. Subject to Regulation 22, the Cabinet Secretary shall commence the bidding round through pre-qualification and —
Regulation 23 a
(a) issue a notice on the Ministry’s website, two (2) newspapers of wide national circulation and any other electronic media inviting interested applicants to apply for prequalification and outlining the following information—
Regulation 23 a i
(i) an overview of the proposed bidding round schedule and offered areas;
Regulation 23 a ii
(ii) the qualification criteria;
Regulation 23 a iii
(iii) the mode of application for prequalification including the submission timeframe, location and fees; and,
Regulation 23 a iv
(iv) any other information that the Cabinet Secretary deems necessary.
Regulation 23 b
(b) assess the applications received to develop a list of prequalified applicants;
Regulation 23 c
(c) inform any applicants who do not meet the requirements for prequalification; and,
Legislation notice 18
Link

Office
Cabinet Secretary
Body
Ministry, bid opening committee, evaluation committee
Court
Energy and Petroleum Tribunal
Recommending body
Advisory Committee
Provision 23 d
(d) invite successfully prequalified applicants to participate in the bidding round.
Provision 24 1
24. (1) Following the pre-qualification process, the Cabinet Secretary shall issue the bidding round documentation to all pre-qualified applicants.
Provision 24 2
(2) The bidding round documentation shall contain sufficient information to enable applicants to participate in the bidding and may include, , the categories of information outlined in Sixth Schedule 6 including—
Provision 24 2 a
(a) an overview of the proposed bidding round schedule and offered areas;
Provision 24 2 b
(b) qualification criteria and required submissions;
Provision 24 2 c
(c) the availability and conditions of access to relevant geological or geophysical data;
Provision 24 2 d
(d) bid security conditions;
Provision 24 2 e
(e) bid evaluation criteria;
Provision 24 2 f
(f) the applicable fiscal terms that that bidders should quote;
Provision 24 2 g
(g) local content;
Provision 24 2 h
(h) the terms and conditions for the preparation and submission of bids;
Provision 24 2 i
(i) the application fees applicable to the bidding round;
Provision 24 2 j
(j) the model terms and conditions for petroleum agreements; and
Provision 24 2 k
(k) any other categories deemed necessary or desirable.
Provision 25 1
25. (1) The Cabinet Secretary shall appoint a bid opening committee which shall, following the closing of submissions for the bidding round, open received bids and record the names, addresses and other necessary details.
Provision 25 2
(2) Representatives of the bidders may attend the tender opening and a register of attendees will be kept.
Provision 26 1
26. (1) The Cabinet Secretary shall appoint an evaluation committee which shall, following the opening of bids, evaluate each bid in the following sequential stages;
Provision 26 1 a
(a) confirmation of the eligibility of the bidding entity as pre-qualified;
Provision 26 1 b
(b) confirmation that the bid complies with all administrative conditions and is accompanied by evidence of the required security;
Provision 26 1 c
(c) assessment and ranking of the bids on the basis of technical, financial and legal capacity in accordance with the established bidding criteria.
Provision 26 2
(2) During the evaluation, the Cabinet Secretary may openly request any further information or clarification from all of the applicants as is deemed necessary to evaluate the bids.
Provision 26 3
(3) The Cabinet Secretary shall ensure that all bids are properly ranked according to the established bidding criteria for the bidding round and shall determine the successful bidder for each available block.
Provision 26 4
(4) Upon conclusion of the evaluation, the committee shall prepare a detailed evaluation report which shall include appropriate recommendations to the Cabinet Secretary.
Provision 26 5
(5) In the event that there are two (2) or more indistinguishable bids received on the same block such that there is no clear successful bidder, the Cabinet Secretary may invite the relevant bidders to submit an enhanced bid in order to determine the successful bidder.
Provision 27 1
27.(1) Upon considering the evaluation report, the Cabinet Secretary shall—
Provision 27 1 a
(a) inform all bidders through a notice of intention to award of the identity of any bidder selected to commence negotiation for the award of a petroleum agreement;
Provision 27 1 b
(b) publish the results of the bid evaluation on the Ministry’s website, or two (2) newspapers of wide national circulation and any other electronic media; or,
Provision 27 1 c
(c) take any other appropriate action in accordance with these Regulations and the Act.
Provision 27 2
(2) Where an unsuccessful bidder considers there are grounds to appeal the results of the bid evaluation, the unsuccessful bidder may appeal to the Energy and Petroleum Tribunal within fourteen (14) days of receiving the notice of the intention to award.
Provision 28 1
28.(1) The petroleum agreement shall be negotiated and finalised in good faith on the basis of submitted bids and, the model contractual terms and conditions.
Provision 28 2
(2) In the event that negotiations with a selected bidder are not concluded within thirty (30) days from the date of the notice of intention to award, the Cabinet Secretary may within fourteen (14) days invite the next highest ranked bidder on the relevant block to enter into negotiation for the award of a petroleum agreement.
Provision 28 3
(3) Upon the successful conclusion of negotiations, the Cabinet Secretary shall execute the finalised agreement in accordance with the Act and publish the details of the successful bidders on the Ministry’s website or a two (2) newspaper of national circulation and any other electronic media.
Section heading
Direct Negotiations
Provision 29 1
29. (1) The Cabinet Secretary may initiate direct negotiations in respect of a petroleum agreement on the recommendations of the Advisory Committee, in accordance with section 18 of the Act and these Regulations.
Provision 29 2
(2) The Cabinet Secretary upon receipt of applications for direct negotiations, shall confirm that applicants meet the appropriate financial, technical, legal, and administrative capacity requirements to be awarded a petroleum agreement prior to initiating the notice required under this Regulation.
Provision 29 3
(3) Upon confirmation that the applicants in sub regulation (2) meet the requirements, the Cabinet Secretary shall submit the applications to the Advisory Committee for consideration.
Provision 29 4
(4) The Cabinet Secretary may, upon the recommendation of the Advisory Committee make a determination as to whether there are sufficient grounds to justify engaging in direct negotiations for a petroleum agreement with an applicant as provided for in the Act.
Provision 29 5
(5) Upon determination to engage in direct negotiations with an applicant, Cabinet Secretary shall publish a public notice in the Ministry website or any two (2) newspapers of national circulation and any other electronic media following the form in Fourth Schedule—
Provision 29 5 a
(a) providing the details of the applicant with whom the Cabinet Secretary intends to enter into direct negotiations;
Provision 29 5 b
(b) inviting any objections that a person may have with respect to the intended negotiations within fourteen (14) days of publication;
Provision 29 5 c
(c) inviting any party who may have a competing interest in the area under consideration to or register an interest with respect to that area within fourteen (14) days of the publication of the notice.
Provision 29 6
(6) Where one or more additional parties register a credible interest in the block under consideration, the Cabinet Secretary shall conduct the licensing exercise by means of a competitive bidding round in accordance with the Act and these Regulations.
Provision 29 7
(7) If, upon the end of the notice period, the Cabinet Secretary is satisfied that—
Provision 29 7 c
(c) no reasonably justified additional competing interest in the block has been registered within the required notice period; and,
Provision 29 7 d
(d) no reasonably justified objection has been registered within the required notice period,
Provision 29 7 conclusion
then the Cabinet Secretary shall commence direct negotiations with the applicant interested in the block with the advice of the Advisory Committee.
Provision 30 1
30. (1) Where the Cabinet Secretary is advised to enter into direct negotiations with an applicant for the award of a petroleum agreement, the Advisory Committee shall recommend to the
Legislation notice 19
Link

Issuing authority
Cabinet Secretary
Recommending body
Advisory Committee
Body
Authority, Ministry
Regulation 30 continuation
Cabinet Secretary an appropriate criteria for the negotiation of the petroleum agreement. (2) The Cabinet Secretary, shall— (a) establish suitable objectives for the negotiation that include but are not limited to the following— (i) achieving work commitments and timeframes that achieve the objectives of the negotiation; (ii) achieving acceptable fiscal criteria that reflect value for Kenyans; (iii) ensuring acceptable technical, financial, legal and administrative capability to safeguard Kenya’s interests; and (iv) ensuring acceptable safety and environmental arrangements considering the risks associated with petroleum operations under the petroleum agreement. (b) establish the information required from an applicant applying to enter into direct negotiations that comply with the information outlined in Fifth Schedule , including payment of an application fee; and (3) The Advisory Committee shall review the outcome of the concluded negotiations and make recommendations to the Cabinet Secretary. (4) Upon the execution of the petroleum agreement, the Cabinet Secretary shall publish details of the contractor on the Ministry’s website and the Kenya Gazette.
Regulation 31
31. (1) Proceedings relating to a competitive licensing process, competitive bidding or direct negotiations process with respect to a non-exclusive exploration permit or a petroleum agreement shall terminate- (a) Where the process concludes with the issuance of a non-exclusive exploration permit and execution of the accompanying agreement with respect to such permit or the execution of a petroleum agreement in accordance with these Regulations; (b) Where the Cabinet Secretary or the Authority, as the case may be, on the advice of a committee or the Advisory Committee so declares; (c) Upon the occurrence of any event or condition that results in termination as may be expressly provided for in the bid documentation; Provided that the Cabinet Secretary or the Authority, as the case may be, shall notify any participating applicant, bidder or entity of the termination of such proceedings and the notification shall be published in the Ministry’s website and Kenya Gazette. (2) The Cabinet Secretary or the Authority, as the case may be, shall discharge any bid security that is still in place on the date of the notification in sub-regulation (1).
Regulation 32
32. (1) A contractor shall provide and maintain a security for the performance of the contractor’s minimum work and expenditure obligations. (2) Any performance security under sub-regulation (1) shall be- (a) be agreed in the petroleum agreement; . (b) drawn in favour of the Cabinet Secretary for a specified amount; (c) include terms providing for the immediate and unconditional release or payment of the secured amount; (d) in the form of a local bank guarantee, parent company bank guarantee, or a combination thereof; and, (e) valid throughout the duration of each phase of the exploration period. (3) The contractor shall submit the performance security to the Cabinet Secretary, within ninety (90) days after execution of the petroleum agreement but before the commencement of the initial exploration period. (4) The Cabinet Secretary shall, in writing, either confirm that the performance security is acceptable or provide justifications for rejecting the security within fourteen (14) days of receiving the proposed performance security. (5) The contactor may, no later than sixty (60) days prior to the commencement of a subsequent exploration phase, request the Cabinet Secretary to exchange the security or otherwise alter the terms of the security to reduce the secured amount in proportion to the obligations already performed by the contractor and confirmed by the Authority as having been dully performed. (6) The contractor shall submit supporting documents that confirm the extent of the obligations already performed under the petroleum agreement.
Regulation 33
33. (1) Where a contractor has informed the Cabinet Secretary of a discovery that extends into more than one contract area within Kenya, the Cabinet Secretary shall confer with the Authority to enable the Authority to make a decision as to whether to require joint development of the discovery between the affected contractors in accordance with a unitization agreement. The Authority shall inform the affected contractors of its decision within ninety (90) days. (2) Within ninety (90) days of receiving a decision requiring contractor(s) to proceed with the joint development of a discovery in accordance with regulation 31, the affected contractor(s) shall negotiate and submit to the Authority a pre-unitization agreement covering— (a) the proposed initial interests of the contractor(s); (b) allocation of responsibility for the preparation of draft work programmes and budgets; (c) the procedures for review and approval of any pre-unitization operations; and (d) the procedures for negotiation of the unitization agreement. (3) Following the submission of the pre-unitization agreement, the contractor(s) shall expeditiously negotiate a unitization agreement with a view to maximizing the economic recovery of petroleum from the reservoir(s). (4) The unitization agreement shall include the following matters— (a) a process to prepare and submit a joint development plan for the reservoir(s) to the Authority; (b) procedures for evaluating reserves and their distribution in the joint development area; (c) principles for apportionment of produced petroleum from the reservoir(s) to each contractor; (d) designation of an operator; (e) procedures governing the frequency and methods for re-evaluating the parties’ respective interests during the development including procedures for the resolution of any technical or other disputes; and (f) any other terms the Authority may require. (5) The contractor(s) shall submit the unitization agreement and any other related documents affecting joint operations between the contractor(s) to the Authority for approval within 24 months. (6) If the contractors propose to redetermine their interests in the joint development or to amend a unitization agreement or any other document affecting joint operations, the details of such redetermination or amendment shall be submitted to the Authority for prior approval. (7) Where a discovery extends beyond the contractor’s license area into an unlicensed area within Kenya, the Authority shall deliberate as to the most effective and beneficial way to ensure the additional area is licensed to enable efficient development of the discovery.
Legislation notice 20
Link

Issuing authority
Cabinet Secretary
Recommending body
Advisory Committee
Body
Authority, Kenya Revenue Authority (Assesses taxes payable with respect to a transfer.)
Regulation 33 8
(8) Where a discovery extends beyond the contractor’s license area into a neighbouring country’s territory, the Cabinet Secretary shall, following the advice of the Advisory Committee, expeditiously initiate steps, to reach an agreement between Kenya and the neighbouring country establishing a legal framework for development of the discovery.
Regulation 34 1
34. (1) The parties to a unitization agreement shall submit a joint development plan to the Authority for the reservoir(s) within eighteen (18) months from the approval of the unitization agreement, or such longer time as the Authority may approve.
Regulation 34 2
(2) The joint development plan shall conform to the requirements of the Act relating to field development plans.
Regulation 34 3
(3) The Contractors shall propose an allocation criterion for costs in the joint development plan.
Regulation 34 4
(4) Where a joint development plan is not submitted within the time limit established, the Authority may contract an independent third-party expert to prepare the joint development plan, in accordance with best petroleum industry practices and at the expense of the contractors.
Regulation 34 5
(5) The relevant Contractors shall be jointly and severally liable for the costs incurred under sub-regulation (4).
Regulation 34 6
(6) Where the contractor(s) fail to cooperate with the independent third-party expert in the preparation of the joint development and production plan or where the contractors fail to agree to jointly implement the joint development and production plan in sub-regulation (4), the provisions of section 36 (7) of the Act shall apply..
Regulation 35 1
35. (1) An application for approval of an assignment pursuant to section 26 of the Act shall be submitted to the Cabinet Secretary by the Contractor using the form provided in Seventh Schedule.
Regulation 35 2
(2) The contractor and proposed transferee shall provide to the Cabinet Secretary—
Regulation 35 2 a
(a) a report on the status of work carried out under the petroleum agreement against the approved work programme;
Regulation 35 2 b
(b) copies of all relevant documentation relating to the proposed transfer including copies of all agreements;
Regulation 35 2 c
(c) all documentation necessary to establish the prospective transferee’s technical, financial, legal and administrative capacity to hold petroleum rights in Kenya and to perform contractors obligations under a petroleum agreement; and
Regulation 35 2 d
(d) any such other information as the Cabinet Secretary may request to enable a fully informed decision on the proposed transfer.
Regulation 35 3
(3) Once the Cabinet Secretary receives the transfer of interest, the Cabinet Secretary shall seek advice from Authority.
Regulation 35 4
(4) Upon receipt of recommendation from the Authority, the Cabinet Secretary shall refer the application and recommendation to the Advisory Committee within fourteen (14) days to assess suitability of transferee and the acceptability of the proposed transfer; and
Regulation 35 5
(5) The Cabinet Secretary may grant permission for a proposed transfer if he is satisfied that—
Regulation 35 5 a
(a) the contractor is not in default of any obligation under the petroleum agreement, the Act and any other relevant Kenyan law;
Regulation 35 5 b
(b) the prospective transferee has provided sufficient financial security for the execution of obligations under the petroleum agreement;
Regulation 35 5 c
(c) the proposed transferee possesses technical, financial, legal and administrative capacity to hold petroleum rights in Kenya and to perform contractor’s obligations under a petroleum agreement
Regulation 35 5 d
(d) there is no reason to believe that the transfer of that interest shall be against Kenyan public interest or safety as provided under the Kenyan law;
Regulation 35 5 e
(e) the Kenya Revenue Authority has assessed the taxes payable with respect to the transfer; and
Regulation 35 5 f
(f) the Authority has had sufficient opportunity to examine the proposed transfer and make recommendations.
Regulation 35 6
(6) The contractor and the proposed transferee shall ensure the continuity of effective insurance arrangements to cover the risks of operations under the petroleum agreement as required by the Act and the applicable contract.
Regulation 35 7
(7) The Cabinet Secretary shall require an assignee to provide a performance security in accordance with Regulation 32 for the performance of the obligations of the contractor as a condition precedent of the approval of any transfer.
Regulation 35 8
(8) The Cabinet Secretary shall issue a written decision to approve or reject the transfer.
Regulation 35 9
(9) Where the Cabinet Secretary rejects the recommendations of the Authority under this section, the Cabinet Secretary shall provide his reasons for the rejection in writing to the Authority, within fourteen (14) days.
Regulation 36 1
36. (1) A petroleum agreement shall specify the procedure for termination of the petroleum agreement including criteria that entitle the parties to terminate the agreement.
Regulation 36 2
(2) Where the Authority has reached a determination that there are sufficient grounds to justify the suspension or termination of a petroleum agreement under the terms of that petroleum agreement or the Act, it shall notify the Advisory Committee of this decision, outlining its reasoning and providing any relevant information supporting its view along with any relevant additional evidence.
Regulation 36 3
(3) Upon receiving a notification from the Authority under sub-regulation (1), the Advisory Committee shall promptly consider the information provided by the Authority and make appropriate recommendations to the Cabinet Secretary.
Regulation 36 4
(4) Upon receiving the advice of the Advisory Committee under sub-regulation (3), the Cabinet Secretary shall promptly consider the information provided by the Advisory Committee.
Regulation 36 5
(5) If the Cabinet Secretary deems it necessary, he may conduct any additional inquiries necessary to determine whether to proceed with a formal notice to suspend or terminate the contractor as provided in the Act or in the petroleum agreement.
Regulation 37 1
37. (1) If the Cabinet Secretary determines that there are sufficient grounds to justify the suspension or termination of a petroleum agreement, he may issue a formal notice to the contractor in accordance with the Act or the petroleum agreement.
Regulation 37 2
(2) The notice shall stipulate—
Regulation 37 2 a
(a) the grounds for termination;
Regulation 37 2 b
(b) any information supporting the Cabinet Secretary’s decision to issue the notice; and
Regulation 37 2 c
(c) if applicable under the petroleum agreement—
Regulation 37 2 c i
(i) any actions required to remedy the circumstances forming grounds for termination; and
Regulation 37 2 c ii
(ii) the date by which such actions must occur to allow the Cabinet Secretary to withdraw the notice.
Regulation 38 1
38. (1) If, after serving a formal suspension or termination notice to the contractor, the Cabinet Secretary is satisfied that the contractor has undertaken remedial action within the prescribed notice period, the Cabinet Secretary will formally withdraw such notice.
Regulation 38 2
(2) The Cabinet Secretary shall notify the Advisory Committee of its decision on the withdrawal of a notice of suspension or termination.
Regulation 39
39. Where a notice of suspension has been issued and the Cabinet Secretary is not satisfied that the circumstances that warranted commencing suspension procedures have been adequately remedied so as to justify withdrawing the notice within the time period stipulated in the notice of suspension, the Cabinet Secretary may commence the process to terminate the petroleum agreement in accordance to the Act and these Regulations.
Legislation notice 21
Link

Issuing authority
Cabinet Secretary
Body
Authority, National Government (Recipient of the signature bonus.), Ministry (Receives surface fees and administers funds for upstream petroleum operations.), National Assembly (May appropriate monies out of the Consolidated Fund.)
Accounting officer
accounting officer of the Ministry (Collects and administers signature bonus, surface fees, and other prescribed fees.)
Fund
Consolidated Fund (Source of monies appropriated by the National Assembly.)
Regulation 40
40. Where a notice of termination has been issued and the Cabinet Secretary is not satisfied that the circumstances that warranted commencing termination procedures have been adequately remedied so as to justify withdrawing the notice within the time period stipulated in the notice of termination, the Cabinet Secretary may terminate the petroleum agreement in accordance to the Act and these Regulations. The Cabinet Secretary shall formally notify the contractor that he has terminated the petroleum agreement.
Regulation 41
41. (1) Where a petroleum agreement or non-exclusive exploration permit terminates or otherwise expires— (a) the transfer of ownership or responsibility for the contract area and facilities to any party or the decommissioning of and rehabilitation of the contract area or permit area and facilities shall proceed as contemplated under the petroleum agreement or non-exclusive exploration permit and the Act; (b) the contractor or permit holder shall, within thirty (30) days of the date of termination, deliver to the Cabinet Secretary and the Authority, in the required format: — (i) all records including financial statements, contracts with respect to the petroleum agreement or non-exclusive exploration permit and activities executed or planned under the petroleum agreement or non-exclusive exploration permit; (ii) all plans or maps of the contract area or permit area which were prepared by or on the instructions of the contractor or permit holder; (iii) all technical data, diagrams, models, profiles, and charts which were prepared by the contractor or permit holder in relation to activities executed or planned under the petroleum agreement or non-exclusive exploration permit; and (iv) other documents and information as the Cabinet Secretary or Authority may require. (2) A contractor or permit holder shall ensure that, upon termination of a petroleum agreement or non-exclusive exploration permit and before cessation of production, all wells and facilities are left in a state of good repair to the satisfaction of the Authority and in accordance with the Law. (3) Notwithstanding the termination or expiry of a petroleum agreement or non-exclusive exploration permit, a contractor or permit holder shall not be relieved of environmental liability. (4) The liability of a contractor in respect to decommissioning shall survive the petroleum agreement in accordance with the Law.
Regulation 42
42. (1) The Cabinet Secretary and the Authority shall publish in their respective websites a summary of the applicable procedures for the allocation of petroleum rights as provided for in the Act and other Laws on information access. (2) The Cabinet Secretary shall, from time to time, publish the details of how citizens may access information required to be stored under these Regulations in accordance with the prevailing national government policy concerning publication of upstream licensing and operations.
Regulation 43
43. (1) The Cabinet Secretary shall maintain a register of up-to-date information on upstream petroleum operations and related activities in secure formats as provided for in the transparency and accountability framework established in accordance with section 119 of the Act and any other information as the Cabinet Secretary may require, including— (a) identifying information on the applicable petroleum agreement and its location; (b) identifying information on the corporate entities (including the beneficial owners of such entities and their representatives) or individuals holding or applying for petroleum agreement; (c) relevant dates of operations, submissions and any significant event in relation to the award of the petroleum agreement; and (d) any information on assignment of petroleum rights, transfer, extensions, termination or any other significant dealing or event related to the petroleum agreement.
Regulation 44
44. (1) A contractor shall pay a signature bonus prior to the award of a petroleum agreement, (2) The Cabinet Secretary shall; i. Specify the amount of the signature bonus to be paid in sub-regulation (1) or ii. Allow for competitive bidding of the amount of signature bonus in sub-regulation (1) (3) A contractor shall pay the bonus to the National Government.
Regulation 45
45. (1) The contractor shall pay an annual surface fee for the contract area calculated per square kilometre for the acreage held under a petroleum agreement at the beginning of each contract year. (2) The surface fees specified in sub regulation (1) above shall apply during exploration, development and production phases. (3) The contractor shall pay the amount calculated in sub regulation (1) to the Ministry. (4) The contractor shall submit to the Authority evidence of payments under the Act and these Regulations.
Regulation 46
46. (1) The accounting officer of the Ministry shall collect and administer signature bonus, surface fees, and other fees as may be prescribed under the petroleum agreement. (2) The accounting officer shall open a bank account with a reputable local bank which is solely dedicated to the fees. (3) The fees shall be deposited by the contractor in the account specified in sub regulation (2). (4) All funds under sub regulation (3) shall be utilised by the Ministry to promote upstream petroleum operations except for training. (5) Before funds may be withdrawn the accounting officer shall sufficiently document the following— a) the purpose and relevance of the activity. b) the anticipated costs for the activity. c) any necessary incidental expenses related to the proposed activity. (6) The accounting officer shall cause to be maintained accurate books of accounts and other records in relation to the fund of all activities and undertakings financed from the fund. (7) No later than three (3) months after the end of each financial year, the accounting officer shall prepare and sign statement of accounts for the fees relating to that financial year in accordance with the relevant laws.
Regulation 47
47. (1) The training fund established under subsection 52(2) of the Ac t may comprise— (a) such training fees prescribed under petroleum agreements; (b) such monies as may be appropriated by the National Assembly out of the Consolidated Fund; (c) any grants, gifts, donations or bequests; (d) any interest earned on the moneys in the fund; (e) any authorized reallocations into the fund; (f) such monies as may be allocated for that purpose from investments, fees or levies imposed or administered by the Cabinet Secretary or the Authority for training and development; and, (2) monies accruing to or received by the Cabinet Secretary or the Authority from any other source and set aside for training.
Legislation notice 22
Link

Body
Ministry (Administration, management and operations of the training fund are vested in the Ministry.), Authority, Upstream Petroleum Training Fund Committee (Supports the administration, management, and operations of the training fund.)
Office
Cabinet Secretary (Approves estimates and proposed training activities.), accounting officer of the Ministry (The accounting officer or a person designated by him in writing shall be the administrator of the training fund.), person in charge of human resources management at the Ministry (The officeholder or an authorized representative shall be the secretary of the Training Fund Committee.), person in charge of petroleum at the Ministry (The officeholder or an authorized representative is included in the Training Fund Committee.), person in charge of upstream petroleum at the Authority (The officeholder or an authorized representative is included in the Training Fund Committee.), person in charge of accounts in the Ministry (Jointly operates the bank account with at least two committee members, with the express authority of the Training Fund Committee.)
Regulation 48
48. The training fund shall be used to finance the training of Kenyans and the development of institutional academic capacity in upstream petroleum operations and related programmes through-
Regulation 48 a
(a) Any level of academic training;
Regulation 48 b
(b) Local and international programmes;
Regulation 48 c
(c) Tailor-made and existing programmes;
Regulation 48 d
(d) Developing institutional frameworks and programmes;
Regulation 48 e
(e) Supporting initiatives for institutional capacity improvement; and,
Regulation 48 f
(f) Any other means that support the objective of the training fund.
Regulation 49
49. The fund shall be managed, administered, and operated in accordance with the national values and principles of governance, principles of public finance and values and principles of public service.
Regulation 50 1
50. (1) The administration, management and operations of the training fund is vested in the Ministry.
Regulation 50 2
(2) The accounting officer of the Ministry or a person designated by him in writing shall be the administrator of the training fund.
Regulation 50 3
(3) There is established the Upstream Petroleum Training Fund Committee which shall support the administration, management, and operations of the training fund.
Regulation 50 4
(4) The Training Fund Committee shall comprise-
Regulation 50 4 a
(a) the administrator of the fund or an authorized representative who shall be the chairperson;
Regulation 50 4 b
(b) the person in charge of human resources management at the Ministry or an authorized representative who shall be the secretary;
Regulation 50 4 c
(c) the person in charge of petroleum at the Ministry or an authorized representative;
Regulation 50 4 d
(d) the person in charge of upstream petroleum at the Authority or an authorized representative;
Regulation 50 4 e
(e) three (3) employees in the department responsible for upstream petroleum in the Ministry who shall be appointed by the accounting officer in a manner to reflect diversity in seniority, expertise, gender;
Regulation 50 5
(5) The administrator may, on recommendation of the training fund committee, co-opt not more than three (3) persons who are knowledgeable in the matters prescribed for under these Regulations or any other relevant matter. The co-opted persons shall serve for specific purpose and time.
Regulation 50 6
(6) The Training Fund Committee established under sub-regulation (3) shall be responsible for-
Regulation 50 6 a
(a) developing the Training Fund Manual;
Regulation 50 6 b
(b) developing the annual training work plan and budget;
Regulation 50 6 c
(c) preparing annual reports;
Regulation 50 6 d
(d) developing procedures and criteria for beneficiaries, programmes, initiatives fund allocation;
Regulation 50 6 e
(e) overseeing the utilization of the fund;
Regulation 50 7
(7) The Training Fund Committee shall prepare procedures or other instruments to govern its proceedings.
Regulation 51 1
51. (1) The training fund manual under the Ninth Schedule shall govern the operations of the fund and shall at the minimum provide for-
Regulation 51 1 a
(a) procedures for and considering making applications for funding;
Regulation 51 1 b
(b) criteria for the identification of beneficiaries, programmes and initiatives;
Regulation 51 1 c
(c) criteria for allocation of funds;
Regulation 51 1 d
(d) responsibilities and obligations of the Training Fund Committee, administrator, secretary and beneficiaries;
Regulation 51 1 e
(e) dispute resolution;
Regulation 51 1 f
(f) a framework for monitoring and evaluation;
Regulation 51 1 g
(g) standard documents to be used;
Regulation 51 2
(2) The training fund committee shall review the training fund manual from time to time.
Regulation 52 1
52. (1) On the recommendation of the Training Fund Committee, the administrator shall maintain a bank account with a reputable local bank to collect and administer moneys of the fund.
Regulation 52 2
(2) The bank account shall not be used for any other purposes than as provided for in these Regulations.
Regulation 52 3
(3) The bank account shall be jointly operated with the express authority of the Training Fund Committee by at least two (2) of its members and the person in charge of accounts in the Ministry.
Regulation 52 4
(4) Training Fund Committee shall authorize the closure of any bank account of the fund.
Regulation 53 1
53. (1) At least three months before the commencement of each financial year, the Training Fund Committee shall prepare estimates of all income and expenditure required for the purposes of these Regulations for the following year and shall present such estimates to the Cabinet Secretary for approval.
Regulation 53 2
(2) Training Fund Committee may prepare supplementary estimates and shall present such estimates to the Cabinet Secretary for approval.
Regulation 53 3
(3) No funds of the training fund shall be reallocated to any other programmes or votes of other budgets.
Regulation 54 1
54. (1) At least three months before the commencement of each financial year, the Training Fund Committee shall submit a plan for the specific proposed training activities during the following year to the Cabinet Secretary for approval.
Regulation 54 2
(2) The annual training plan shall outline—
Regulation 54 2 a
(a) the total expected available funds for the relevant year;
Regulation 54 2 b
(b) the proposed training needs and programs for Kenyans for the relevant year;
Regulation 54 2 c
(c) the proposed institutional development initiatives of academic institutions for the relevant year;
Regulation 54 2 d
(d) the purpose and relevance of any proposed training programs or institutional development initiatives;
Regulation 54 2 e
(e) the proposed recipients of the training or development initiatives;
Regulation 54 2 f
(f) the anticipated costs for the proposed training or institutional development initiatives;
Regulation 54 2 g
(g) the providers of the proposed training or institutional development initiatives;
Regulation 54 2 h
(h) the proposed dates and duration for the training or institutional development initiatives;
Regulation 54 2 i
(i) any necessary incidental expenses related to the proposed activities; and,
Regulation 54 2 j
(j) any other relevant information.
Regulation 55 1
55. (1) Any Kenyan national or academic institution desiring to undertake a programme or initiative for which the training fund is established may make an application to the Ministry as may be prescribed by the manual or Training Fund Committee and shall provide the complete, relevant and accurate information to support an application in a timely manner.
Regulation 55 2
(2) A person who is a recipient of funds from the fund shall abide by these Regulations and any other applicable requirements as may be prescribed in writing.
Regulation 55 3
(3) A person who is a recipient of the fund shall be held liable for the loss or misuse of such funds and shall indemnify the fund thereof.
Establishment 23
Link

Body
Upstream Petroleum Training Fund Committee (There is established the Upstream Petroleum Training Fund Committee which shall support the administration, management, and operations of the training fund.), Ministry
Provision
50. (3)
Legislation notice 24
Link

Body
Training Fund Committee, Authority
Issuing authority
Cabinet Secretary
Regulation 56 1
The administrator shall maintain a database containing all expertise, skills, knowledge acquired to the country’s upstream petroleum knowledge base.
Regulation 56 2
The administrator shall maintain a register of all beneficiaries of the fund in sufficient detail.
Regulation 57 1
The administrator shall cause to be kept accurate books of accounts and other books and records in relation to the Fund of all receipts, activities and undertakings financed from the Fund.
Regulation 57 2
Financial records shall be maintained in manual and electronic form.
Regulation 57 3
The administrator shall develop mechanisms to ensure that financial records are safeguarded, accurate, reliable and free from fraud.
Regulation 57 4
Any alteration or deletion of any financial record or data whether electronic or manual must be authorised and approved in writing by the administrator on the recommendation of the Training Fund Committee.
Regulation 57 5
All Journal entries and vouchers shall be supported by sufficient explanations, authorizations, and documentation to facilitate the accounting adjustments.
Regulation 57 6
All receipts and payment vouchers shall be properly supported by the appropriate authorization and documentation.
Regulation 57 7
All receipts and payment vouchers shall be, or made out, in indelible ink and shall contain adequate narration of the particulars of the services, goods or works procured and being paid for.
Regulation 57 8
The administrator shall ensure that proper control systems exist for safe keeping of assets.
Regulation 57 9
The administrator shall put in place proper processes and procedures, both electronic and manual, for the effective, efficient, economical, and transparent use of the Fund's assets.
Regulation 57 10
No later than three (3) months after the end of each financial year, the administrator shall prepare, sign and a statement of accounts for the training fund relating to that financial year in accordance with the relevant laws.
Regulation 58
A person who contravenes provision of these Regulations for which no specific penalty is provided for, the provisions of section 124 of the Act shall apply.
Regulation 59
The Cabinet Secretary in consultation with the Authority may issue any further guidelines, processes, instructions, forms, or templates to contractors as may be considered necessary, practical, or prudent for the effective operationalization of these Regulations.
Regulation 60
A contractor or any person requiring access to land or an interest in land for upstream petroleum operations shall comply with the provisions of the Act, applicable laws and guidelines as may be issued by Cabinet Secretary and the Authority.
Regulation 61 3
The administrator of the fund shall cause to be transitioned into the fund established under these Regulations, any monies, books of accounts and other records of the fund established under the Petroleum (Exploration and Production) (Training Fund) Regulations, 2006 (L.N. 132/2006).
Regulation 62
Notwithstanding regulation 61, anything done under the provisions of the Petroleum (Exploration and Production) Regulations, 1984 (L.N. 193/1984) and the Petroleum (Exploration and Production) (Training Fund) Regulations, 2006 (L.N. 132/2006) before the commencement of these Regulations shall be deemed to have been done under the provisions of these Regulations, provided that it is consistent with these Regulations.
Regulation 63
These Regulations shall come into force on the date of their publication in the Kenya Gazette.
Schedule introduction
Information to accompany non-exclusive exploration permit application under these Regulations—
Parent company information
Provide information on ownership structure the group and parent company up to the ultimate controlling entities (include all details as outlined above)
Permit area instruction
Include a map of the proposed permit area(s).
Legislation notice 25
Link

Action
repeal
Regulation 61 1
Subject to regulation 62, the Petroleum (Exploration and Production) Regulations, 1984 (L.N. 193/1984) are repealed.
Legislation notice 26
Link

Action
repeal
Regulation 61 2
Subject to regulation 54 and sub-regulation (3), the Petroleum (Exploration and Production) (Training Fund) Regulations, 2006 (L.N. 132/2006) are repealed.
Legislation notice 27
Link

Body
NEMA (Named in the application form's NEMA licence field.)
Continued objectives list
… (Add rows if necessary)
Technical understanding
Technical understanding of the area(s)
Geology information
A summary of the geology of the permit area.
Previous exploration information
Results of any known previous prospecting and exploration work in relation to the permit area
Petroleum system information
Play or plays to be addressed in the permit and a description of the critical risks associated with them that demonstrates the applicant’s understanding of the petroleum system.
Technical understanding rows
(Add rows if necessary)
Activities objectives
Outline the objectives of the proposed activities
Minimum work programme
Provide a statement of the proposed minimum work programme that—
Programme objectives and cost
states its objectives and estimated cost;
Programme rationale and deliverables
identifies the technical rationale, milestones, and deliverables of the programme; and
Programme technology
details of the technology to be applied in the execution of the work programme.
Equipment information
Outline the equipment type and specifications to be used by the applicant:
Equipment rows
(add rows if necessary)
Financial documentation
Attach appropriate supporting documentation
Funding details
DETAILS OF FUNDING FOR PROPOSED WORK PROGRAMME
Funding rows
(Add rows if necessary)
Impact information
(Describe anticipated potential impacts and relevant mitigation measures)
Commercial terms
DETAILS OF PROPOSED COMMERCIAL TERMS (COMMERCIAL APPLICANTS ONLY)
Legislation notice 28
Link

Template negotiating authority
Cabinet Secretary (Named in the Fourth Schedule template.)
Commercial terms continuation
(e.g., proposed revenue share arrangements or other commercial proposal) (Add rows if necessary)
Permit template grant
Pursuant to the conditions set out in Section 23 of the Petroleum Act, 2019 (“the Act”) , the Petroleum (Upstream Petroleum Management and Administration) Regulations, 2024 and in this Non-Exclusive Permit, the Authority hereby grant to _________________, a corporation duly organised and existing under the laws of _______ and registered at ________, (“permit-holder”) this Non-Exclusive Exploration Permit.
Permit template right
This Non-Exclusive Exploration Permit allows the permit-holder a non-exclusive right to conduct the activities with respect to the non-exclusive exploration area described in the attached Agreement.
Permit template conditions
The permit-holder shall conduct activities in accordance with the provisions of the Act, any relevant regulations, any conditions attached to the permit and the terms and conditions of any Agreement, which forms an integral part of this Permit.
Permit template term
This Non-Exclusive Exploration Permit commences from __________for a term of [___________] years [subject to renewal]
Permit template execution
Dated this ___________ day of__________, 20__ Signed____________ Name ____________ Designation __________
Agreement template introduction
A non-exclusive exploration permit under these Regulations shall include the following terms and conditions:
Third schedule concluding condition
If the Authority deems that no or insufficient additional interest in the block or area has been demonstrated within the required time period, the Authority will commence the proposed direct negotiations with the applicant.
Legislation notice 29
Link

Issuing authority
Cabinet Secretary (The direct negotiations template provides for the Cabinet Secretary to commence negotiations and direct application information requirements.)
Recommending body
Advisory Committee (Advises the Cabinet Secretary on commencing the proposed direct negotiations.)
Body
Government (Named in the application requirement for proposed production sharing percentages.), Licensing Authority (An overview of the Licensing Authority is required in the bid guidance document.)
Direct negotiations template continuation
[INSERT CONTACT DETAILS] If the Cabinet Secretary deems that no or insufficient additional interest in the block has been demonstrated within the required time period, the Cabinet Secretary with advice of the Advisory Committee will commence the proposed direct negotiations with the applicant.
Legislation notice 30
Link

Body
Government (Production sharing percentages between the Contractor and the Government)
Legislation notice 31
Link

Office
Administrator
Body
Upstream Training Fund Committee

Schedule 468 rows

Rows 1 to 200 of 468.

Provision	Text
	such as mangroves, animal breeding sites, and protected areas, as designated by the relevant State bodies or agencies;
(e)	maintain a minimum distance of 75 metres from the shore and at least 75 metres apart from each other; and
(f)	with respect to (20) (1) (e) for inland waterways with a width of less than 150m, the minimum distance from the shore shall be half the width of the waterways at the point of location;
(g)	The marine refuelling boats operator shall at all times ensure that the vessel is well anchored so as to prevent straying away.
(2)	Onshore Marine refuelling facilities shall—
(a)	only be designated as such upon approval by the Authority;
(b)	maintain a minimum distance of 300 metres away from jetties, quay, pier jetty, wharf, dock, harbor, passenger embarkation areas, boat traffic routes, piers, and ecologically sensitive areas such as mangroves, animal breeding sites, and protected areas, as designated by the relevant State bodies or agencies;
(c)	maintain a minimum distance of 150 metres apart from each other or any marine refuelling vessel;
(d)	with respect to (20) (2) (c) for enclosed inland waterways with a shoreline of less than 150m, the minimum distance from another Onshore Marine refuelling facility shall be half the length of the shoreline;
(3)	no marine vessels except for the purposes of refuelling shall be allowed to operate or be anchored within a designated marine refuelling location;
(4)	no open ignition source shall be allowed within a designated marine refuelling location;
(a)	smoking is prohibited on boats and vessels and in the dispensing area during fuelling.
(b)	all open flames shall be extinguished; engines, motors shall be shut down; and all ports, windows, doors, and hatches shall be closed.
(5)	Fuelling shall not take place at night except under the following conditions;
(a)	well-lit conditions using intrisically safe lighting equipment
(b)	active emergency preparedness and response
20. (1)	Marine refuelling vessels shall;
(a)	Comply with applicable requirements of the Merchant Shipping Act of 2019 and the Merchant Shipping (Vessel Safety) Regulations of 2012, Merchant Shipping (Vessel Licensing) Regulations of 2012, and in particular;
(i)	Carry on board a valid Vessel License,
(ii)	Carry on board a valid Local Safety Certificate,
(iii)	Carry on board a valid insurance cover.
(b)	Be constructed from materials that do not react or deteriorate when in contact with fuels or oils,
(c)	As much as applicable maintain oil spill contingency plan and equipment;
(d)	Provide within the vessel a sludge tank or a means to collect oil spillage and water run offs,
(e)	crew competency in firefighting and oil spill containment.
21. (1)	refuelling shall only be permitted in designated refuelling locations and using storage tanks conforming to Kenya Standards or provided as part of the marine outboard engine by the marine outboard engine manufacturer
(2)	A designated refuelling area shall either be;
(a)	A marine refuelling vessel at its designated location
(b)	An onshore marine refuelling facility
(c)	A marine vessel propelled by a marine outboard engine not carrying passengers conveying petroleum products from a fuel storage container to the outboard engines fuel storage tank via a hand-crank fuel pump through a petroleum grade hose.
(3)	With regard to (22) (2) (c);
(a)	the fuel storage containers must be securely stored in a designated section of the marine vessel isolated from passengers, other cargo and direct sunlight, rain or water ingress.
(b)	At the point of refuelling all passengers must disembark from the marine vessel
(4)	When refuelling, the fuel vendor shall follow the below basic procedures as a minimum;
(a)	ensure that the marine vessel being refuelled is moored next to the marine refuelling vessel or onshore refuelling facility and remains stable throughout the refuelling process.
(b)	ensure that the retail dispensing pump(s) and equipment is suitable for operations in marine environment as per KS EAS 977, any other relevant Kenya Standard or International Standard ratified by KEBS;
(c)	ensure that the hoses from the dispenser to the dispensing nozzle meets the KS EAS 977, KS EAS 978 and any other relevant Kenya or international Standards in particular the length, material and safety provisions;
(d)	prior to fuelling, ensure that the engine of the vessel being fuelled is turned off and there are no signs of leaks from the tanks or fuel lines.
(e)	supply an absorbent cloth or a fuel catch to prevent spillage of fuel from the dispensing nozzle prior to and after refuelling
(f)	to avoid and manage any build up of static electricity during the refuelling process, the dispensing nozzle must be kept in contact with the fuel tank being refilled.
(5)	dosing of fuel with engine lubricant shall be done on the marine vessel as per manufacturer's recommendations prior to refuelling.
(6)	The Marine Refueling Vessel or Onshore Marine Refueling Facility must display clear legible instructions printed in red capital letters on a white background. These signs shall be prominently posted in the dispensing area and shall provide specific guidelines for “Before Fueling,” “During Fueling,” and “After Fueling.”
22. (1)	Any person licenced to provide Marine Refueling Services shall implement pollution control measures, including:
(a)	installation of Spill Containment Systems;
(i)	for above ground storage at Onshore Marine Refuelling Facilities, spill containment shall include bund systems;
(ii)	for Marine Refuelling Vessels, spill containment shall include double walled hulls in the vessel design and a boom system permanently placed around the vessel; and
(iii)	provide a product recovery system to collect oil spillages and contaminated fuel such as an oil water separator compliant with effluent discharge requirements as set by EMCA (Water Quality Regulation, 2024).
(b)	provision of oil-absorbent materials and spill kits for emergency use during refuelling;
(c)	shall secure spill containment booms, absorbent material, and other weather-sensitive equipment under his ownership;
(d)	implementing proper waste management measures, including:
(i)	proper procedures must be in place for the handling, storage, and disposal of hazardous wastes, including used oil and contaminated materials as required under Environmental Management and Coordination Act (Waste Management Regulation, 2024); and
(ii)	providing adequate facilities for the disposal of waste associated with marine refuelling from refuelled vessels to prevent marine pollution as provided under Environmental Management and Co-ordination Act (Waste Management Regulation, 2024 )

FIRST SCHEDULE Regulation 6(1) and 7(1) PART I – REQUIREMENTS FOR CONSTRUCTION PERMIT FOR ONSHORE MARINE REFUELLING FACILITY, MARINE REFUELLING VESSEL OR PETROLEUM MARINE TRANSPORT VESSEL
1.	Certificate of Incorporation / Business Registration Certificate;
2.	CR12 from the Registrar of companies (should not be older than 1 year at the time of submission of the application.
	Further, if a Limited company appears as part of the shareholders, provide the company’s CR12 plus all the Directors’ IDs);
3.	Legible Copies of Identification Documents (IDs/Passports for all the directors);
4	Outline of the methods of financing of the project;
5.	Valid Work Permits Class “G” for all foreign directors working in Kenya (Foreign directors not resident in Kenya should provide a notarized declaration. Further, any employee given Powers of Attorney by a foreign director should provide a copy of their identification document);
6.	For Onshore Marine Refuelling Facilities, Development permission from the respective County Government (including County Physical Planning Office);
7.	Approval to construct Onshore Marine Refuelling Facility, Marine Refuelling Vessel or Petroleum Marine Transport Vessel from the relevant State bodies (Kenya Maritime Authority / Kenya Ports Authority/ Water Resources Authority whichever is applicable);
8.	Mechanical engineer’s drawings specifying materials and design/ operational limitations (Petroleum tank(s) designs, pipe-work, and for marine vessels, the layout including General drainage and OWS layout/ designs );
9.	For Onshore Marine Refuelling Facilities, Civil engineer’s drawings showing details of petroleum tank cradle and backfill designs; Forecourt layout and surface designs; General drainage and OWS layout/ designs;
10.	Certified copies of valid practicing Certificates issued by the Engineers Board of Kenya as per the Engineers Act (2011) for Engineers or Consulting Firms that shall have prepared the designs under items 8 & 9 above; and
11.	Valid Environmental Impact Assessment license from NEMA approving the development of the project/facility. This requirement shall not apply to Petroleum Marine Transport Vessels
12.	Proof of ownership/lease of the land on which the onshore marine refuelling facility is to be built or ownership of the marine refuelling vessel or petroleum marine transport vessel

PART II (A)– FORM OF ONSHORE MARINE REFUELLING FACILITY CONSTRUCTION PERMIT
PERMIT NO. …………………….
THE PETROLEUM ACT, 2019
ONSHORE MARINE REFUELLING FACILITY CONSTRUCTION PERMIT
Construction Permit is hereby granted …………….……… …………………………………………..to construct the following petroleum Facility (is):
Construction of: Onshore Marine Refuelling Facility ………………………………………
On premises situated at: :
Plot No. :
Water Body :
Street/Market :
Town/County :
This Permit expires on :
Dated this:
Signature
(SEAL)
Director General Energy & Petroleum Regulatory Authority
Conditions:
1. As per Section 76(1) and (2) of the Petroleum Act

PART II (B)– FORM OF MARINE REFUELLING VESSEL CONSTRUCTION PERMIT
MARINE REFUELLING VESSEL CONSTRUCTION PERMIT
Construction Permit is hereby granted to of P.O. Box to construct the following petroleum Facility (is):
Construction of: Marine Refuelling Vessel ………………………………………….
Vessel builder :
Vessel builder Address :

PART II (C)– FORM OF PETROLEUM MARINE TRANSPORT VESSEL CONSTRUCTION PERMIT
PETROLEUM MARINE TRANSPORT VESSEL CONSTRUCTION PERMIT
Construction of: Petroleum Marine Transport Vessel ………………………………………

PART I – FORM OF WRITTEN UNDERTAKING FOR ONSHORE MARINE REFUELLING FACILITY
Permit No.:	Petroleum Facility:
Vessel Builder:	Location:
Vessel Builder Address:	Town/County:
Water Body:	Permit Expiry Date:
Full Name Of Applicant:	Phone Number:
Signature Of Applicant Or Person Authorized By Said Applicant To Commit The Applicant And To Act As His Agent In This Matter:	Date:
If The Name Of The Signee Is Different From The Owner, Please Print Signee’s Name Here:	Phone Number:

THIRD SCHEDULE — PART I - REQUIREMENTS FOR APPLICATION FOR NEW BUSINESS LICENCE FOR ONSHORE MARINE REFUELLING FACILITY, MARINE REFUELLING VESSEL OR PETROLEUM MARINE TRANSPORTATION
2.	CR12 from the Registrar of companies (should not be older than 1 year at the time of submission of the application. Further, if a Limited company appears as part of the shareholders, provide the company’s CR12 plus all the Directors’ IDs);
4.	Valid Work Permits Class “G” for all foreign directors working in Kenya (Foreign directors not resident in Kenya should provide a notarized declaration. Further, any employee given Powers of Attorney by a foreign director should provide a copy of their identification document);
5.	For an Onshore Marine Refuelling Facility, proof of land ownership (copy of title deed in the name of company/director(s)). In the case of long-term land lease, copy of duly registered lease agreement in the name of the Applicant company valid for at least twelve (12) months plus the title deed of the land owner or an allotment letter in the name of the proponent certified by the County Government;
6.	For Marine Refuelling Vessel and Petroleum Marine Transport Vessel proof of vessel ownership (copy of certificate of registration in the name of company/director(s)). In the case of long-term vessel lease, copy of duly notalized lease agreement in the name of the Applicant company valid for at least twelve (12) months plus the certificate of registration of the vessel owner ;
7.	A valid Tax Compliance Certificate for the applicant from the Kenya Revenue Authority;
8.	A valid Single Business Permit for the premises of operation from the respective County Government;
9.	A valid Environmental Impact Assessment licence from NEMA for the facility;
10.	A valid Fire Clearance Certificate for the facility from the respective County Government;
11.	For an Onshore Marine Refuelling Facility, certificate of Compliance with the Physical Planning Act 2019 (PPA5 or PPA2);
12.	A valid certificate of registration of the facility as a work place from the Directorate of Occupational Safety and Health Services;
13.	A valid calibration certificate for each petroleum storage tank at the facility;
14.	A valid certificate of calibration of the petroleum dispensing units’ meters from the Department of Weights and Measures;
15.	A pressure test report for the petroleum tanks and pipelines at the facility (for new facilities);
16.	A colour photo of the facility clearly showing the dispensing and storage area;
17.	A summary Emergency Response Plan for the facility; and
18.	A duly executed Environment Liability Policy in accordance with Section 79 of the Act.

PART II – REQUIREMENTS FOR APPLICATION AND RENEWAL OF PETROLEUM MARINE TRANSPORT VESSEL PERMIT
1.	Vessel Registration Certificate for each vessel (Attach a certified valid lease agreement if vessel not in the name of the applicant);
2.	A valid Fire certificate for each vehicle from the County Government;
3.	A valid calibration certificate for the petroleum storage tank on the vessel
4.	A valid Vessel Inspection Certificate from the Kenya Maritime Authority for each Vessel.
5.	A valid Petroleum Marine TransportVessel Skipper Certificate
6.	Evidence of installation of the Global Positioning System (GPS) tracking system capable of generating reports of distance, location and speed

PART III – REQUIREMENTS FOR APPLICATION AND RENEWAL OF SKIPPER CERTIFICATE
1.	Identification Document (ID) for the applicant;
2.	A valid certificate of fitness of the applicant from a doctor approved by the Directorate of Occupation Safety and Health and Services;
3.	Basic training on petroleum safety from an institution approved by Technical and Vocational Education and Training Authority or National Industrial Training Authority.
4.	A valid Certificate of Competency (CoC) or Small Boat Operators Licence (BOL) or Pilotage Licence (PL) for the applicant for the appropriate class of Vessel issued by relevant Kenya Maritime Authority (KMA);
5.	A Police Clearance Certificate of the applicant (should not be older than 1 year at the time of submission of the application); and
6.	A colour Passport size photo of the applicant.

PART IV – LICENCE AMENDMENT APPLICATION FORM FOR ONSHORE MARINE REFUELLING FACILITY, MARINE REFUELLING VESSEL, PETROLEUM MARINE TRANSPORTATION OR SKIPPER CERTIFICATE
1.	Licence number for the licence you wish to amend:
2.	Indicate the type of amendment you would wish to make (tick as appropriate):
	Change of Premises
	Change of Business/Company /Skipper Name
	Addition of petroleum product tanks
	Decommission of petroleum product tanks
3. (a)	Criteria to be met for amendment of a licence is attached in this regulation.
a.	Change of Premises
i.	A valid Single Business Permit for the premises of operation from the respective County Government
b.	Change of Business/Company Name

Licence amendment requirements continued
i.	Certified copy of CR12 from the Registrar of companies (Not older than one (1) year) for limited companies; and
ii.	Certified copy of Certificate of Change of Name
c.	Addition of petroleum product tanks
i.	Tanks inspection reports by an accredited competent person in compliance with the Kenya Standards or international standards ratified by the Kenya Bureau of Standards;
d.	Decommission of petroleum product tanks
i.	Tank decommissioning reports by an accredited competent person;

FOURTH SCHEDULE — REQUIREMENTS FOR APPLICATION FOR RENEWAL OF BUSINESS LICENCE FOR ONSHORE MARINE REFUELLING FACILITY, MARINE REFUELLING VESSEL OR PETROLEUM MARINE TRANSPORT VESSEL
1.	CR12 from the Registrar of companies (should not be older than 1 year at the time of submission of the application. Further, if a Limited company appears as part of the shareholders, provide the company’s CR12 plus all the Directors’ IDs);
2.	Legible Copies of Identification Documents (IDs/Passports for all the directors);
3.	Valid Work Permits Class “G” for all foreign directors working in Kenya (Foreign directors not resident in Kenya should provide a notarized declaration. Further, any employee given Powers of Attorney by a foreign director should provide a copy of their identification document);
4.	A valid Tax Compliance Certificate for the applicant from the Kenya Revenue Authority;
5.	A valid Single Business Permit for the premises of operation from the respective County Government;
6.	For an Onshore Marine Refuelling Facility, proof of land ownership (copy of title deed in the name of company/director(s)). In the case of long-term land lease, copy of duly registered lease agreement in the name of the Applicant company valid for at least six (6) months plus the title deed of the land owner or an allotment letter in the name of the proponent certified by the County Government;
7.	For Marine Refuelling Vessel and Petroleum Marine Transport Vessel proof of vessel ownership (copy of certificate of registration in the name of company/director(s)). In the case of long-term vessel lease, copy of duly notalized lease agreement in the name of the Applicant company valid for at least six (6) months plus the certificate of registration of the vessel owner ;
8.	An acknowledgement from NEMA of having submitted an annual Environmental Audit report for the facility (the acknowledgement should not be older than 1 year at the time of submission of the application);
9.	A valid Fire Clearance Certificate for the facility from the respective County Government;
10.	A valid certificate of registration of the facility as a work place from the Directorate of Occupational Safety and Health Services;
11.	A valid calibration certificate for each petroleum storage tank at the facility;
12.	A valid certificate of calibration of the petroleum dispensing units’ meters from the Department of Weights and Measures;
13.	A summary Emergency Response Plan for the facility; and
14.	A duly executed Environment Liability Policy in accordance with Section 79 of the Act.

FIFTH SCHEDULE — PART I - FORM OF PETROLEUM BUSINESS LICENCE FOR ONSHORE MARINE REFUELLING FACILITY
No. EPRA/PET
Licence is hereby granted to of
P.O. Box
to carry on the following petroleum businesses:
LICENCE NAME
Designated Marine : Refuelling Area
This licence expires on :

Beach/Marine Area :

PART III - FORM OF BUSINESS LICENCE FOR PETROLEUM MARINE TRANSPORTATION
Regulation 28(1)
PETROLEUM MARINE TRANSPORTATION BUSINESS LICENCE
No. EPR/PET
Building :

PART IV—FORM OF PETROLEUM MARINE TRANSPORT VESSEL PERMIT
Regulation 34(2)
PETROLEUM MARINE TRANSPORT VESSEL PERMIT
PERMIT
This Petroleum Marine Transport Vessel Permit authorizes the transportation of: Petroleum Products Liquefied Petroleum Gas (Tick as appropriate) in the petroleum marine transport vessel whose details appear below;
Marine Vessel No. ……………………………………………………
Hull ID No. (HIN)/IMO No…………………………………………..
Maximum Capacity…………………………………………………..
Petroleum Marine Transporter…………………………………………
Director-General/CEO

PART V—FORM OF SKIPPER CERTIFICATE
Regulation 43(1)
SKIPER CERTICATE
Class. ……………………………………………………
Number…………………………………………..
Name…………………………………………………..
National ID…………………………………………
KMA Coc/BOL/PL No…………………………………………………
This Certificate authorizes the Hotel to plot a Petroleum Marine Transport Vessel
Date of Issue …………………………………………………………
Expiry Date………………………………………………………….

SIXTH SCHEDULE — FEES SCHEDULE
Description- Category of Licence Fees	New Application (Amount in Kshs)	Extension Application (Amount in Kshs)	Amendment Application (Amount in Kshs)
Marine Refuelling Vessel Construction Permit	5,000	2,000	1,000
Onshore Marine Refuelling Facility Construction Permit	5,000	2,000	1,000
Petroleum Marine Transport Vessel Construction Permit	5,000	2,000	1,000
Onshore Marine Refuelling Facilities Business Licence	5,000	2,000	1,000
Marine Refuelling	5,000	2,000	1,000
Vessels Business Licence
Petroleum Marine Transportation Business Licence	5,000	2,000	1,000
Petroleum Marine Transport Vessel Permit	2,000	1,000	500
Skipper Certificate	750	500	250

EIGHTH SCHEDULE — OFFENCES, FINES AND PENALTIES
Regulations	Offence	Fine and Penalty
30(2)	Failure to meet marine transportation business licensees obligations	On admission of offence, Kshs. 20,000 for each offence; or Upon conviction, a fine of not less than Kshs 500,000, or imprisonment for a term of not less than 3 years, or both such fine and imprisonment, as prescribed in the Petroleum Act (s 99(2)(a)).
32(2)	Operating a Marine Transport Vessel without a valid Petroleum Marine Transport Vessel Permit	On admission of offence, Kshs. 20,000 for each offence; or Upon conviction, a fine of not less than Kshs 1,000,000, or imprisonment for a term of not less than 3 years, or both such fine and imprisonment, as prescribed in the Petroleum Act (s 74(3)(b)).
42(2)	Piloting a Marine Transport Vessel without Skipper Certificate	Kshs 50,000
47(2)	Failure to meet Skipper obligations	Kshs 20,000
48(3)	Failure to display valid construction permit and or petroleum marine business licence	Not exceeding KShs. 1,000,000 as prescribed in the Petroleum Act (s 80(2)).
49(2)	Failure to report accidents/incidents	Kshs 100,000

Everyone named

Court	Energy and Petroleum Tribunal
Signed by	J. OPIYO WANDAYI, Cabinet Secretary Ministry of Energy and Petroleum
Bodies 39	Energy and Petroleum Regulatory Authority · National Construction Authority · Kenya Coast Guard Service · Kenya Bureau of Standards · Kenya Fisheries Service · Kenya Forest Service · Kenya Maritime Authority · Kenya Marine Fisheries Research Institute · Kenya Ports Authority · Kenya Wildlife Service · Ministry for the time being responsible for petroleum in Kenya · National Environment Management Authority · Energy and Petroleum Tribunal · Water Resources Authority · KMA · KPA · KeFS · KFS · KWS · NEMA · KEBS · EPRA · Ministry of Energy and Petroleum · County Physical Planning Office · and 15 more
Offices 6	Director General Energy & Petroleum Regulatory Authority · accounting officer of the Ministry · person in charge of human resources management at the Ministry · person in charge of petroleum at the Ministry · person in charge of upstream petroleum at the Authority · person in charge of accounts in the Ministry
Issuing authorities 2	Cabinet Secretary for Energy and Petroleum · Director General Energy & Petroleum Regulatory Authority
Licensing authorities 2	NEMA · Director General Energy & Petroleum Regulatory Authority
Defined office	Cabinet Secretary responsible for Petroleum
Document issuer	Registrar of companies
Registry	Registrar of companies
Recommending body	Advisory Committee
Accounting officer	accounting officer of the Ministry
Fund	Consolidated Fund
Also named 10	County Government · Council · Authority · Tribunal · Tribunal · Director-General/CEO · Cabinet Secretary · Ministry · Government · Administrator
Law 17	Petroleum Act · Energy Act · Constitution of Kenya · National Construction Authority Act · Environmental Management and Co-ordination Act · Engineers Act · Standards Act · Fisheries Management and Development Act · Forest Conservation and Management Act · Kenya Maritime Authority Act · Science and Technology Act · Kenya Ports Authority Act · Wildlife Conservation and Management Act · Occupational Safety and Health Act · Water Act · Merchant Shipping Act · Physical Planning Act

Pages for private people, including the deceased and petitioners, are public, but we ask search engines not to list them.

Corrections 0

Corrected by: No corrigendum in the issues we hold.
Cites: Petroleum Act, Energy Act, Constitution of Kenya, National Construction Authority Act, National Construction Authority Act, Article 176 of the Constitution, Environmental Management and Co-ordination Act, Energy Act, Engineers Act, Standards Act, Fisheries Management and Development Act, Forest Conservation and Management Act, Kenya Maritime Authority Act, Science and Technology Act, Kenya Ports Authority Act, Standards Act, Wildlife Conservation and Management Act, Petroleum Act, Environmental Management and Co-ordination Act, National Construction Authority Act, Occupational Safety and Health Act, Petroleum Act, Energy Act, Water Act, Merchant Shipping Act, Eighth Schedule, Part I of the First Schedule, Sixth Schedule, Part II (A) , Part II(B) and Part II(C) of the First Schedule, KS EAS 158, KS EAS 177, Merchant Shipping Act, Merchant Shipping (Vessel Safety) Regulations of 2012, Merchant Shipping (Vessel Licensing) Regulations of 2012, KS EAS 977, KS EAS 978, EMCA (Water Quality Regulation, 2024), Environmental Management and Coordination Act (Waste Management Regulation, 2024), Environmental Management and Co-ordination Act (Waste Management Regulation, 2024 ), Merchant Shipping Radio Communications Regulations 2012, Physical Planning Act, Sixth Schedule 6, Fourth Schedule, Fifth Schedule, regulation 31, Seventh Schedule, Regulation 32, Ninth Schedule, Petroleum Act, Petroleum (Upstream Petroleum Management and Administration) Regulations, 2024
Revokes: Legal Notice No. 193 of 1984 (no page yet), Legal Notice No. 132 of 2006 (no page yet)

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Kenya Gazette Notice No. 9273 of 2025, Vol. CXXVII No. 150, 10 July 2025, p. 4222.

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Source: Official PDF of Vol. CXXVII No. 150, from Kenya Law
Extracted by: AI models
Model audit: An independent model agreed with 98 to 99% of compared values for land and succession notices, 97% overall. Agreement between models, not verified accuracy.
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Filed under: Legislation, 2025 · July 2025 · Energy and Petroleum Tribunal · Vol. CXXVII No. 150

Gazette Notice No. 9273 of 2025

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Schedule 468 rows

Everyone named

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