LegislationGazette notice

Gazette Notice No. 9273 of 2025

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

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

AI-extractedAgreement between models, not verified accuracy.

Schedule 468 rows

Rows 201 to 400 of 468.

EIGHTH SCHEDULE — OFFENCES, FINES AND PENALTIES
Regulations	Offence	Fine and Penalty
52(2)	Failure to disclose requested information	Kshs 100,000

NINTH SCHEDULE — SAFETY SIGNAGE, COLOUR CODING, STROBES, VESSEL TRACKING AND COMMUNICATION
Type of Assets	Colour Code	Strobe Colour and Signalling Sequence	Bouy Colour	Minimum Safety Signage	CB Band Communication Channel
Marine Refuelling Vessel	Orange	Amber	Red	i. No Smoking ii. Refuelling Procedures iii. Hazardous Area	CB Channel 13 (27.11500 Mhz)
Onshore Marine Refuelling Facility	Blue	Amber	Red	i. No Smoking ii. Refuelling Procedures iii. Hazardous Area	CB Channel 13 (27.11500 Mhz)
Petroleum Marine Transport Vessel	Red	Amber	Red	i. No Smoking ii. Refuelling Procedures iii. Hazardous Area	CB Channel 13 (27.11500 Mhz)

LEAD APPLICANT/PERMIT HOLDER
	Name	Percentage participation
1
OTHER CONSORTIUM MEMBERS (if applicable)
2
3
4

APPLICATION FORM FOR NON-EXCLUSIVE EXPLORATION PERMIT

Date of application:

APPLICANT DETAILS (provide for all consortium members)

Nationality:
Home office address:
Phone
Email:
Website:

Applicant Representative Details in Kenya

Address:
Physical address in Kenya:

Parent company information (if applicable)

Provide information on ownership structure the group and parent company up to the ultimate controlling entities (include all details as outlined above)

PROPOSED PERMIT AREA(S) UNDER APPLICATION
Area Details	Location and Coordinates	Order of preference	Size (km2)
A
B
… (Add rows if necessary)

PROPOSED WORK PROGRAMME & BUDGET
PROPOSED WORK PROGRAMME	ESTIMATED COST
TOTAL

TECHNICAL CAPACITY OF THE APPLICANT
Current analogous licenses held
Analogous licenses held over previous five (5) years
Technical qualifications (previous analogous experience)

FINANCIAL CAPACITY OF THE APPLICANT (For the last three (3) years)
		year 1	year 2	year 3
A	Value of assets, in millions of USD
B	Value of liabilities, in millions of USD
C	Net value, in millions of USD (a - b)

IMPACT OF THE PROPOSED EXPLORATION ACTIVITIES
Details of NEMA licence:
Economic:
Social:
Cultural:
Environment:
Other:

Application form continuation
Field	Instructions
RESEARCH PROPOSAL (NON-COMMERCIAL APPLICANTS ONLY)	(e.g., research subject, relevant background) (Append additional supporting material if necessary)
RESEARCHER DETAILS (NON-COMMERCIAL APPLICANTS ONLY)	(Provide identity, professional titles, curriculum vitae and contact details of researchers) (Append additional supporting material if necessary)
AUTHORISED SIGNATORY OF THE APPLICANT
Signature of applicant	Date
Signature of co-applicant(s) if applicable	Date
EVIDENCE OF PAYMENT OF APPLICATION FEES

SECOND SCHEDULE — Non-Exclusive Exploration Agreement
Number	Terms and conditions
1.	Agreement participants and operator designation
2.	Non-exclusive exploration area
3.	Agreement duration
4.	Work plan and deliverables
5.	Standard of work
6.	Ownership and use of data
7.	Government rights to access and use data
8.	Permit-holder rights to license and use data
9.	Data reporting;
10.	Revenue sharing mechanism
11.	Performance security;
12.	Requirements for reporting;
13.	Protection of the environment;
14.	Environmental liability;
15.	Safety standards
16.	Confidentiality
17.	Permit-holder’s indemnification of the government
18.	Termination provisions
19.	Relevant fees, taxes, levies and duties;
20.	Force majeure;
21.	Dispute resolution
22.	Model licensing agreements;
23.	Cost management;
24.	Transfer and assignment of interests;
25.	Governing law and jurisdiction

THIRD SCHEDULE — NOTICE OF DIRECT NEGOTIATIONS (NON-EXCLUSIVE PERMITS)
Number	Text
1.	The Authority intends to enter into direct negotiations for a non-exclusive exploration permit related to [INSERT AREA DETAILS] with the following applicant: [INSERT APPLICANT DETAILS]
2.	Any objections that a person may have with respect to the intended negotiations should be submitted within fourteen (14) days of publication of this notice to the address below: [INSERT CONTACT DETAILS]
3.	Any party who also wishes to register an interest with respect to that block within fourteen (14) days of publication should communicate their intention to: [INSERT CONTACT DETAILS]

FOURTH SCHEDULE — NOTICE OF DIRECT NEGOTIATIONS (PETROLEUM AGREEMENTS)
Number	Text
1.	The Cabinet Secretary intends to enter into direct negotiations for a petroleum agreement related to [INSERT BLOCK DETAILS] with the following applicant: [INSERT APPLICANT DETAILS]
3.	Any party who also wishes to submit a bid or register an interest with respect to that block within fourteen (14) days of publication should communicate their intention to :

FIFTH SCHEDULE — APPLICATION FORM FOR A PETROLEUM AGREEMENT UNDER DIRECT NEGOTIATIONS
Section	Item	Text
		Applicants for a petroleum agreement under these Regulations shall provide information as outlined below (or as otherwise directed by the Cabinet Secretary):
Applicant information	1.	If a consortium is proposed the information shall be provided for all consortium members.
Applicant information	2.	Applicant(s) name (corporate and legal name)
Applicant information	3.	Proposed interests
Applicant information	4.	Proposed lead contractor
Applicant information	5.	Director names, addresses
Applicant information	6.	Representative Contact details (Name, Address, Phone, Email)
Applicant information	7.	Parent company information (shareholders, place of incorporation, addresses, Phone, Email)
Applicant information	8.	Date of Application
Block information	1.	Proposed license area(s) for negotiation.
Block information	2.	Statement of priority order interest for each block (if more than one block is applied for)
Financial capacity	1.	Net value: assets and liabilities
Financial capacity	2.	Audited financial statements for last three (3) years
Technical capacity		Information on the Applicants’ ongoing and previous projects specifying:
Technical capacity	1.	The total area held and location;
Technical capacity	2.	The operated and non-operated production and investment for the last three (3) years;
Technical capacity	3.	A short summary of the applicant’s experience in relevant projects stating the role and level of responsibility for each project (i.e., as operator or consortium member).
Technical capacity	4.	Declaration of any details (or absence thereof) of any regulator-imposed penalty or administrative measure applied to the applicant due to environmental damage over the past five (5) years.
Evidence of environmental, safety and health operational competence
Geological Assessment		To the extent feasible, applicants shall provide:
Geological Assessment	1.	A description of the regional location and geological significance within the respective sedimentary basin / surrounding area.
Geological Assessment	2.	A written summary of the potential prospects observed in the areas under application, together with a forecast of hydrocarbon accumulation data and estimates of future production.
Geological Assessment	3.	Forecast of stratigraphy / lithology and target horizons.
Geological Assessment	4.	Structural map (or isopach map, if relevant for stratigraphic prospect) of each potential horizon.
Geological Assessment	5.	Brief description of prospects and leads.
Geological Assessment	6.	Estimation of potential future resources for each observed prospect.
Geological Assessment	7.	Report on the possible impacts of exploration and production on the environment, together with the planned mitigation, monitoring and rehabilitation measures.
Proposed work programme according to proposed phases	1.	Seismic and other surveys (quantity and estimated cost)
Proposed work programme according to proposed phases	2.	Reprocessing (quantity and estimated cost)
Proposed work programme according to proposed phases	3.	Reprocessing (quantity and estimated cost)
Proposed work programme according to proposed phases	4.	Details of technology to be applied in the proposed work programme.
Assessment of impact on the environment		Report on the possible impacts of exploration and production on the environment, together with the planned mitigation, monitoring and rehabilitation measures.
Financial proposals		Any fiscal terms proposed by the applicant:
Financial proposals	1.	Bonuses
Financial proposals	2.	Production sharing percentages between the applicant and the Government
Financial proposals	3.	Cost recovery limit
Financial proposals	4.	Any Other
Other information		Any other information deemed appropriate.
		Date--------------------------------------------
		Signature of Applicant..

SIXTH SCHEDULE — CONTENT OF BID GUIDANCE DOCUMENT
Item	Text
	A bid guidance document issued under these regulations shall contain the information below:
1.0	INTRODUCTION
2.0	REGULATORY FRAMEWORK
2.1.	Overview of Licensing Authority and other relevant regulatory bodies
2.2.	Overview of the laws and regulations applicable to the Bid Round
2.3.	Overview of the legal instruments applicable to petroleum rights
3.0	FISCAL FRAMEWORK
3.1.	Overview of applicable fiscal terms applicable rights awarded under the Bid Round
4.0	BLOCK OVERVIEW
4.1.	Geological background
4.2.	Description of the location and characteristics of blocks offered
4.3.	Block map and designations
5.0	DATA ACCESS
5.1.	Overview of available data for each block
5.2.	Procedure for access to data
5.3.	Requirements to purchase data (if applicable)
5.4.	Confidentiality requirements

CONTENT OF BID GUIDANCE DOCUMENT (continued)
6.0 AWARD CRITERIA AND PROCEDURE
6.1. Overview of required bidding items
6.2. Bidding expectations including any minimum required bids
6.3. Evaluation criteria
6.4. Evaluation procedure
7.0 BID SUBMISSION MODALITIES
7.1. Required bid validity period
7.2. Required financial security and conditions
7.3. Overview of dispute resolution procedures
8.0 BID ROUND SCHEDULE
8.1. Deadline for submitting queries
8.2. Deadline for submission of bids
8.3. Date for announcement of winners
8.4. Intended timeline and procedures for negotiation and finalisation of agreement
9.0 APPLICATION CONTENT
Required submissions
9.1. Technical
9.1.1. Geological and geophysical evaluation for block(s)
- A description of the regional location and geological significance within the respective sedimentary basin / surrounding area.
- A written summary of the potential prospects observed in the areas under application, together with a forecast of hydrocarbon accumulation data and estimates of future production.
- Forecast of stratigraphy / lithology and target horizons.
- Structural map (or isopach map, if relevant for stratigraphic prospect) of each potential horizon.
- Brief description of prospects and leads.
- Estimation of potential future resources for each observed prospect.
- Report on the possible impacts of exploration and production on the environment, together with the planned mitigation, monitoring and rehabilitation measures.
9.1.2. Proposed work programme in required format
9.1.3. Overview of objectives for work programme
An outline of the objectives for each element of the proposed work programme.
9.1.4. Evidence of technical competence relevant to proposed work programme
Information on the Applicants’ ongoing and previous projects specifying:
- the total area held and location;
- the operated and non-operated production and investment for the previous three (3) years;
- a short summary of the bidder's experience in relevant projects stating the role and level of responsibility for each project (i.e., as operator or consortium member).
- Declaration of any details (or absence thereof) of any regulator-imposed penalty or administrative measure applied to the bidder due to environmental damage over the past five (5) years.
9.1.5. Evidence of environmental, safety and health operational competence
9.1.6. Details of technology to be applied in the proposed work programme.
9.2. Financial
9.2.1. Financial bids required by the terms of the bidding round
For example:
- bonuses
- production sharing percentages between the Contractor and the Government
- cost recovery limit
9.2.2. Evidence of financial capacity and/or funding to conduct proposed work programme
9.2.3. Certified financial statements detailing assets and liabilities
9.2.4. Required financial security for participation in the bidding round
9.2.5. Overview of procurement strategy
Outline any initiatives that support local content.
9.3. Legal and administrative:
9.3.1. Composition of bidding entity, corporate structure and key personnel
If a consortium is proposed, the information shall be provided for all consortium members.
- Applicant(s) name
Proposed interests
Proposed lead company
- Legal name and physical address
- Director and shareholders names, addresses
- Representative Contact details (Name, Address, Phone, Email, website)
- Parent company information (shareholders, place of incorporation)Date of Application
9.3.2. Confirmation of prequalification
9.3.3. Evidence of payment of the required application fee
9.3.4. Evidence of purchased pre-bid data
9.3.5. Evidence of pre-qualification

SEVENTH SCHEDULE — APPLICATION TO TRANSFER INTEREST IN A PETROLEUM AGREEMENT
Proposed Transfer Form
Applicant details
Petroleum Agreement/License
Contractor Details
Proposed Transfer information
Transferee details
Summary of transfer proposal
Reasons for proposed transfer
Agreement Status
Report on the status of work carried out under the petroleum agreement against the approved work programme;
Contractor’s remaining interests in Kenya Petroleum Interests
Transferee Qualifications information

Filed under: Legislation, 2025 · July 2025 · Energy and Petroleum Tribunal · Vol. CXXVII No. 150