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LegislationGazette notice

Gazette Notice No. 9278 of 2025

The Cabinet Secretary for Energy and Petroleum makes regulations governing access to land, acquisition and resettlement for onshore upstream petroleum operations.

Official PDF · 3.0 MB

Whole issue, from Kenya Law. This notice starts on printed page 4334.

AI-extractedAgreement between models, not verified accuracy.

Items 9

  1. Legislation notice 1

    Link
    Issuing authority
    Cabinet Secretary for Energy and Petroleum
    Body
    Energy and Petroleum Regulatory Authority, National Land Commission, ad-hoc Access to Land Acquisition and Resettlement Committee (Defined as established under sub-regulation 15(1).)
    Court
    Energy and Petroleum Tribunal
    Regulations
    Petroleum (Upstream Petroleum Access to Land) Regulations, 2025
    Scope
    access to land for onshore upstream petroleum operations; acquisition of an interest in land for onshore upstream petroleum operations; and resettlement and livelihood restoration related to onshore upstream petroleum operations.
    Exclusions
    access to land or acquisition of an interest in land for upstream petroleum operations being undertaken offshore; and midstream and downstream petroleum operations.
  2. Legislation notice 2

    Link
    Body
    Commission, Authority
    Issuing authority
    Cabinet Secretary
    Regulation 6 4 c iii
    iii. the third publication and announcement shall be at least seven (7) days before the end of the notice period.
    Regulation 6 5
    (5) The notice referred to in sub-regulation (4) above shall be in the form prescribed under Form A in the Third Schedule.
    Regulation 6 6
    (6) Where the owner or occupier of the land cannot be found after the expiry of the notice under sub-regulation (4) or any such extended period, then, the project proponent shall seek consent from the Commission in Form B prescribed in the Third Schedule.
    Regulation 6 7
    (7) Where the owner or occupier declines to grant consent to access land to the project proponent for purposes of sub-regulation (1) then, the project proponent shall seek consent from the Commission in Form B prescribed in the Third Schedule.
    Regulation 6 8
    (8) The Commission may authorize in writing, any project proponent to enter upon any land upon application under sub-regulations (6) or (7).
    Regulation 6 9
    (9) For purposes of sub-regulation (8) compensation for damage resulting from entry authorized by the Commission, shall be determined by the Commission in accordance with the relevant written laws.
    Regulation 6 10
    (10) Any person who contravenes the provisions of sub-regulations (1) and (4) commits an offence and shall on conviction be liable to the penalties prescribed in the Seventh Schedule.
    Regulation 7 1
    7. (1) No person shall plan, place, construct or install onshore petroleum facilities on any land without agreeing in writing with the landowner or occupier on the terms and conditions of access to enable such development or without any other lawful authorisation.
    Regulation 7 2 i
    (2) (i) A project proponent who has agreed in writing with the landowner or occupier under sub-regulation (1), shall within 14 days of entering into such agreement, deposit a certified copy of the agreement thereof to the Authority.
    Regulation 7 2 ii
    (ii) Provided that if there is any amendment or termination to the said agreement, such amendment or termination shall be submitted or notified, as the case may be, in writing to the Authority within 7 days.
    Regulation 7 3
    (3) Any person who contravenes the provisions of sub-regulation (1) commits an offence and shall on conviction be liable to the penalties prescribed in the Seventh Schedule.
    Regulation 8 1
    8. (1) Whenever an owner or occupier of land or any person suffers denial, loss, damage or injury, caused by access to land authorized under sub-regulation 6(1), such owner or occupier of land or such person shall be entitled to prompt payment in full, of just compensation in accordance with this regulation and relevant written laws. Provided that this regulation shall not apply to compensation under sub-regulation 6(9) and regulation 9.
    Regulation 8 2 intro
    (2) Whenever in the course of upstream petroleum operations, the project proponent;
    Regulation 8 2 a
    a. denies the owner or occupier of the land the rights to quiet enjoyment;
    Regulation 8 2 b
    b. causes loss of use of or damage to land, crops, trees, buildings, stock or works therein or thereon;
    Regulation 8 2 c
    c. causes loss of life or personal injury to the owner or occupier of any land or to his/her agents, workmen or servants; or
    Regulation 8 2 d
    d. causes damage by any irregularity, trespass, or other wrongful proceedings
    Regulation 8 2 conclusion
    the project proponent shall be liable to prompt payment in full, of just compensation to an owner or occupier of land or any person, as the case may be.
    Regulation 8 3 intro
    (3) While assessing compensation the following factors shall be considered:
    Regulation 8 3 a
    a. damage sustained or likely to be sustained to the owner’s or occupier’s property whether movable or immovable, in any other manner on his or her actual earnings;
    Regulation 8 3 b
    b. reasonable expenses incidental to the relocation of the project affected persons who will be compelled to change residence or place of business; and
    Regulation 8 3 c
    c. any other relevant factor.
    Regulation 8 4
    (4) If the project proponent fails to pay or make compensation when demanded, or if an owner or occupier or any person is dissatisfied with the amount or nature of any compensation offered to him or her thereunder, the owner or occupier or any person may, refer the matter to a court of competent jurisdiction.
    Regulation 8 5
    (5) If any difficulty or question arises as to the entitlement to compensation payable under the Act and regulations, the determination shall be made in accordance with the provisions of the relevant written laws by a court of competent jurisdiction.
    Regulation 9 1
    9. (1) Where a project proponent fails to agree in writing with the landowner or occupier as provided for under regulation 7, the project proponent may request the Cabinet Secretary to make an application for compulsory acquisition as provided for in section 116 of the Act and the relevant written laws.
    Regulation 9 2 intro
    (2) If the Cabinet Secretary is satisfied that the project proponent;
    Regulation 9 2 a
    a) reasonably requires land for purposes of constructing, modifying, or operating any upstream petroleum infrastructure or for incidental purposes; and
    Regulation 9 2 b
    b) has failed to acquire the land by agreement after making reasonable attempts to do so,
    Regulation 9 conclusion
    33. the Cabinet Secretary may apply to the Commission to acquire it compulsorily.
    Part heading
    PART III - ACCESS TO LAND, ACQUISITION AND RESETLLEMENT FRAMEWORK
    Regulation 10 intro
    10. A project proponent shall prepare in accordance with this Part, a Access to Land and Acquisition, and Resettlement Framework or any variation thereof to the Authority:
    Regulation 10 a
    a) upon approval or variation of the Environmental and Social Impact Assessment for the project, and prior to commencing any upstream petroleum operations which have a significant impact on project affected persons including the displacement of project affected persons; or
    Regulation 10 b
    b) during the submission of a field development plan or a joint field development plan by a contractor to the Authority.
    Regulation 11 1
    11. (1) The project proponent shall engage a competent team of experts led by a lead expert to develop the terms of reference for the preparation of the framework and submit the terms of reference to the Authority prior to commencement of preparation of the framework. Provided that any person involved in the development of the terms of reference shall not be involved in the preparation of the framework.
    Regulation 11 2
    (2) The Authority shall review the terms of reference and composition of the team of experts under sub regulation (1) within twenty-one (21) days upon submission by the project proponent.
    Regulation 12 1
    12. (1) Subject to sub-regulation (2), the framework shall be prepared in accordance with all relevant written laws and best petroleum industry practices.
    Regulation 12 2 intro
    (2) The framework shall include but shall not be limited to the following:
    Regulation 12 2 a
    a) policy, legal framework, and applicable standards;
    Regulation 12 2 b
    b) procedure of Access to Land and acquisition;
    Regulation 12 2 c
    c) scoping and risk assessment;
    Regulation 12 2 d
    d) planning for the framework process;
    Regulation 12 2 e
    e) baseline data collection;
    Regulation 12 2 f
    f) livelihood restoration;
    Regulation 12 2 g
    g) stakeholder engagement;
    Regulation 12 2 h
    h) grievance management and conflict resolution;
    Regulation 12 2 i
    i) implementation of the framework;
    Regulation 12 2 j
    j) monitoring and evaluation;
    Regulation 12 2 k
    k) land restoration and reversion;
    Regulation 12 2 l
    l) framework data management;
    Regulation 12 2 m
    m) roles and responsibilities of all the relevant agencies; and
  3. Legislation notice 3

    Link
    Body
    Authority (Receives and reviews framework submissions; shall be the Secretary of the Committee.), Access to Land, Acquisition and Resettlement Committee (An ad-hoc committee for each submitted framework.), Ministry responsible for petroleum (Represented on the Committee; shall chair the committee.), Ministry responsible for land matters (Institution to be represented on the Committee.), State department responsible for social protection (Institution to be represented on the Committee.), National Environment Management Authority (Institution to be represented on the Committee.), National Land Commission (Institution to be represented on the Committee.), relevant/affected county government(s) (Institution to be represented on the Committee.)
    Office
    Cabinet Secretary (Appoints the Committee and receives its advice on determination of the framework.), National Government Administration Officers (Consulted on public hearings, rules of procedure and compilation of the hearing report.)
    Regulation 12 2 n
    n) composition of the team of experts who developed the framework and their qualifications.
    Regulation 13 1
    13. (1) During the preparation of the framework the project proponent shall seek and record the views of persons who may be affected by the project by:
    Regulation 13 1 a
    a) holding at least two (2) public meetings or such number as determined in the approved terms of reference under sub-regulation 12(2), with the affected parties and communities including the women, youth, persons with disability and other vulnerable groups in a venue convenient and accessible, and in a language understandable by the various stakeholders, to explain the project and its effects and to receive their oral or written comments;
    Regulation 13 1 b
    b) ensuring that appropriate notices indicating the dates, times and venues of the meetings, are publicized to the affected communities and the other concerned parties at least seven (7) days prior to the meetings referred to in paragraph (a) above;
    Regulation 13 1 c
    c) placing posters in strategic public places and in the vicinity of the site of the proposed project, to inform the affected parties and communities of the meetings, so as to reach persons described in paragraph (a) above; and,
    Regulation 13 1 d
    d) annexing the reports, minutes, proceedings, notice, list of attendance, photographic and audio evidence of the public meetings.
    Regulation 13 2
    (2) The project proponent shall perform public disclosure in accordance with these Regulations.
    Regulation 14 1
    14. (1) A project proponent shall submit at least ten (10) printed copies and an electronic copy of the framework, or in the manner prescribed by the Authority and accompanied by a duly completed submission form set out in the Fourth Schedule upon payment of prescribed fees in the Second Schedule.
    Regulation 14 2
    (2) Upon submission of the framework to the Authority under sub-regulation (1), the Authority shall within seven (7) days conduct a preliminary review of the documentation received from the project proponent to determine the material completeness of the framework.
    Regulation 14 3
    (3) The Authority may request for further information from the project proponent prior to notifying the Cabinet Secretary of the submission of the framework.
    Regulation 15 1
    15. (1) There shall be established an ad-hoc Access to Land, Acquisition and Resettlement Committee for each submitted framework which shall perform the functions in regulation 17.
    Regulation 15 2
    (2) The Cabinet Secretary shall within twenty-one (21) days of being notified by the Authority of the submission of a complete framework by a project proponent appoint the Committee which shall be comprised of competent representatives from at least the following institutions:
    Regulation 15 2 a
    a) Ministry responsible for petroleum who shall chair the committee;
    Regulation 15 2 b
    b) Ministry responsible for land matters;
    Regulation 15 2 c
    c) Authority who shall be the Secretary;
    Regulation 15 2 d
    d) State department responsible for social protection;
    Regulation 15 2 e
    e) National Environment Management Authority;
    Regulation 15 2 f
    f) National Land Commission; and
    Regulation 15 2 g
    g) relevant/affected county government(s).
    Regulation 15 3
    (3) The Committee may co-opt any other person as it may deem necessary.
    Regulation 16
    16. The Committee shall carry out the following functions:
    Regulation 16 a
    a) review the framework and advise the Cabinet Secretary thereto;
    Regulation 16 b
    b) oversee the management of the framework;
    Regulation 16 c
    c) coordinate with other relevant entities that deal with Access to Land, acquisition, and resettlement; and
    Regulation 16 d
    d) such other functions as may be assigned in writing by the Cabinet Secretary.
    Regulation 17
    17. The Committee shall, within one hundred and twenty (120) days upon its appointment, review the framework in accordance with these Regulations, best petroleum industry practice and relevant written laws, and advise the Cabinet Secretary on the determination of the framework.
    Regulation 18 1
    18. (1) The Committee shall, within ten (10) days of being appointed, prepare and issue a notice:
    Regulation 18 1 a
    a) inviting the public to make written comments on the framework within thirty (30) days; and
    Regulation 18 1 b
    b) inviting the public for a public hearing to be conducted no later than forty-five (45) days after the expiry of the notice period in paragraph (a).
    Regulation 18 2
    (2) The Committee shall, at the expense of the project proponent:
    Regulation 18 2 a
    a) publish the notice on the proposed project in the Gazette and in at least two (2) newspapers of nationwide circulation;
    Regulation 18 2 b
    b) make an announcement of the notice in both official and local languages in radio station(s) widely broadcasting in the area or the proposed area of the project; and
    Regulation 18 2 c
    c) the publications and announcements referred to in (a) and (b) shall be published and announced, as the case may be, at least three (3) times where the first publication and announcement shall be on the first day of the notice period, the second publication and announcement shall be fifteen (15) days after the first publication and announcement, and the third publication and announcement shall be at least seven (7) days before the date of the public hearing.
    Regulation 18 3
    (3) If no written or oral comments are received as stipulated under sub-regulations (1) and (2) above or at the public hearing or such extended period as the Committee may specify, the Committee shall proceed to advise the Cabinet Secretary on the determination of the Framework.
    Regulation 18 4
    (4) The notice under sub-regulation (1) shall be in the form prescribed in the Fifth Schedule.
    Regulation 18 5
    (5) The Committee may on its own motion or on application by any person extend the notice period stipulated in sub-regulation (1) so as to afford reasonable opportunity for public participation.
    Regulation 19 1
    19. (1) The Committee shall in consultation with the relevant National Government Administration Officers, hold a public hearing as stipulated in this regulation.
    Regulation 19 2
    (2) The public hearing shall be conducted at a venue convenient and accessible to people who are likely to be affected by the framework.
    Regulation 19 3
    (3) All public hearings shall be conducted in an informal and non-adversarial forum to create a conducive environment for participation by all stakeholders including youth, women, persons with disabilities and other vulnerable groups to permit a fair and full examination of all information presented.
    Regulation 19 4
    (4) The Committee in consultation with National Government Administration Officers shall determine the rules of procedure at the public hearing.
    Regulation 19 5
    (5) The project proponent shall be given an opportunity to make a presentation and to respond to specific issues raised at the public hearing.
    Regulation 19 6
    (6) Upon the conclusion of the public hearing, the Committee in consultation with National Government Administration Officers shall compile a report of the views presented at the public hearing.
    Regulation 20 1
    20. (1) Notwithstanding sub-regulations 15(3) and 23(3), the Committee may, during the review of the framework or any variation thereof, require any person to provide more information or documents.
    Regulation 20 2
    (2) The information or documents referred to under sub-regulation (1) shall be provided by such person within seven (7) days of the request.
    Regulation 20 3
    (3) For purposes of this regulation, the period of time for review of the framework or of a variation under regulation 18 and sub-regulation 23(4) respectively, shall stop running from the time the request under sub-regulation (2) is made until the Committee has received the information or documents and is satisfied as to their completeness.
  4. Legislation notice 4

    Link
    Body
    Committee, Authority, National Government (Compulsorily acquired land reverts to the National Government in the circumstances prescribed.)
    Issuing authority
    Cabinet Secretary (Determines frameworks and variations, reviews complaints and receives reports.)
    Court
    Tribunal (Hears appeals against decisions of the Cabinet Secretary.), High Court (Hears appeals against decisions or orders of the Tribunal.)
    Regulation 21
    21. (1) Upon receipt of the recommendations from the Committee under regulation 18, the Cabinet Secretary shall within fourteen (14) days: (a) approve the framework; (b) approve the framework with conditions; or (c) reject the framework with reasons. (2) The determination in sub-regulation (1) above shall be communicated to the project proponent in writing.
    Regulation 22
    22. (1) A project proponent may apply to the Authority to vary an approved framework in the form prescribed in the Sixth Schedule and shall submit ten (10) printed copies and an electronic copy of the proposed variation, reasons thereof, impact and any other relevant information, upon payment of a prescribed fee in the Second Schedule. (2) The Authority shall within seven (7) days of submission of the variation under sub regulation (1) conduct a preliminary review of the documentation received from the project proponent to determine the material completeness of the variation. (3) The Authority may request for further information from the project proponent prior to forwarding the proposed variation to the Committee for review. (4) The Committee shall within thirty (30) days of notification by the Authority under sub regulation (3) make a determination as to whether or not the proposed variation is substantive. (5) Where the Committee determines that the proposed variation is substantive, the Committee shall make recommendations to the Cabinet Secretary as to the appropriate review procedure to be applied in reviewing of the proposed variation. (6) Where the Committee determines that the proposed variation is minor, the Committee shall finalize the review and advise the Cabinet Secretary accordingly. (7) Upon receipt of the recommendations from the Committee, the Cabinet Secretary shall within fourteen (14) days: a) make a determination on the applicable review procedure under sub-regulation (5); b) approve the variation with conditions; or c) reject the variation with reasons. (8) The determination in sub-regulation (7) above shall be communicated to the project proponent in writing.
    Regulation 23
    23. (1) The project proponent upon cessation or completion of upstream petroleum operations shall, unless otherwise approved by the Authority, undertake decommissioning and restoration for any Access to Landed and acquired temporarily, permanently, compulsorily or negotiated in accordance with relevant written laws. (2) Where the project proponent fails to utilize compulsorily acquired land for the intended purpose, breaches any term or condition of the lease or upon completion of the upstream petroleum operations on compulsorily acquired land, the land shall revert back to the National Government. (3) Where the National Government intends to dispose of compulsorily acquired land or the compulsorily acquired land is not utilized for the intended purpose, the original owner or occupier shall be given the first right of refusal to acquire the land.
    Regulation 24
    24. (1) The project proponent shall in consultation with the Committee monitor and evaluate the implementation of the framework. (2) The Committee shall oversee monitoring and evaluation of the framework. (3) The project proponent shall submit a detailed report on monitoring and evaluation to the Authority at least thirty (30) days before the end of every calendar quarter, and any other period that may be prescribed. (4) The project proponent shall submit a report on monitoring and evaluation and recommendations, if any, to the Cabinet Secretary every six (6) months, and any other period that may be prescribed.
    Regulation 25
    25. (1) The Cabinet Secretary shall engage an independent expert to undertake a completion audit of the Access to Land and acquisition process. (2) The completion audit shall be undertaken to ensure that the Access to Land and acquisition process is in compliance with applicable standards, planning objectives, commitments of the framework and written laws. (3) The audit shall be undertaken one (1) year after physical and economic displacement has taken place, at least five (5) years after the start of implementation of livelihood restoration measures and at any other time as may become necessary. (4) Upon conclusion of the audit, the expert shall submit a report of his or her findings and recommendations to the Cabinet Secretary.
    Regulation 26
    26. (1) Any data or information with respect to which these regulations apply, shall be managed in accordance with all written laws. (2) Subject to sub-regulation (1) above, the project proponent shall have an obligation to provide access to data and information to the Cabinet Secretary. (3) The Committee’s report documenting the findings shall be prepared and publicly disclosed to the project affected persons and other relevant stakeholders.
    Regulation 27
    27. (1) Where a person is dissatisfied with the resolution of a complaint under the grievance management and conflict resolution process under an approved framework, such person may, in writing, make a complaint to the Committee through the Authority with respect to Access to Land acquisition and resettlement process. (2) Where a person is dissatisfied with the resolution of a complaint by the Committee, such person may, in writing, request the Cabinet Secretary for a review. (3) Where a person is dissatisfied with the decision of the Cabinet Secretary, such person may within thirty (30) days appeal to the Tribunal. (4) Where a complaint is made under sub-regulations (1) and (2), such complaints shall in each case be resolved within sixty (60) days.
    Regulation 28
    28. A person aggrieved by a decision or order of the Tribunal, may within thirty (30) days of such a decision or order, appeal against such decision or order to the High Court or a court of equal status.
    Regulation 29
    29. (1) A person who commits an offence deemed to be an economic crime under the Act, shall upon conviction be liable to penalties described under section 121 of the Act.
    Regulation 34
    34. (2) A person who wilfully trespasses, obstructs, encroaches on, squats, or in any way interferes with land or access to land used or intended to be used for upstream petroleum operations shall upon conviction be liable to the penalties prescribed in the Seventh Schedule.
    Regulation 35
    35. (3) 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 124 of the Act.
    Regulation 36
    36. (4) A person who makes a false statement or a statement which he has reason to believe is untrue, to the Cabinet Secretary or to the Authority, shall upon conviction be liable to penalties prescribed under section 48 of the Act.
    Schedule heading
    FIRST SCHEDULE; Petroleum (Upstream Petroleum Access to Land) Regulations, 2025; Regulation 6(1); The Petroleum Act, No. 2 of 2019
  5. Legislation notice 5

    Link
    Body
    Authority (Receives the completed consent agreement form and notifications of disputes.), County Government (Listed in the land owner and/or occupier particulars in case of unregistered community land.), Registered Community Land Management Committee (Listed in the land owner and/or occupier particulars.)
    Office
    Cabinet Secretary (Receives an original copy of the form and notifications of disputes.)
    Schedule
    Sch. 1
    Regulations
    Petroleum (Upstream Petroleum Access to Land) Regulations, 2025
    Form title
    ACCESS TO LAND CONSENT AGREEMENT FORM
    Submission requirement
    1. A project proponent and owner/occupier of land shall enter into and submit to the Authority a duly completed and signed Access to Land Consent Agreement Form as provided below:
    Original copies
    This Form shall be submitted in complete original copies together with supporting documents; one(1) to the Authority and one (1) to the Cabinet Secretary.
  6. Legislation notice 6

    Link
    Body
    National Land Commission (Receives applications for consent to access land for a survey/inspection to undertake exploration activities relating to petroleum operations.)
    Place
    Nairobi (Printed address of the National Land Commission in Form B.)
    Office
    Director PROJECT PROPONENT (Printed signing position in the blank Form A.)
    Agreement precedence
    2. Where a Project proponent and owner/occupier of land enter into a definitive Access to Land agreement subject to paragraph 3, the Access to Land Consent Agreement Form in paragraph 1 above shall prevail over such other agreement in the event of a conflict or inconsistency.
    Minimum agreement provisions
    3. Any definitive Access to Land agreement entered into between a Project proponent and owner/occupier of land shall contain at a minimum the following provisions: i. Name of the parties ii. Owner of the property iii. Family members of the registered landowner iv. Access to Land fee v. The title/parcel number vi. Effective date vii. Project proponent’s covenants viii. Landowner’s covenants ix. Landowner’s warranties and representations x. Alienation xi. Movable and Project proponent ’s improvements xii. Default and termination xiii. Renewal, if desired xiv. Ancillary rights xv. Notices xvi. Governing law xvii. Dispute resolution xviii. Legal intention to be bound; xix. Date of execution; and xx. Any other relevant clauses.
    Form a notice
    Pursuant to Regulation 6(5) of the Petroleum (Upstream Petroleum Access to Land) Regulations, 2025……., the ……………………………………………. (Project proponent) HEREBY GIVES NOTICE of its intention to enter upon the land described below for purposes of carrying out a survey to undertake exploration activities relating to petroleum operations.
    Form a land fields
    Description of the Land: LAND REGISTRATION NO: ……………………… AREA: ………………………………………………… COUNTY:……………………………………………… GPS CO-ORDINATES: ………………………………
    Form a owner fields
    Details of the Registered Owner NAME OF REGISTERED OWNER………………… LAST KNOWN ADDRESS……………………………
    Form a proponent fields
    Details of the Project proponent NAME OF PROJECT PROPONENT: …………………………………………………………….. CONTACT DETAILS:………………….. ADDRESS: ………………………………………………
    Form a objection provision
    TAKE NOTICE that if no objection is received by the Project proponent in writing, within the next thirty (30) DAYS of publication of this notice, the Project proponent may proceed to enter the subject land in accordance with the Act for purposes of undertaking the Survey/inspection.
    Objections
    30 days, as printed
    Form a execution fields
    Dated………………………………………………………… Director PROJECT PROPONENT
    Form b submission
    To be submitted in TRIPLICATE in respect of each transaction and sent to or left at the appropriate office of the National Lands Commission
    Form b recipient fields
    TO: THE NATIONAL LAND COMMISSION P. O. Box Nairobi Application No………………………………………………
    Form b application
    I/ We HEREBY apply to the NATIONAL LAND COMMISSION for its consent to enter upon land to carry out a survey/inspection of the land to undertake exploration activities relating to petroleum operations for the parcel of land described below, and give the following information:
    Form b application fields
    1. (a) Present registered holder of interest (if Known) (full name in BLOCK LETTERS): ……………………………………………………… (b) Nationality:…………………………………… (c) Address:…………………..…………………… 2. (a) Project proponent /Applicant. (full name in BLOCK LETTERS)
  7. Legislation notice 7

    Link
    Body
    KRA (KRA PIN Certificate and KRA Tax Compliance Certificate listed as attachments), Energy and Petroleum Regulatory Authority (Recipient organisation for the LAARF submission form)
    Recipient
    Director General, Energy and Petroleum Regulatory Authority (LAARF submission form addressed to the Director General)
    Objections
    30 days, as printed
    Consent application declaration
    I/we hereby declare that the above information is true to the best of my/our knowledge, information and belief. I understand that provision of any false statement is an offence under sections 47 and 48 of the Act and may lead to cancellation, suspension or otherwise of the authorisation.
    Framework submission declaration
    I/we hereby declare that the above information is true to the best of my/our knowledge, information and belief. I understand that provision of any false statement is an offence under sections 47 and 48 of the Act and may lead to prosecution and/ cancellation, suspension or otherwise of the Framework.
  8. Legislation notice 8

    Link
    Body
    Energy and Petroleum Regulatory Authority, Access to Land, Acquisition and Resettlement Committee, Ministry responsible for petroleum, Ministry responsible for Mining
    Office
    Cabinet Secretary (Recipient of recommendations in the framework submission form.), Director General, Energy and Petroleum Regulatory Authority (Recipient of written comments in the Fifth Schedule notice form.), LAAR Committee Chairperson (Blank signature field in the Fifth Schedule notice form.)
    Place
    The Energy and Petroleum Regulatory Authority (EPRA) Headquarters (Framework inspection location specified in the Fifth Schedule notice form.)
    Regulations
    Petroleum (Upstream Petroleum Access to Land) Regulations, 2025
    Comments
    30 days, as printed
    Scope
    Page 130 continuation only: conclusion of the Fourth Schedule submission form, Fifth Schedule public consultation notice form, and Sixth Schedule variation application form through the opening of item D4.
  9. Legislation notice 9

    Link
    Body
    LAAR Committee (Receives submission of the framework.), National Lands Commission (Named as a consent authority in the offence under regulation 7(3).)
    Office
    Cabinet Secretary (Receives recommendations.)
    Submission email
    info@epra.go.ke
    Declaration
    I/we hereby declare that the above information is true to the best of my/our knowledge, information and belief. I understand that provision of any false statement is an offence under sections 47 and 48 of the Act and may lead to prosecution and/ cancellation, suspension or otherwise of the Framework.

Schedule 139 rows

ACCESS TO LAND CONSENT AGREEMENT FORM
1. Parties, beneficiaries and PSC/permitProject proponent: Name:___________________ Company registration number:____________ Nationality:_______________ Address:_________________ Production Sharing Contract (PSC): {provide details of parties; execution date; Block; exploration period; start date of exploration period; end date of exploration period} Non-exclusive exploration permit:{ provide details of name permit holder(s); permit number/reference; date of issue; Block, date of expiry; permit area} Land owner and/or occupier: Name:___________________ National identity card number(s), company registration number, etc.: _________________ Address:_________________ Indicate whether: registered owner; registered lessee registered trustee (individual or body corporate); County Government (in case of unregistered community land), Registered Community Land Management Committee; Names of occupiers and/or beneficiaries:____________
2.Particulars of landLand parcel/title registration number: _________ Description of precise physical location (County, area, locality, etc.): ________ Georeferencing of precise physical location: ________ Acreage: ____________ Type of land tenure:______________ End period of land tenure (if any):_______ Type of land use:___________ Description of developments (bare, buildings, crops, forest, etc.):________
3. Description of upstream petroleum operationsList all upstream petroleum operations to be carried out on the land:
4. Project proponent’s covenants4.1 The project proponent confirms that it holds the PSC or non-exclusive exploration permit described in clause 1 and thereby has all lawful authority to conduct the upstream petroleum operations described in clause 3. 4.2 The project proponent shall conduct the upstream petroleum operations described in clause 3 on the Owner’s land in accordance with relevant written laws and as agreed by the Parties herein. 4.3 The project proponent undertakes to compensate the Owner in accordance with these Regulations and all relevant written laws. 4.4 In consideration thereof, the project proponent shall pay rent as agreed by the Parties.
5. Owner’s/occupier’s covenants5.1 The Owner confirms that it is the registered owner; registered lessee; lawful occupier; lawful beneficiary as described in clause 1. 5.2. The Owner/occupier confirms that it possesses all lawful authority, and where necessary has sought and has been granted all such lawful authority, to grant and hereby so grants access to the project proponent to undertake the upstream petroleum operations described in clause 3 on terms and conditions agreed by the Parties. 5.3 The Owner/occupier confirms that it has at all times acted and continues to act of its free will in negotiating and signing this Form and all relevant agreements (if any) with the project proponent.
6. Term and renewalThe term of the access to land shall be from [date] to [date]. The Parties have [agreed] [not agreed] to make provision for renewal/extension of the term for a further period of [defined] [undefined] term.
7. Dispute resolutionBoth Parties agree that they shall exhaust the agreed alternative dispute resolution mechanisms in the event of a dispute/conflict. The Parties shall within seven (7) days notify the Authority and Cabinet Secretary of any dispute/conflict, the progress and resolution thereof. Any such notification to the Authority or Cabinet Secretary shall not entitle either Party to any action and/or remedy by the Authority or Cabinet Secretary with respect to the dispute/conflict.
Dated _________________ at _____________ Project proponent: I/we hereby declare that the above information is true to the best of my/our knowledge, information and belief. I understand that provision of any false statement is an offence under sections 47 and 48 of the Act and may lead to cancellation, suspension or otherwise of the consent. Name of authorized representative:_____ Signature: _________ Official endorsement (if any): ______ Witnessed by________ Owner/occupier: I/we hereby declare that the above information is true to the best of my/our knowledge, information and belief. I understand that provision of any false statement is an offence and may lead to cancellation, suspension or otherwise of the consent. Name of Owner or authorized representative:_____ Signature: _________ Official endorsement (if any): ______ Witnessed by________
List of copies of supporting documents submitted by each party as applicableIncluding but not limited to: o Certified copies of Identification documents for the individuals and Directors o certified copies of duly signed supplemental/definitive Access to Land consent agreement between the Parties o certified copies of official land search o certified copies of company search or an equivalent for foreign companies o certified copies of title document o incorporation certificate o tax compliance certificate o KRA PIN o Any other relevant documents.
FOR OFFICIAL USE ONLY
Date of complete submission
List of submitted attachments
Checked by/date
Verified by/date
APPLICABLE FEES
Regulation no.ItemFees (USD)
6 (2)Submission of Access to Land Consent Agreement FormNil
15(1)Framework Submission50,000
23(1)Framework Variation10,000
Application for consent: continuation of particulars
ItemPrinted text
(b)If a limited liability company, names of directors, authorised and issued share capital and principal shareholders;
(c)Incorporation Certificate No…………………..
(d)Address…………………………………………
(e)PIN No………………………………………….
3.Nature of Consent sought (e.g. consent to enter upon land to carry out a survey of the land to undertake exploration activities relating to petroleum operations) …………………………………………………… ……………………………………………………
4.Term/Time Required (i.e approximate the length of time for which the survey is to take) ……………………………………………………
5.Description of Land-
L.R. or Parcel No……………………………………
Area: …………………………………………………
Locality: …………………………………………….
County:……………………………………………….
6. (a)Estimated value of the land: ……………….KSh (Any other information affecting the amount of the consideration, particularly regarding the description and area of crops with estimated yields and value thereof)
(b)Full description and approximate value of improvements on land ………………………………………………………….
(c)Any other special considerations ………………………………………………………….
7.A Notice to the Public on Access to Land, has been issued pursuant to Regulation 6(5) and the thirty (30) days period have lapsed and no objection has been received by the Project proponent :
a)Date of Notice :…………………………………….
b)Mode of Publication: …………………………….
c)Date of Publication: ………………………………
d)Coverage of the Publication (County, national, international): ………………………………………..
Signature of the Applicant……………………………
Name;……………………………………………………
Designation: ……………………………………………
Name of the Project proponent /Applicant:…………
Witnessed by:………
Date……………………………………………………
Attachments:
ItemAttachment
1.Certificate of Incorporation
2.Copy of Company Search Certificate (CR12)
3.Copy of KRA PIN Certificate
4.Copy of KRA Tax Compliance Certificate
5.Copy of Notice/ Newspaper Advertisement
6.Copy of Land Search
7.Certified copies of Identification Documents of the Directors of the Applicant
ACCESS TO LAND, ACQUISITION AND RESETTLEMENT FRAMEWORK (LAARF) SUBMISSION FORM
PartItemPrinted text
To: The Director General Energy and Petroleum Regulatory Authority
PART A: DETAILS OF PROJECT PROPONENTA1Name of Project proponent………………………
PART A: DETAILS OF PROJECT PROPONENTA2Address…………………………………….
PART A: DETAILS OF PROJECT PROPONENTA3.Production Sharing Contract (PSC): parties; execution date; Block; exploration period; start date of exploration period; end date of exploration period……………………..
PART A: DETAILS OF PROJECT PROPONENTA4.Non-exclusive exploration permit: name of permit holder(s); permit number/reference; date of issue; Block, date of expiry; permit area
PART A: DETAILS OF PROJECT PROPONENTA5Name and designation of the contact person………………………………………
PART A: DETAILS OF PROJECT PROPONENTA6Telephone Number:……………………………………………………
PART A: DETAILS OF PROJECT PROPONENTA7Email:
PART B: Project DescriptionDescription of the proposed project………………………………………………………….
PART C: The LAARFC1Title of the proposed LAARF:………………………………………………………………..
PART C: The LAARFC2Location of the proposed LAARF (L.R. No., area, County and GPS Coordinates)…………………………………….
PART C: The LAARFC3Description of the LAARF activities ……………………
PART C: The LAARFC4.Objectives and scope of the LAARF……………………
PART C: The LAARFC5EIA License No:…………………………………………
PART D: DECLARATION BY THE PROJECT PROPONENTI/we hereby declare that the above information is true to the best of my/our knowledge, information and belief. I understand that provision of any false statement is an offence under sections 47 and 48 of the Act and may lead to prosecution and/ cancellation, suspension or otherwise of the Framework.
PART D: DECLARATION BY THE PROJECT PROPONENTName of authorized representative:_____
PART D: DECLARATION BY THE PROJECT PROPONENTSignature: _________
PART D: DECLARATION BY THE PROJECT PROPONENTOfficial endorsement (if any): ………………………………………..
PART D: DECLARATION BY THE PROJECT PROPONENTWitnessed by…………………………………………………….
PART E: FOR OFFICIAL USEReceived by…………………………Date………………………
Fourth Schedule — continuation on page 130
Printed text
Vetting comments ………………………………………………………………….…… ………………………………………………………………………
Officer………………………Sign…………………………………Date...…………………….
PART F: FOR OFFICIAL USE
Date of submission to the LAAR Committee………………………
Date of submission of recommendations to the Cabinet Secretary…………………………………………………………
Important note;
1.0 Submit Ten (10) hard copies of the framework
2.0 Submit an electronic copy of the framework sent to info@epra.go.ke
3.0 Pay the fees prescribed in Schedule 2.
FIFTH SCHEDULE
Printed text
Regulation 19
Petroleum (Upstream Petroleum Access to Land) Regulations, 2025
Notice to the Public to Submit Comments and Invitation for Public Hearing on Access to Land, Acquisition and Resettlement Framework for [Title of the proposed project] (LAARF)
Pursuant to Regulation 19 of the Petroleum (Upstream Petroleum Access to Land) Regulations, 2025……., the Energy and Petroleum Regulatory Authority has received LAARF Report for the implementation of the proposed LAARF [title of the Framework]…………………………………………………………… ………………………………………………………………………… ……………………………………………………..(brief description of the Framework)………………………………………at ...........•................•....................................................... (locality) of County. The said LAARF anticipates the following effects to the community, landowner(s) and/or environment.
………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… …………………………………….………………… (describe the anticipated resettlement; livelihood restoration, stakeholder engagement, grievance management, implementation programme, etc.).
The Framework of the proposed project may be inspected during working hours at:
(a) Ministry responsible for Petroleum;
(b) Ministry responsible for Mining;
(c) The Energy and Petroleum Regulatory Authority (EPRA) Headquarters;
(d) Relevant County Government offices
(e) Relevant County Commissioner officer
(f) EPRA Regional offices, where applicable;
(g) Ministry responsible for Petroleum, Mining and EPRA websites (accessible 24 hours):
The Access to Land, Acquisition and Resettlement Committee invites members of the public to submit written comments within thirty (30) days of the date of publication of this notice to the Director-General, Energy and Petroleum Regulatory Authority (Authority Physical and Email Address).
The Access to Land, Acquisition and Resettlement Committee invites members of the public for a public hearing to be held at [details of the location]…………. on [date]……………. From [time]…………….
Dated this…………day of………………….20……………………
Signature……………………………………………………………
Project proponent…………………………………………………..
LAAR Committee Chairperson………………………………………
SIXTH SCHEDULE
Printed text
(Regulation 23(1))
Application Ref. No.: ………………………………….
LAARF Approval Ref. No.: ………………………………………
APPLICATION FOR VARIATION OF ACCESS TO LAND, ACQUISITION AND RESETTLEMENT FRAMEWORK (LAARF)
PART A: PREVIOUS APPLICATIONS
A 1: Have there been there previous applications for variation of the LAARF. YES ……. NO ……..
A 2: If yes indicate the application number ………………………………(attach copy)
PART B: DETAILS OF APPLICANT
B 1: Name (Company): ………………………………………………..
B2: Company Registration No ……………………………….
B3: Postal Address: ………………………………………………..…..
B4: Name of contact person: …………………………………………
B5: Nationality: ………………………………………………………..
B5: Designation of contact person: …………………………………….
B6: ID/Passport No: …………………………………………………..
B6: Postal Address of contact person: ………………………………..
B7: Telephone No: …………………………………………………
B8: E-mail: ……………………………………………….. .
PART C: DETAILS OF LAARF APPROVAL
C I: Name of the Project proponent of the LAARF: …………………
C2: Application No. of the LAARF: ………………………………..
C3: Date of approval of the LAARF: ………………………………
PART D: PROPOSED VARIATIONS OF THE LAARF
D1: Approval Conditions in the LAARF: ………………………………………………………………………… ……………………………………......................................................... .......................................................................................
D2: Proposed variation(s): ……………………………………………………………………. ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… ……………
D3: Reason for variation(s): ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… ……………
D4: Describe the changes (the project, implementation of the Framework, resettlement, livelihood restoration, socio-economic and environmental/ecological etc.) arising from the proposed variations: …………………………………………………………………………
Application form continuation
FieldPrinted text
D5Describe how the landowner(s) and the community, implementation of Framework, natural ecosystems might be affected by the proposed variations:
D6Describe how and to what extent the performance requirements set out in the Framework previously approved or previously submitted for this Framework may be affected
D7Describe any additional measures proposed to eliminate, reduce or control any adverse changes arising from the proposed variation(s) process
D8ESIA Licence No:………………………………. Validity period……………………………………
PART E: DECLARATION BY APPLICANTI/we hereby declare that the above information is true to the best of my/our knowledge, information and belief. I understand that provision of any false statement is an offence under sections 47 and 48 of the Act and may lead to prosecution and/ cancellation, suspension or otherwise of the Framework.
On behalf of
Company name and seal
PART E: FOR OFFICIAL USE
Received byDate
Important note;
NumberInstruction
4.0Submit Ten (10) hard copies of the framework
5.0Submit an electronic copy of the framework sent to info@epra.go.ke
6.0Pay the fees prescribed in Schedule 2.
SEVENTH SCHEDULE — OFFENCES AND PENALTIES
RegulationOffencePenalty
6(10)Contravening the provisions relating to seeking consent to access land for petroleum operations in the manner prescribed in sub-regulations 6(1) and (4).A fine of not more than KSh. 5,000,000.00 or imprisonment for a term of not more than three (3) years, or to both.
7(3)Developing upstream petroleum operations, other than conducting a survey or exploratory activities, on any land, without consent from the owner, occupier or the National Lands Commission as the case may be.A fine of not more than KSh. 5,000,000.00 or imprisonment for a term of not more than three (3) years, or to both.
30(2)Wilfully trespassing, obstructing, encroaching on, squatting, or in any way interfering with land or access to land used or intended to be used for upstream petroleum operations.A fine of not more than KSh. 1,000,000.00 or imprisonment for a term of not more than three (3) years, or to both.

Everyone named

Court 2Energy and Petroleum Tribunal · High Court
Bodies 15Energy and Petroleum Regulatory Authority · National Land Commission · ad-hoc Access to Land Acquisition and Resettlement Committee · Access to Land, Acquisition and Resettlement Committee · Ministry responsible for petroleum · Ministry responsible for land matters · State department responsible for social protection · National Environment Management Authority · relevant/affected county government(s) · National Government · Registered Community Land Management Committee · KRA · Ministry responsible for Mining · LAAR Committee · National Lands Commission
Offices 3National Government Administration Officers · Director General, Energy and Petroleum Regulatory Authority · LAAR Committee Chairperson
Places 2Nairobi · The Energy and Petroleum Regulatory Authority (EPRA) Headquarters
Issuing authorityCabinet Secretary for Energy and Petroleum
RecipientDirector General, Energy and Petroleum Regulatory Authority
Also named 7Commission · Authority · Cabinet Secretary · Committee · Tribunal · County Government · Director PROJECT PROPONENT
Law 4Petroleum Act · Energy Act · Community Land Act · Land Act

Corrections 0

Corrected by
No corrigendum in the issues we hold.
Cites
Petroleum Act, Energy Act, section 2 of the Act, Article 67 of the Constitution, Community Land Act, Article 63 of the Constitution, Land Act, Energy Act, section 30(2) of the Act, section 36(4) of the Act, Land Act, Article 64 of the Constitution, Article 62 (1) of the Constitution, Article 60(1) of the Constitution, Community Land Act, Schedule 2, sub-regulations 6(1) and (4)

Cite

Kenya Gazette Notice No. 9278 of 2025, Vol. CXXVII No. 150, 10 July 2025, p. 4334.

Permalink funua.com/notices/2025/9278/.

About this data

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.
Review flag
None on this notice

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