GAZETTE NOTICE NO.

11383

THE ENERGY ACT, 2006

(No. 12 of 2006)
PART I
INVITATION OF PUBLIC COMMENTS
PROPOSED REGULATIONS IN RESPECT OF THE LIQUEFIED PETROLEUM
GAS (LPG)
1. PURSUANT to section 110 (3) of the Energy Act, 2006, the Energy
Regulatory Commission hereby invites members of the public to submit
written comments within forty (40) days from the date of publication of this
notice to the Director General, the Energy Regulatory Commission, on the
proposed Regulations in respect of the Liquefied Petroleum Gas (LPG) which
are set out in Part II hereunder.
2. Comments may be hand-delivered, posted, and facsimiled or e-mailed to the
Energy Regulatory Commission.
3. Physical address:
The Energy Regulatory Commission
First Floor, Integrity Centre
Milimani Road
Nairobi
4. Postal address:
P.O. Box 42681 -00100 GPO
Nairobi
5. Facsimile Number: +254 20 2717603
6. E-mail address: info@erc.go.ke

PART II
THE ENERGY ACT, 2006
(No. 12 of 2006)
THE LIQUEFIED PETROLEUM GAS (LPG) REGULATIONS, 2008
Citation.

1. These Regulations may be cited as the Liquefied Petroleum

Gas (LPG) Regulations.

Definitions.

2. In these Regulations, unless the context otherwise requires -

No. 12 of 2006.

Act means the Energy Act, 2006;

"bulk LPG" means LPG contained in a receptacle of a capacity
exceeding eighty kilograms;
"Commission" means the Energy Regulatory Commission
established under section 4 of the Act;

Cap 496.

Kenya Standard means a specification or code of practice

declared by the Council under section 9 of the Standards Act;
licensee means the holder of a licence issued under these
regulations and the word licensed" has a corresponding
meaning ;
liquefied petroleum gas means commercial propane,
commercial butane, commercial pentane and mixture thereof
as specified in the relevant Kenya standard;
LPG Cylinder Exchange Pool means a body set up by LPG
marketing companies, under the oversight of the Minister for
the time being responsible for petroleum energy, to regulate
the exchange of LPG cylinders in order to promote fair
competition;
"LPG storage " means storing LPG in premises consisting one
or more tanks in transit or for sale;
"premises" includes any
(a) vehicle, vessel aircraft or hovercraft ;
(b) installation on land including the foreshore and land
intermittently covered by water, any offshore

installation or any other installation whether floating, or

resting on seabed or the subsoil thereof, or resting on
other land covered with water or the subsoil thereof ;
"retail in LPG" means a form of distribution of LPG by which
the LPG is customarily sold to consumers other than for the
purpose of resale; and the word retailer " has a corresponding
meaning;
standard capacity cylinders means the standard capacity
LPG cylinders of one (1), three (3), six (6), and thirteen (13)
kilogrammes and such cylinders as may be fitted with the
unified valves;
Tribunal means the Energy Tribunal established under
section 108 of the Act;
"wholesale trade" means a form of distribution of LPG by which
LPG is customarily sold for the purpose of resale; and the word
wholesaler " has a corresponding meaning;
unified valve means the unified valve specified in the Kenya
Standard, KS 201:2007
Saving in case
of armed
forces etc.

3. (1) Nothing in these Regulations shall apply to LPG imported,

kept, exported, stored or transported by the armed forces or a
department of the Government.

Licence for
LPG business.

4.(1) A person shall not conduct a business of importation,

storage, exportation, wholesale, transportation, filling or retail
in LPG except under and in accordance with the terms and
conditions of a licence issued by the Commission.
(2) A person who contravenes paragraph (1) commits an
offence and shall, on conviction, be liable to a fine not
exceeding one million shillings, or to a maximum term of
imprisonment of one year, or to both.

Powers of
inspection.

5. (1) The Commission or any person acting on its behalf may

inspect any vehicle, premises or facility reasonably suspected
of being engaged in the business of importation, exportation,
wholesale, retail, storage, filling or transportation of LPG for
the purpose of ascertaining whether the provisions of the Act
and these Regulations relating to such importation,
exportation, wholesale, retail, storage, filling or transportation
of LPG as the case may be are being observed, and, in the

case of a contravention of such provisions, may give such

directions, to be obeyed by the owner, occupier, driver or
person in charge of such vehicle, premises, installation or
facility, as it considers necessary.
(2) Where the Commission calls upon a licensee, by a notice in
writing, to execute any repairs to the licensed premises, which
may, in the opinion of the Commission, be necessary the
licensee shall execute the repairs within such period as may
be fixed by the notice.
(3) A person who resists hinders or obstructs the Commission or
any person acting on its behalf in the course of his duty under
the provisions of paragraph (1) commits an offence and shall,
on conviction, be liable to a fine not exceeding twenty five
thousand shillings for each day or part thereof that the
obstruction occurs.
(4) A person who refuses to obey any order lawfully given under
the provisions of paragraphs (1) and (2) commits an offence
and shall be liable, on conviction, to pay a fine not exceeding
twenty five thousand shillings for each day or part thereof that
the offence continues.
(5) In any case where the person who contravenes the provisions
of paragraphs (1) and (2) is licensed under these Regulations,
the Commission may suspend or revoke his licence.
Reporting of
accidents and
fires.

6. (1) Any accident involving LPG or the transportation of LPG

which causes injury to employees, property damage, or injury
to other persons or an accidental release of LPG and any fire
in which LPG is directly or indirectly involved shall be reported
by a licensee in writing to the Commission as soon as possible
but not later than 48 hours.
(2) A person who contravenes the provisions of paragraph (1)
commits an offence and shall be liable, on conviction, to pay a
fine not exceeding twenty five thousand shillings for each day
or part thereof that the offence continues.
(2) In any case where the person who contravenes the provisions
of paragraph (1) is licensed under these Regulations, the
Commission may suspend or revoke his licence.

Permission by
LPG cylinder
brand owner

7. (1) A person shall not fill or possess LPG in cylinders in

aggregate quantities greater than eighty kilograms without the
permission of the brand owner.
(2) A person shall not alter the branding or deface or damage;
or repair or submit for maintenance an LPG cylinder without
the authority of the brand owner,
(3) A person who contravenes paragraphs (1) and (2) commits
an offence and shall, on conviction, be liable to a fine not
exceeding one million shillings, or to a maximum term of
imprisonment of one year, or to both.
(4) In any case where the person who contravenes the
provisions of paragraphs (1) and (2) is licensed under these
Regulations, the Commission may suspend or revoke his
licence.

Licence
for
importation of
LPG

8. (1) A person shall not conduct a business of importation of

LPG into Kenya except under and in accordance with terms
and conditions of a valid licence issued by the Commission.
(2) A person desirous of obtaining a licence under this part
shall make an application to the Commission in the Form No.1
set out in the Schedule hereto, and such an application shall
be accompanied by(a) declaration to adhere and conform to the specifications
contained in KS 03 91 on the Specifications for Liquefied
Petroleum Gases or any revision thereof;
(b) declaration of compliance with Legal Notice No. 60 of
2003 (relating to the Imports, Exports and Essential
Supplies (Control of Essential Supplies) Order, 2003) and
Legal Notice No. 115 of 2004 (relating to the Imports,
Exports and Essential Supplies (Control of Essential
Supplies) (Amendment) Order, 2004);
(3) A licence to import LPG shall be in the Form No.2 attached in
the Schedule hereto and shall authorize the importation of LPG
only within the Ports of Entry or through Import Routes specified
in the licence.
(4) No person shall import LPG into Kenya unless the vessel
used meets the Kenya Standard and where no standard exists,
the relevant international standards approved by the Kenya

Bureau of Standards.
(5) No person shall import LPG into Kenya by sea or land unless
such person has an oil clean-up plan in compliance with the
national oil policy and has subscribed to membership of the Oil
Spill Mutual Aid Group or other similar body approved by the
Commission.
(6) A person who contravenes paragraphs (4) and (5) commits
an offence and shall, on conviction, be liable to a fine not
exceeding two million shillings, or to a maximum term of
imprisonment of two years, or to both.
(7) In any case where the person who contravenes the provisions
of paragraphs (4) and (5) is licensed under these Regulations,
the Commission may suspend or revoke his licence.
Licence for
bulk LPG
storage.

9. (1) A person shall not conduct a business of bulk LPG storage

except under and in accordance with the terms and conditions
of a valid licence issued by the Commission.
(2) A licence shall not be necessary for bulk LPG storage for
non commercial use in quantities not exceeding eighty
kilograms;
provided that such bulk LPG storage shall be contained in a
secure cylinder that conforms to Kenya Standard KS ISO 4706
on Refillable welded steel gas cylinders and KS 1938 (Part 1
3) on Handling, Storage and Distribution of LPG in Domestic,
Commercial and Industrial Installations or any revisions
thereof.
(3) A licensee shall not conduct a business of bulk LPG
storage in any building constructed of inflammable material.
(4) A licensee shall not offer hospitality, release or otherwise
part with possession of bulk LPG to a person unless that
person has a valid bulk LPG storage licence issued by the
Commission under these Regulations.
(5) A person desirous of obtaining a licence under this
Regulation shall make an application to the Commission in the
Form No.1 set out in the Schedule hereto, and such an
application shall be accompanied by-

No. 8 of 1999.

(a) an environmental impact assessment licence issued in

accordance with the Environmental Management and

Coordination Act, 199 for a new facility or an Environmental
Audit for an existing facility;
No. 6 of 1996.

(b) Certificate of Compliance issued in accordance with the

Physical Planning Act 1996;

Cap. 265.

(c) Copy of approved drawings in accordance with the

Local Government Act with specifications and plans in
duplicate indicating
(i) the facility to be licensed, giving particulars of the
materials and construction;
(ii) the position of the facility in relation to adjoining property
including the distances from neighbouring buildings;
(iii) in the case of an installation, the position and capacity
of all tanks, storage sheds and filling stations, the position
of all buildings, structures or other works within the
installation, and the manner in which the LPG is to be
stored;
(iv) all lighting arrangements including the position of
electric cables, switches and fuse boxes, drainage system,
water connections, fire hydrants and fire-fighting
appliances;

Cap. 265.

(v) A clearance certificate from the Chief Fire Officer in

accordance with the Local Government Act.
(d) a copy of certificate of adherence to the KS 1938 on the
Handling, Storage and Distribution of Liquefied Petroleum Gas in
Domestic, Commercial and Industrial Installations;
(6) One copy of the specifications and plans shall be attached to
the licence by the Commission upon issue thereof.
(7) The site plans shall be drawn to a scale of not less than
1/500th of an inch to one foot and the detail plans to a scale of
not less than 1 /16th of an inch to one foot.
(8) No alterations in the licensed facility or in the method of bulk
LPG storage therein as shown in the licence or in the
specifications and plans attached thereto shall be made without

the authority of the Commission, and if such alterations are

approved, the licence and documents attached thereto shall be
amended by the Commission accordingly.
(9) A person who contravenes paragraphs (3), (4) and (8)
commits an offence and shall, on conviction, be liable to a fine
not exceeding one million shillings, or to a maximum term of
imprisonment of one year, or to both.
(10) In any case where the person who contravenes the
provisions of paragraphs (3), (4) and (8) is licensed under these
Regulations, the Commission may suspend or revoke his licence.
(11) A licence for bulk LPG storage shall be in the Form No.2
attached in the Schedule hereto and shall contain the conditions
specified therein
Licence for
filling LPG into
cylinders.

10. (1) A person shall not conduct a business of filling of LPG

into cylinders except under and in accordance with the terms
and conditions of a valid licence issued by the Commission
(2) A person shall not fill the standard capacity cylinders that
do not conform to KS 201 2007 on Unified Valves for
Liquefied Petroleum Gas Cylinders for Domestic Use Specification (Third Edition) and KS 06-896 on the
Specification for Periodic Inspection, Testing and
Maintenance of Transportable Gas Containers (excluding
dissolved acetylene containers).
(3) A person who contravenes the provisions of paragraph (2)
commits an offence and shall, on conviction, be liable to a
fine not exceeding one million shillings, or to a maximum term
of imprisonment of one year or to both.
(4) In any case where the person who contravenes the
provisions of paragraph (2) is licensed under these
Regulations, the Commission may suspend or revoke his
licence.
(5) A person desirous of obtaining a licence under this
Regulation shall make an application to the Commission in the
Form No.1 set out in the Schedule hereto, and such an
application shall be accompanied by-

No. 8 of 1999.

(a) an environmental impact assessment licence issued in

accordance with the Environmental Management and

Coordination Act 1999 for a new facility

Environmental Audit for an existing facility;

or

an

No. 6 of 1996.

(b) Certificate of Compliance issued in accordance with the

Physical Planning Act 1996;

Cap. 265.

(c) Copy of approved drawings in accordance with the

Local Government Act Chapter 265 with specifications and
plans in duplicate indicating
(i) the facility to be licensed, giving particulars of the
materials and construction;
(ii) the position of the facility in relation to adjoining property
including the distances from neighbouring buildings;
(iii) in the case of an installation, the position and capacity
of all tanks, storage sheds and filling stations, the position
of all buildings, structures or other works within the
installation, and the manner in which the LPG is to be
stored;
(iv) all lighting arrangements including the position of
electric cables, switches and fuse boxes, drainage system,
water connections, fire hydrants and fire-fighting
appliances;

Cap. 265.

(v) A clearance certificate from the Chief Fire Officer in

accordance with the Local Government Act.
(d) a copy of certificate of adherence to the KS 1938 on
the Handling, Storage and Distribution of Liquefied
Petroleum Gas in Domestic, Commercial and Industrial
Installations;
(7) A licence for filling of LPG shall be in the Form No.2 attached
in the Schedule hereto and shall contain the conditions specified
therein

Licence for
11. (1) A person shall not conduct a business of wholesale trade
wholesale
in LPG in cylinders except under and in accordance with the
trade in LPG in
terms and conditions of a valid licence issued by the
cylinders.
Commission.

(2) A person shall not conduct a business of wholesale

trade in LPG in cylinders without the authority of the brand
owner.
(3) A person licensed to conduct a business of wholesale
trade in LPG in cylinders shall not buy or sell LPG in
cylinders from an unlicensed person.
(4) A person who contravenes paragraphs (2) and (3)
commits an offence and shall, on conviction, be liable to a
fine not exceeding one million shillings, or to a maximum
term of imprisonment of one year, or to both.
(5) In any case where the person who contravenes the
provisions of paragraphs (2) and (3) is licensed under these
Regulations, the Commission may suspend or revoke his
licence.
(6) A person desirous of obtaining a licence under this
Regulation shall make an application to the Commission in
the Form No.1 set out in the Schedule hereto, and such an
application shall be accompanied byNo. 8 of 1999.

(a) an environmental impact assessment licence issued in

accordance with the Environmental Management and
Coordination Act 1999 or any revisions thereof for a new
facility or an Environmental Audit for an existing facility;

No. 6 of 1996.

(b) Certificate of Compliance issued in accordance with the

Physical Planning Act 1996;

Cap. 265.

(c) Copy of approved drawings in accordance with the

Local Government Act Chapter 265 with specifications and
plans in duplicate indicating
(i) the facility to be licensed, giving particulars of the
materials and construction;
(ii) the position of the facility in relation to adjoining property
including the distances from neighbouring buildings;
(iii) in the case of an installation, the position and capacity
of all tanks, storage sheds and filling stations, the position
of all buildings, structures or other works within the
installation, and the manner in which the LPG is to be

10

stored;
(iv) all lighting arrangements including the position of
electric cables, switches and fuse boxes, drainage system,
water connections, fire hydrants and fire-fighting
appliances;
Cap. 265.

(v) A clearance certificate from the Chief Fire Officer in

accordance with the Local Government Act.
(d) a copy of certificate of adherence to the KS 1938 on
the Handling, Storage and Distribution of Liquefied
Petroleum Gas in Domestic, Commercial and Industrial
Installations;
(e) a copy of certificate of adherence to the KS 1938 on
the Handling, Storage and Distribution of Liquefied
Petroleum Gas in Domestic, Commercial and Industrial
Installations;
(7) A licence for wholesale trade in LPG in cylinders shall
be in the Form No.2 attached in the Schedule hereto and
shall contain the conditions specified therein

Licence for
retail in LPG in
cylinders.

12. (1) A person shall not conduct a business of retail in LPG in

cylinders except under and in accordance with the terms and
conditions of a valid licence issued by the Commission.
(2) A person licensed to conduct a business of retail in LPG
in cylinders shall not purchase LPG in cylinders from an
unlicensed person.

Cap. 513.

(3) Every retail outlet selling LPG shall have a properly

calibrated weighing instrument in accordance with the
Weights and Measures Act for verification of the net
contents of LPG cylinders.
(4) A person who contravenes paragraphs (2) and (3)
commits an offence and shall, on conviction, be liable to a
fine not exceeding one million shillings, or to a maximum
term of imprisonment of one year, or to both.
(5) In any case where the person who contravenes the
provisions of paragraphs (2) and (3) is licensed under these

11

Regulations, the Commission may suspend or revoke his

licence.
(6) A person desirous of obtaining a licence under this
Regulation shall make an application to the Commission in
the Form No.1 set out in the Schedule hereto, and such an
application shall be accompanied byCap. 265.

(a) Copy of approved drawings in accordance with the

Local Government Act;
(b) Copy of a valid supply agreement with a person licensed
to undertake wholesale business in LPG.
(7) A licence for retail in LPG in cylinders shall be in the
Form No.2 attached in the Schedule hereto and shall contain
the conditions specified therein

Licence
for
transportation
of
LPG.

13. (1) A person shall not conduct a business of transportation of

LPG by road, except under and in accordance with the terms
and conditions of a valid licence issued by the Commission.
(2) The provisions of paragraph (1) shall not apply to LPG in a
private vehicle carried by a consumer in standard capacity
cylinders not exceeding an aggregate quantity of forty
kilograms.
(3) A licensee shall not transport in his vehicle LPG from an
unlicensed person or discharge from his vehicle LPG to a
person not licensed under the provisions of these
regulations.
(4) No person shall drive a vehicle, or engage a driver, for the
purpose of transporting LPG unless such driver

No. 12 of 2006.

(a) has a valid driving licence;

(b) is certified in accordance with the Energy Act
(c) not withstanding the provisions of 4(b) above, has
attended a prescribed basic training course(s) providing
appropriate knowledge of LPG and petroleum products
and in defensive driving
(d) in the case of bulk LPG transportation vehicles has
not driven such class of vehicle for a minimum of four
years or in the case of packaged LPG cylinders has not
driven such class of vehicle for two years;
(e) is of optimal health and fitness;

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(5) A person who contravenes paragraphs (3) and (4)

commits an offence and shall, on conviction, be liable to a
fine not exceeding one million shillings, or to a maximum
term of imprisonment of one year, or to both.
(6) In any case where the person who contravenes the
provisions of paragraph (3) and (4) is licensed under these
Regulations, the Commission may suspend or revoke his
licence.
(7) A person desirous of obtaining a licence under this
Regulation shall make an application to the Commission in
the Form No.1 set out in the Schedule hereto, and such an
application shall be accompanied by(a) Copy of certificate certifying that the vehicle meets the
applicable Kenya Standard for vehicles transporting LPG;
(b) Valid vehicle inspection report;
Cap. 265.

(c) A valid clearance certificate from the Chief Fire Officer

in accordance with the Local Government Act.
(8) A licence for transportation of LPG shall be in the Form
No.2 attached in the Schedule hereto and shall contain the
conditions specified therein

LPG Exchange 14. (1) An LPG Cylinder Exchange Pool shall be established to
Pool.
regulate the exchange of LPG cylinders among the LPG
marketing companies.
(2) A person shall not conduct a business of filling and
wholesaling of LPG in cylinders unless such a person is a
member of the LPG Cylinder Exchange Pool.
(3) A member of the LPG Cylinder Exchange Pool shall accept or
recognize for exchange a cylinder belonging to another
member.
(5) A person who contravenes paragraphs (2) and (3) commits
an offence and shall, on conviction, be liable to a fine not
exceeding one million shillings, or to a maximum term of
imprisonment of one year, or to both.

13

(6) In any case where the person who contravenes the provisions
of paragraph (2) and (3) is licensed under these Regulations, the
Commission may suspend or revoke his licence.
(7) A person desirous of membership to the LPG Cylinder
Exchange Pool shall make an application to the Commission
in the Form No.1 set out in the Schedule hereto, and such
an application shall be accompanied by- (a) a copy of certificate of ownership of a minimum of five
thousand cylinders of a particular brand conforming to KS
201 2007 on Unified Valves for Liquefied Petroleum Gas
Cylinders for Domestic Use - Specification (Third Edition)
(b) a copy of a valid licence from the Commission.
(d) a copy of certificate of adherence to KS 06-896 on the
Specification for Periodic Inspection, Testing and
Maintenance of Transportable Gas Containers (excluding
dissolved acetylene containers) or any revisions thereof.
Standard
capacities of
LPG cylinders

15. (1)The standard capacities of cylinders for filling with LPG

shall be one (1), three (3), six (6) and thirteen (13) kilogrammes,
and such cylinders shall be fitted with unified valves.
(2) No LPG cylinders shall be manufactured in, or imported into,
Kenya other than those of capacities, and fitted with unified
valves, specified in paragraph (1).
(3) All LPG cylinders existing immediately before the provisions
of this Regulation takes effect shall be fitted with unified valves
before April 1, 2009.
Any cylinder not in the categories specified in paragraph (1) shall
not be allowed for filling with LPG after 1st October 2010.

Responsibilities 16. (1) The licensee shall take all reasonable and proper steps to
of licensee.
ensure that (a) the provisions of these Regulations and the conditions of
the licence are known to, and observed by, all persons
employed in or about the licensed premises;
(b) unauthorized persons do not have access to the licensed

14

premises.
Appeal against 17. Any person aggrieved by an order or decision of the
a decision of
Commission made under the provisions of these Regulations
the
may, within thirty days of receipt of such order or decision
Commission.
appeal to the Tribunal.
Revocation of
Rules under
Cap 116.

18. The Petroleum (Amendment) Rules, 2006, (Sub Leg. LN. No.
114/2006 made under the repealed Petroleum Act are
revoked.

15

SCHEDULE
(Regulations, 8,9,10,11,12,13,14)
Form No. 1
APPLICATION FORM FOR A PETROLEUM BUSINESS LICENCE
(A separate application form must be completed in respect of each separate business establishment)
1. Name of business/applicant _____________________________________________________________
2. Details of applicant:
a) Income Tax Personal Identification Number(s)______________________________________
b) Postal address ______________________________________________________________
c) Location of business premises:
Plot No _______________________ Building Name _________________________________
Street/Market __________________________________________________
Town/District ___________________________________________________
3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the
case may be.
Name

Nationality

_____________________

______________________

(Where applicable
No. of shares held)
_____________________

_____________________

______________________

_____________________

_____________________

______________________

_____________________

_____________________

______________________

_____________________

(any additional information should be submitted on a separate sheet of paper.)

4. Full description of the business (es) for which the licence is required
__________________________________________________________________________________

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5. (a) Indicate the number and date of issue of any licence previously held under the Act.
__________________________________________________________________________________
6. State if you are or any of your partners/directors is an undischarged bankrupt. (If so indicate the names.)
__________________________________________________________________________________
7. (a) Has any previous application for a licence been rejected under the Act? (If so, give
details)
______________________________________________________________________________
(b) Has any previous licence been cancelled under the Act?
______________________________________________________________________________
8. (a) Certified copies of the following documents should be submitted with the application for a
licence:
(i)
If the applicant is a Kenyan, a copy of both sides of ID card or if a non-Kenyan current work
permit together with copies of pages 1 and 5 of the passport;
(ii)
Relevant entry permit(s) for non-citizens;
(iii)
Either copies of Business name Registration Certificate or Certificate of Incorporation and
Memorandum and articles of Association in case of a company (whichever is applicable);
(iv)
Lease agreement or letter from landlord confirming tenancy.
(v)
PIN and VAT certificates.
(vi)
Appicable documents specified under these regulations.
(b) An applicant for renewal of a licence shall submit only a photocopy of the current
licence.
9. CONDITIONS FOR IMPORTING AND MARKETING PETROLEUM PRODUCTS IN KENYA
1. CRUDE OIL PROCESSING
Companies importing petroleum products for the Kenyan market shall participate in the processing of
base
load
crude
oil
at
the
Kenya
Petroleum
Refineries Ltd (KPRL) and also undertake their imports through the open tender system.
2. MINIMUM OPERATIONAL STOCKS
Companies importing petroleum products for marketing in Kenya shall maintain 20 days minimum
operational stocks of liquid petroleum products and 10 days stock of LPG.
3. SUBMISSION OF SALES DATA
Companies marketing petroleum products in Kenya shall submit monthly sales data.

17

DECLARATION
i.

I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the
regulations issued there under and agree to abide with them.

ii.

I/We hereby certify that the information given above is to my/our knowledge true and accurate.

iii.

I/We understand that it is an offence to give false information in an application for a licence.

iv.

I/We understand that it is a serious offence to divert into the Kenyan market petroleum products
destined for export.

v.

I/We understand that any person or company found diverting export petroleum products to the
Kenyan market, either directly or indirectly shall have the their licence revoked.

vi.

I/We understand that I/We should conduct an honest petroleum business and shall ensure that
my/our Company shall not promote the diversion of export petroleum products into the Kenyan
market either directly or indirectly.

vii.

I/We hereby confirm that our Company/Business shall abide by the above terms and conditions
with regard to importation and marketing of petroleum products in Kenya. I/We also understand
that the trade licence issued for importation of petroleum for the Kenyan market is subject to these
conditions.

Name

of Company: _____________________________________________________

Name and ID of
Person signing
The Declaration:

__________________________________________________

Designation and telephone No.:_______________________________________________

Signature & Stamp: ________________________________________________________
Date: ___________________________________________________________________
FOR OFFICIAL USE ONLY
1. Date application received:
2. Date of meeting of Petroleum Licencing Committee:
3. Decision of Petroleum Licencing Committee.
Members present:

Signature

1.
2.

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3.
4.
(a) If application is deferred or rejected, date of letter advising applicant accordingly.

4. Date of review of application

Decision of Committee
Members present:

Signature

1.
2.
3.
4.
4. Licence details
No. ________________Date issued___________________Expiry date____________________

19

Form No. 2
(Regulations, 8,9,10,11,12,13)

PETROLEUM BUSINESS LICENCE

Licence is hereby granted to

of P.O. Box

to carry

on the following petroleum business:

on premises situated at Plot No.:
Building:
Street/Market:
Town/District:
This licence expires on:
Dated this
Signature _________________________________
(SEAL)
Director General
Energy Regulatory Commission

Dated the 24th November, 2008

Eng. Kaburu Mwirichia

Director General
Energy Regulatory Commission

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