ADVOKS GLOBAL · KENYA
Energy Act
104. Transfer of a licence or permit
Edition: 2022-12-31 · In force
104. Transfer of a licence or permit
(1)A licensee shall not transfer or otherwise divest any rights, powers or obligations conferred or imposed upon the licensee by the licence or permit without the consent of the Authority.(2)The Authority may, on application by any of the following persons, transfer a licence or permit—(a)in the case of a death of the licensee, to the legal representative;(b)in the case of the bankruptcy of the licensee or assignment for the benefit of the licensee's creditors generally, to the lawfully appointed trustee or assignee;(c)in the case of a corporation in liquidation, to the lawfully appointed liquidator;(d)in any case where the licensee becomes subject to a legal disability, to any person lawfully appointed to administer the licensees' affairs; or(e)in the case of voluntary transfer of the undertaking, to the new owner of the undertaking.(3)The Authority shall satisfy itself of the legal, technical and financial competence of the transferee to carry out the undertaking.(4)The transferee shall undertake in writing to comply with the conditions of the licence or permit.(5)The Authority shall not withhold any consent to any application to transfer unless it has reason to believe that public interest is likely to be prejudiced by the transfer.