ADVOKS GLOBAL · KENYA
Energy Act
124. Transfer of licence under this Part
Edition: 2022-12-31 · In force
124. Transfer of licence under this Part
(1)A licensee shall not transfer or otherwise divest any rights, powers or obligations conferred or imposed upon him by the licence without the consent of the Authority.(2)The Authority may, on application by any of the following persons, transfer a licence—(a)in the case of the death of the licensee, to the legal representative of such licensee;(b)in the case of the bankruptcy of the licensee or assignment for the benefit of his 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 licensee's affairs; or(e)in the case of voluntary transfer of the undertaking, to the new owner of the undertaking,and a licence so transferred shall, notwithstanding any other provision of this Act, continue to retain an expiry date existing prior to the transfer of the licence.(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 licence conditions.(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.(6)In this section—"transfer of licence" includes the acquisition of a controlling interest directly or indirectly in the licensee; and"controlling interest" as used with respect to any person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management of that person, whether through the ownership of shares, voting, securities, partnerships or other ownership interests, agreements or otherwise.