ADVOKS GLOBAL · KENYA
Petroleum Act
101. Regulations for downstream petroleum
Edition: 2026-07-24 · In force
101. Regulations for downstream petroleum
The Cabinet Secretary may, on the recommendation of the Authority , make regulations—(a)defining the kind of petroleum to which the regulations shall apply, and dividing petroleum into classes or categories and making different provisions with regard to such classes or categories;(b)providing for the importation, refining, exportation, landing, loading, shipping, transportation, storage, wholesale and retail of petroleum and prescribing a system of licensing for the purposes aforesaid, the manner in which application for any such licence shall be made, the conditions of licence, the authorities which may grant such licences, the fees which may be charged and any other matters incidental thereto;(c)setting, reviewing and adjusting tariffs and charges for common user storage facilities and refining of petroleum;(d)providing for importation of petroleum through open tendering system and the manner in which such system shall operate;(e)providing for maintenance of minimum operational stocks and procedures thereof;(f)providing for maintenance of strategic stocks and procedures thereof;(g)providing for the mode of sale, metering, documentation and display of prices of petroleum in retail dispensing sites and depots;(h)providing for environmental, health and safety standards associated with the handling, storage and use of petroleum;(i)providing for notice to be given by the owner or master of any ship entering a port with petroleum, and for ascertaining the quantity and specification of any petroleum on board any such ship;(j)determining the places at which, and the conditions on and subject to which, petroleum may be imported, offloaded, landed, stored, loaded or transhipped;(k)providing for the delivery to such officer as may be specified, samples of petroleum landed or intended to be landed and for the testing of such sample;(l)providing for the type and location of the premises in respect of which licences to possess petroleum may be granted, the inspection of premises so licensed and the taking of samples and the testing of petroleum found thereon;(m)governing the design, construction and operation of pipelines, refineries, bulk liquefied petroleum gas facilities, retail dispensing sites, storage depots and providing for the protection of property and the environment and the safety of the public in the construction and operation thereof;(n)governing the design and construction of vehicles to be used in the transportation of petroleum by road, rail, inland or coastal waters;(o)prohibiting or restricting the carriage of goods and passengers in vessels carrying petroleum;(p)prescribing the quantity of petroleum that may be conveyed at any one time or in any one vehicle;(q)prescribing the precautions to be observed in the transportation of petroleum, in the manner of packing and the mode and time of transit and in the loading and unloading of vessels used for such transportation;(r)in consultation with the body responsible for standards, prescribing apparatus for testing petroleum, the tests to be applied and the manner in which tests are to be carried out;(s)in consultation with the body responsible for standards, appointing inspectors and agents for the testing and examination of petroleum and prescribing their powers and duties;(t)prescribing the marking of fuels and categories of the petroleum in which such marking shall be carried out;(u)prescribing for the provision of petroleum data and information to the Authority;(v)providing for the development and coordination of a National oil spill response plan including measures to prevent oil spills and a mechanism for compensation in the event of an oil spill;(w)reviewing and approval of contracts on third party access to midstream petroleum infrastructure on reasonable terms and conditions;(x)reviewing and approval of contracts on the use and access of petroleum logistic facilities;(y)determining the maximum wholesale and retail prices of petroleum and petroleum products;(z)prescribing guidelines and standards to be applied by all licensing authorities to ensure uniform standards of operation in the sector;(aa)governing the qualification and certification of petroleum road tanker drivers;(bb)on the handling of petroleum products in aviation;(cc)on the joint procurement of petroleum products;(dd)prescribing requirements for undertaking businesses dealing with lubricants; and(ee)generally for the better carrying out of the objects and purposes of this Act.