ADVOKS GLOBAL · KENYA
Petroleum Act
115. Installation of petroleum infrastructure along roads, railways, etc
Edition: 2026-07-24 · In force
115. Installation of petroleum infrastructure along roads, railways, etc
(1)For the purpose of the production and transportation of petroleum, a contractor or licensee may erect, fix, install or lay any oil or gas pipelines, other infrastructure or apparatus in, through, upon, under, over or across any public street, road, railway, tramway, river, canal, harbour or National Government property in the manner and on the conditions as provided in this Act and any other relevant law.(2)Subject to the provisions of this section, a contractor may break up any street within his area of operation, and may erect petroleum infrastructure along, under or over any such street, and may, from time to time, operate, repair, alter or remove any such infrastructure so erected, laid or constructed:Provided that the person having the control of such street road, railway, tramway, river, canal, harbour or National Government property shall have a prior right to break up and repair such street with reasonable dispatch upon payment to him of a reasonable charge by the contractor or licensee.(3)A contractor or licensee shall, not less than thirty days before exercising any power conferred upon him by this section, give notice in writing to the person concerned of the intention to do so, except in a case of emergency and in such case the contractor shall notify the person concerned as soon as possible after the emergency has arisen.(4)The powers conferred upon a contractor or licensee by this section shall, except in a case of emergency, be exercised only under the superintendence of the person concerned and according to a plan showing the location or route and in terms of specifications approved by the person concerned, or, if any dispute arises in respect of such plan, route or specifications, as may be approved by the licensing authority:Provided that if the said person concerned fails to exercise the powers of superintendence conferred by this section the contractor or licensee may, after giving notice, exercise those powers without such superintendence.(5)Whenever a contractor or licensee carries out any work authorized by this section, he shall comply with the legislation, if any, of the county government concerned and shall complete that work with reasonable dispatch and reinstate the street broken up and remove any debris or rubbish occasioned thereby and shall, while the street is broken up or obstructed, cause the works to be, at all times, fenced and guarded and during the night, adequately lit.(6)If the contractor or licensee fails or unreasonably delays in carrying out the work referred to in subsection (5), the county government concerned may cause the work to be executed at the expense of the said contract.(7)A contractor or licensee shall pay to the said county government the costs reasonably and necessarily incurred by it in executing such work.(8)Nothing in this section shall be construed as relieving a contractor or licensee of any liability in respect of any loss or damage caused by his negligence in carrying out such work or by his failure to comply with the provisions of this section.