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Petroleum Act

127. Regulations

Edition: 2026-07-24 · In force

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127. Regulations

Without limiting the generality of section 126, the Cabinet Secretary may make regulations with respect to the following—
(a)the rates, or the method of setting the rates, at which petroleum and water may be recovered from any well or petroleum reservoir;
(b)the fees including and not limited to surface fees, training fees and signature bonus, royalties or any other payments to be made by the contractor under a petroleum agreement;
(c)the opening up of areas for upstream petroleum operations;
(d)terms and conditions for petroleum agreements;
(e)requirements and procedures for unitization;
(f)terms and conditions for the application and approval of non-exclusive exploration permit;
(g)terms and conditions for the application and approval of drilling permits;
(h)authority granted under a drilling permit, procedures and methods for drilling wells;
(i)terms and conditions for the application and approval of production permits;
(j)authority granted under a production permit, procedures and methods for the production wells;
(k)terms and conditions for the application and approval of plugging and abandonment permits;
(l)authority granted under a plugging and abandonment permit, procedures and methods for the plugging and abandonment of wells;
(m)the contractor's schedule for exploration and production within a block;
(n)obligations for exploration operations and associated expenditures;
(o)procedure, conditions and terms for the assignment or transfer of rights and obligations of a contractor under a petroleum agreement;
(p)registration of contractors;
(q)operations and management of the National Data Centre;
(r)the manner in which reports, data, information and accounts relating to upstream petroleum operations shall be submitted to the Authority;
(s)conduct of field inspections, controls and enforcement methods and procedures of the contractors' operations;
(t)procedures regarding the revocation or termination of petroleum agreements and decommissioning, abandonment and site rehabilitation;
(u)conduct of upstream petroleum operations, conservation of petroleum resources and measures relating to safety, environmental protection and the management, production, transportation, storage, treatment and disposal of waste, pollution and accidents;
(v)procedures and terms for performance security measures required to be provided by contractors;
(w)procedures for protection, safety, and security of contractor personnel, equipment, materials, facilities, and supplies in petroleum operations;
(x)criteria for the evaluation of the petroleum agreement applications and approval of requests for extensions of petroleum agreements;
(y)terms and conditions for the exploration, production, development, allocation and sharing of petroleum;
(z)terms and conditions for flaring of natural gas during facility and well testing, emergencies or for safety reasons;
(aa)regulations to govern the interests of the County Governments and local communities where upstream petroleum operations are being conducted;
(bb)local content development, capacity building and development in the upstream petroleum sector;
(cc)construction, erection, maintenance, operation or use of upstream petroleum facilities;
(dd)pressure maintenance in, or the re-pressuring of a petroleum reservoir by re-injection of natural gas;
(ee)secondary or tertiary recovery of petroleum from a petroleum reservoir and the methods to be used in such recovery;
(ff)re-injection wells that are for sub-surface disposal of petroleum waste, brine, waste water and other substances produced in association with the exploration for or the recovery of petroleum;
(gg)viable use and sustainable markets for (associated and/or non-associated) natural gas discoveries;
(hh)methods to be used for the measurement of petroleum, brines and liquid wastes, and other substances produced from a well or petroleum reservoir;
(ii)requirements for the submittal of well samples, including petroleum, brine and liquid wastes, gas, rock chips, and rock cores to the Authority, receipt and analysis of well logs, geophysical surveys, geologic mapping, down-hole geological and engineering investigations, well construction and other forms of technical reports and research documents;
(jj)co-ordination of contractor safety, emergency preparedness and evacuation procedures, and suspension of upstream petroleum operations;
(kk)framework for transparency and accountability in the upstream petroleum sector;
(ll)guidelines for accreditation of institutions offering or intending to offer training in upstream petroleum operations; and
(mm)formation of business relationships between international oil companies and Kenyan companies for the purpose of technology, experience, knowledge and expertise acquisition;
(nn)the manner in which information on upstream petroleum can be accessed;
(oo)the method of public consultations and participation; and
(pp)a grievance redress process to the Authority.
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Source: Kenya Law