ADVOKS GLOBAL · KENYA
Petroleum Act
128. Repeals, savings and transitional provisions
Edition: 2026-07-24 · In force
128. Repeals, savings and transitional provisions
(1)Subject to the provisions of subsection (2), the Petroleum (Exploration and Production) Act (Cap. 308) is repealed.(2)Notwithstanding the provisions of subsection (1)—(a)anything done under the provisions of the Petroleum (Exploration and Production) Act (now repealed) or the Cabinet Secretary under the Petroleum (Exploration and Production) Act (now repealed) before the commencement of this Act shall be deemed to have been done under the provisions of this Act;(b)any statutory instrument issued by the Cabinet Secretary under the provisions of the Petroleum (Exploration and Production) Act (now repealed) before the commencement of this Act shall be deemed statutory instruments granted by the Cabinet Secretary under the provisions of this Act and shall remain in force until specifically revoked under this Act;(c)any revocation of a license under this Act shall not exempt the contractor from any liabilities to which the contractor may have become liable under the Act before such revocation;(d)taxes, profit petroleum and royalties arising from upstream petroleum operations from the effective date of this Act shall be collected by the body responsible for collection of taxes and revenues in Kenya;(e)any subsidiary legislation issued before the commencement of this Act shall, as long as it is not inconsistent with this Act, remain in force until repealed or revoked by subsidiary legislation under the provisions of this Act and shall, for all intents and purposes be deemed to have been made under this Act; and(f)the contractual rights, privileges, liabilities and obligations existing pursuant to the Petroleum (Exploration and Production) Act are preserved.(3)The powers and functions of the Authority under this Act shall in the interim period before the Authority is operationalized be exercised by the Energy Regulatory Commission established under section 4 of the Energy Act, 2006 and the Ministry of Petroleum.(4)The Cabinet Secretary shall, within one year of the coming into force of this Act, operationalize the Authority by notice in the Gazette.