ADVOKS GLOBAL · KENYA
Petroleum Act
24. Operational permits
Edition: 2026-07-24 · In force
24. Operational permits
(1)A contractor who intends to conduct upstream petroleum operations shall apply to the Authority for an operational permit.(2)The provisions of section 23(2) shall apply with respect to operational permits under subsection (1).(3)Despite the generality of subsection (1), a contractor shall apply to the Authority for an operational permit to—(b)develop and produce petroleum;(c)construct petroleum gathering systems in the field;(d)build a crude oil storage facility;(e)plug or abandon an individual well;(f)operate an underground injection control well;(g)convert an individual well to an underground injection control well;(h)decommission or abandon an upstream petroleum facility;(i)develop, build, construct or operate a gas processing facility; or(j)remediate and reclaim upon the abandonment of a well or facility.(4)A contractor shall apply to the Authority for an operational permit for each well.(5)An application for an operational permit shall include—(a)drilling permit for exploration, appraisal, development and production wells;(b)the global positioning system (GPS) location of each well;(c)a commitment by the contractor of the contractor's ability to construct a well site, access road to the well site, facilitate mobility of equipment, supplies, and materials to the well site during drilling, monitoring, appraisal and evaluation activities;(d)a development and production permit which shall specify the system of production facilities, such as tank batteries, production units, flow lines and gathering lines, and other equipment, as deemed necessary to conduct production activities; and(e)a plugging and abandonment permit which shall indicate the proper methodology approved by the Authority in consultation with the Government agency responsible for environmental management, and complete restoration of the individual well site, well site access road and removal of all equipment, supplies and materials used during drilling and production.(6)The designation of a well for drilling shall be as stipulated by Regulations made by the Cabinet Secretary and shall consist of—(a)the name of the prospect, reservoir or field in which the well is to be drilled; and(b)the serial number which indicates the chronological order in the drilling sequence for the prospect or field.(7)A contractor shall identify each by a unique designation indicating the block name and the basin in which it is located.(8)The Authority, in collaboration with the contractor and any other relevant stakeholder, shall give the local community in a place where upstream petroleum operations are to be permitted adequate opportunity to participate in the process of reviewing and awarding permits under this Act.(9)The Authority shall, in carrying out public participation under subsection (8)—(a)conduct the public participation through such means as may be necessary to ensure that the citizens within the respective county and the relevant stakeholders—(i)are informed of any decision to be undertaken under this Act which affects them;(ii)have sufficient notice of at least twenty-one working days of any decisions to be made or permits to be issued which may affect them; and(iii)have an opportunity to obtain information with respect to any permit issued or decision made under sub-paragraph (i) or to submit their concerns or any information that they may have with respect to the issue under consideration;(b)conduct the public participation through such fora as may be necessary for effective public participation under paragraph (b) including the structures for citizen participation established by a county government pursuant to section 91 of the County Governments Act;(c)publish any notices required for the purpose of informing the public through such forums including at least one newspaper of local circulation within the local community which is to be affected by the issue under consideration.(10)A person who contravenes the provisions of this section commits an offence and upon conviction shall be liable to a fine of not less than ten million shillings or to a term of imprisonment of not less than two years or both.