ADVOKS GLOBAL · KENYA
Petroleum Act
99. Offences and attempted offences
Edition: 2026-07-24 · In force
99. Offences and attempted offences
(1)A person who—(a)contravenes any provisions of section 93 on maintenance of minimum operational stock of petroleum;(b)being the owner or operator of a refinery, pipeline, bulk liquefied petroleum gas or natural gas facility, service station, filling station or storage depot or transporter of petroleum, fails to institute appropriate environmental, health or safety control measures;(c)being the owner of a pipeline, refinery or bulk liquefied petroleum gas or natural gas facility, contravenes the provisions of this Act or any regulations made thereunder relating to the construction or operation of a pipeline, refinery or bulk liquefied petroleum gas or natural gas facility or regulations thereof;(d)vandalises, destroys, or interferes in any manner or illegally interconnects with such pipeline;(e)illegally acquires, handles or is in possession of any petroleum products;(f)maliciously misinforms the public leading to economic sabotage;(g)who not being an owner of any petroleum pipeline plant equipment or auxiliaries illegally acquires, handles or is in possession of any petroleum pipeline plant, equipment auxiliaries;(h)who trespasses or encroaches on to any petroleum pipeline wayleaves or installations;(i)who illegally acquires any interest in public land set aside for petroleum infrastructure projects;(j)being the owner of a retail dispensing site or storage depot, contravenes the provisions of this Act relating to the construction or operation of a retail dispensing or site storage depot;(k)being the owner or operator of a bulk storage facility for petroleum products, service station or storage depot, or being the owner of any petroleum stocks, hoards petroleum products;(l)owns or operates an unlicensed petroleum or gas storage, filling or handling facility;(m)refills, rebrands, trades or otherwise deals with liquefied petroleum gas cylinders of another licensee for gain without the said licensee's prior written consent;(n)being the owner of a retail dispensing site, under dispenses or sells above any price that may be recommended by licensing authority Cabinet Secretary from time to time;(o)constructs any facility defined in section 86 without obtaining a construction permit;(p)is in charge or in control of a petroleum tanker transporting or carrying adulterated petroleum or discharges export petroleum in the country;(q)owns a petroleum tanker transporting or carrying adulterated petroleum;commits an offence and shall on conviction, be liable to a fine of not less than—(i)one million shillings, or a term of imprisonment of not less than one year, or to both such fine and imprisonment; if the offence relates to paragraphs (a), (h), (k) and (p) or(ii)ten million shillings, or a term of imprisonment of not less than five years, or to such fine and imprisonment, if the offence relates to paragraphs (b), (c), (d) (e), (f), (g), (i), (j), (l), (m), (n), (o) and (q).(2)A person who attempts to do any such thing as mentioned in subsection (1) commits an offence and shall on conviction, be liable to a fine of not less than—(a)five hundred thousand shillings or a term of imprisonment of not less than six months or to both such fine and imprisonment if the offence relates to subsection (1)(h); and(b)five million shillings or a term of imprisonment of not less than three years or to both such fine and imprisonment if the offence relates to subsections (1)(d), (e), (f), (i), (j), and (m).