Professional Documents
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11383
PART II
THE ENERGY ACT, 2006
(No. 12 of 2006)
THE LIQUEFIED PETROLEUM GAS (LPG) REGULATIONS, 2008
Citation.
Definitions.
No. 12 of 2006.
Cap 496.
Licence for
LPG business.
Powers of
inspection.
Permission by
LPG cylinder
brand owner
Licence
for
importation of
LPG
Bureau of Standards.
(5) No person shall import LPG into Kenya by sea or land unless
such person has an oil clean-up plan in compliance with the
national oil policy and has subscribed to membership of the Oil
Spill Mutual Aid Group or other similar body approved by the
Commission.
(6) A person who contravenes paragraphs (4) and (5) commits
an offence and shall, on conviction, be liable to a fine not
exceeding two million shillings, or to a maximum term of
imprisonment of two years, or to both.
(7) In any case where the person who contravenes the provisions
of paragraphs (4) and (5) is licensed under these Regulations,
the Commission may suspend or revoke his licence.
Licence for
bulk LPG
storage.
No. 8 of 1999.
Cap. 265.
Cap. 265.
No. 8 of 1999.
or
an
No. 6 of 1996.
Cap. 265.
Cap. 265.
Licence for
11. (1) A person shall not conduct a business of wholesale trade
wholesale
in LPG in cylinders except under and in accordance with the
trade in LPG in
terms and conditions of a valid licence issued by the
cylinders.
Commission.
No. 6 of 1996.
Cap. 265.
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stored;
(iv) all lighting arrangements including the position of
electric cables, switches and fuse boxes, drainage system,
water connections, fire hydrants and fire-fighting
appliances;
Cap. 265.
Licence for
retail in LPG in
cylinders.
Cap. 513.
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Licence
for
transportation
of
LPG.
No. 12 of 2006.
12
LPG Exchange 14. (1) An LPG Cylinder Exchange Pool shall be established to
Pool.
regulate the exchange of LPG cylinders among the LPG
marketing companies.
(2) A person shall not conduct a business of filling and
wholesaling of LPG in cylinders unless such a person is a
member of the LPG Cylinder Exchange Pool.
(3) A member of the LPG Cylinder Exchange Pool shall accept or
recognize for exchange a cylinder belonging to another
member.
(5) A person who contravenes paragraphs (2) and (3) commits
an offence and shall, on conviction, be liable to a fine not
exceeding one million shillings, or to a maximum term of
imprisonment of one year, or to both.
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(6) In any case where the person who contravenes the provisions
of paragraph (2) and (3) is licensed under these Regulations, the
Commission may suspend or revoke his licence.
(7) A person desirous of membership to the LPG Cylinder
Exchange Pool shall make an application to the Commission
in the Form No.1 set out in the Schedule hereto, and such
an application shall be accompanied by- (a) a copy of certificate of ownership of a minimum of five
thousand cylinders of a particular brand conforming to KS
201 2007 on Unified Valves for Liquefied Petroleum Gas
Cylinders for Domestic Use - Specification (Third Edition)
(b) a copy of a valid licence from the Commission.
(d) a copy of certificate of adherence to KS 06-896 on the
Specification for Periodic Inspection, Testing and
Maintenance of Transportable Gas Containers (excluding
dissolved acetylene containers) or any revisions thereof.
Standard
capacities of
LPG cylinders
Responsibilities 16. (1) The licensee shall take all reasonable and proper steps to
of licensee.
ensure that (a) the provisions of these Regulations and the conditions of
the licence are known to, and observed by, all persons
employed in or about the licensed premises;
(b) unauthorized persons do not have access to the licensed
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premises.
Appeal against 17. Any person aggrieved by an order or decision of the
a decision of
Commission made under the provisions of these Regulations
the
may, within thirty days of receipt of such order or decision
Commission.
appeal to the Tribunal.
Revocation of
Rules under
Cap 116.
18. The Petroleum (Amendment) Rules, 2006, (Sub Leg. LN. No.
114/2006 made under the repealed Petroleum Act are
revoked.
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SCHEDULE
(Regulations, 8,9,10,11,12,13,14)
Form No. 1
APPLICATION FORM FOR A PETROLEUM BUSINESS LICENCE
(A separate application form must be completed in respect of each separate business establishment)
1. Name of business/applicant _____________________________________________________________
2. Details of applicant:
a) Income Tax Personal Identification Number(s)______________________________________
b) Postal address ______________________________________________________________
c) Location of business premises:
Plot No _______________________ Building Name _________________________________
Street/Market __________________________________________________
Town/District ___________________________________________________
3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the
case may be.
Name
Nationality
_____________________
______________________
(Where applicable
No. of shares held)
_____________________
_____________________
______________________
_____________________
_____________________
______________________
_____________________
_____________________
______________________
_____________________
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5. (a) Indicate the number and date of issue of any licence previously held under the Act.
__________________________________________________________________________________
6. State if you are or any of your partners/directors is an undischarged bankrupt. (If so indicate the names.)
__________________________________________________________________________________
7. (a) Has any previous application for a licence been rejected under the Act? (If so, give
details)
______________________________________________________________________________
(b) Has any previous licence been cancelled under the Act?
______________________________________________________________________________
8. (a) Certified copies of the following documents should be submitted with the application for a
licence:
(i)
If the applicant is a Kenyan, a copy of both sides of ID card or if a non-Kenyan current work
permit together with copies of pages 1 and 5 of the passport;
(ii)
Relevant entry permit(s) for non-citizens;
(iii)
Either copies of Business name Registration Certificate or Certificate of Incorporation and
Memorandum and articles of Association in case of a company (whichever is applicable);
(iv)
Lease agreement or letter from landlord confirming tenancy.
(v)
PIN and VAT certificates.
(vi)
Appicable documents specified under these regulations.
(b) An applicant for renewal of a licence shall submit only a photocopy of the current
licence.
9. CONDITIONS FOR IMPORTING AND MARKETING PETROLEUM PRODUCTS IN KENYA
1. CRUDE OIL PROCESSING
Companies importing petroleum products for the Kenyan market shall participate in the processing of
base
load
crude
oil
at
the
Kenya
Petroleum
Refineries Ltd (KPRL) and also undertake their imports through the open tender system.
2. MINIMUM OPERATIONAL STOCKS
Companies importing petroleum products for marketing in Kenya shall maintain 20 days minimum
operational stocks of liquid petroleum products and 10 days stock of LPG.
3. SUBMISSION OF SALES DATA
Companies marketing petroleum products in Kenya shall submit monthly sales data.
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DECLARATION
i.
I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the
regulations issued there under and agree to abide with them.
ii.
I/We hereby certify that the information given above is to my/our knowledge true and accurate.
iii.
I/We understand that it is an offence to give false information in an application for a licence.
iv.
I/We understand that it is a serious offence to divert into the Kenyan market petroleum products
destined for export.
v.
I/We understand that any person or company found diverting export petroleum products to the
Kenyan market, either directly or indirectly shall have the their licence revoked.
vi.
I/We understand that I/We should conduct an honest petroleum business and shall ensure that
my/our Company shall not promote the diversion of export petroleum products into the Kenyan
market either directly or indirectly.
vii.
I/We hereby confirm that our Company/Business shall abide by the above terms and conditions
with regard to importation and marketing of petroleum products in Kenya. I/We also understand
that the trade licence issued for importation of petroleum for the Kenyan market is subject to these
conditions.
Name
of Company: _____________________________________________________
Name and ID of
Person signing
The Declaration:
__________________________________________________
Signature
1.
2.
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3.
4.
(a) If application is deferred or rejected, date of letter advising applicant accordingly.
Signature
1.
2.
3.
4.
4. Licence details
No. ________________Date issued___________________Expiry date____________________
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Form No. 2
(Regulations, 8,9,10,11,12,13)
of P.O. Box
to carry
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