Petroleum (Liquefied Petroleum Gas) Regulations, Legal Notice no. 101 of 2025

1.   These Regulations may be cited as the Petroleum (Liquefied Citation. Petroleum Gas) Regulations, 2025.

2.   In these Regulations, unless the context otherwise requires— Interpretation. “Act” means the Petroleum Act; Cap. 308. “approved person” means a person approved to inspect pressure Cap. 236A. vessels under the Occupational Safety and Health Act; “appropriate fitting” means a fitting which— (a)   has been designed for the purpose of effecting a gas tight seal in a pipe or other gas way; (b)   achieves the purpose in paragraph (a) when fitted; and (c)   is secure, so far as is reasonably practicable, against unauthorised opening or removal; “authorised distributor” means a person licensed by the Authority to sell liquid petroleum gas in cylinders in wholesale and has been appointed by a brand owner as his agent; “Authority” means the Energy and Petroleum Regulatory Cap 314. Authority established under Section 9 of the Energy Act; “autogas” means liquefied petroleum gas used in internal combustion engines; “autogas retrofit system” means a system comprising of a liquid petroleum container, piping, fittings and instruments installed in a motor vehicle to allow it to run on liquid petroleum gas; “brand caretaker” means a licensee appointed by the Authority to operate the cylinders of a distressed brand owner; “brand owner” means a person who is the registered owner of a cylinder; “bulk liquid petroleum gas” means liquefied petroleum gas of a combined quantity exceeding eighty kilograms; “bulk storage” means storage capacity for liquefied petroleum gas exceeding eighty kilograms; Kenya Subsidiary Legislation, 2025 1263 “Bulk Storage Vessel” means horizontal or vertical storage vessel of capacity exceeding 500 L and of the above-ground, buried, mounded (semi-buried) or semi-mounded type; “certified person” means a person in possession of relevant training from an institution whose training program and the curriculum has been accredited by the National Industrial Training Authority; “central tracking system” means a national program for the monitoring and authenticating liquefied petroleum gas transactions to ensure legitimate trade in liquid petroleum gas cylinders; “combustible material” means substances that can ignite and burn when exposed to heat or fire; “consumer charter” means a document which gives details of service delivery terms, payment, response times and overall quality of service standards; “consumer” has the meaning assigned to it in the Act; “conversion centre” means a place where a motor vehicle is modified so that it can run on both liquid petroleum gas and petrol or diesel; “cylinder deposit” means the amount of money collected by the brand owner or his appointed wholesaler or retailer at the point of sale as security for the liquefied petroleum gas cylinder; “cylinder seal” means a cap placed on the valve of the cylinder for the purposes of preventing tampering as well as ingress of water or dust into the valve; “distressed brand owner” means a brand owner who has failed to meet the requirements for the renewal of a licence or who has failed to renew his licence, in either case for more than twelve months from the expiry of the previous license; “filling or refilling” means the packaging of liquefied petroleum gas into cylinders; “fire safety auditor” means a person registered as a fire safety Cap 236A. professional under the Occupational Safety and Health Act; “hospitality” means a contract between a licensed business with a licensed facility owner for storage or refilling of liquid petroleum gas into cylinders “import route” means the prescribed import route under the East African Community Customs Management Act, 2004; “importer” means a person licensed to import bulk liquefied petroleum gas under the Act; “installation pipework” means any pipework for conveying gas for a particular consumer and any associated valve or other gas fitting including any pipework used to connect a gas appliance to other installation pipework and any shut off device at the inlet to the appliance, but it does not mean— 1264 Kenya Subsidiary Legislation, 2025 (a)   a service pipe; (b)   a pipe in a gas appliance; (c)   any valve attached to a storage container or cylinder; or (d)   service pipework; “Kenya Bureau of Standards” means the body responsible for Cap 496. standards in Kenya as established under the Standards Act; “Kenya Standard’’ means the specification or code of practice Cap 496. provided under the Standards Act; “landlord” means— (a)   where the relevant premises are occupied under lease, the person for the time being entitled to the reversion expectant on that lease; and (b)   where the relevant premises are occupied under licence, the licensor, except that where the licensor is himself a tenant in respect of those premises, it means the person referred to in paragraph (a); “lease” means— (a)   a lease for a term of less than seven years; (b)   a tenancy for a periodic term; and (c)   any right to occupy the relevant premises during any period in which the execution of an order for eviction from the premises is suspended, but only where the stay of eviction is granted to a person who was a tenant or sub-tenant of the premises under a lease or tenancy referred to in paragraphs (a) or (b), and in determining whether a lease is one which falls within paragraph (a)— (i)   any part of the term which falls before the grant shall be left out of account and the lease shall be treated as a lease for a term commencing with the grant; (ii)   a lease which is determinable at the option of the lessor before the expiration of seven years from the commencement of the term shall be treated as a lease for a term of less than seven years; and (iii)  a lease (other than a lease to which paragraph (b) applies) shall not be treated as a lease for a term of less than seven years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to seven years or more; “licensee” means a person who is a holder of a licence issued under these Regulations; “licensing agent” means a person appointed by the Authority Cap 314. under section 21 of the Energy Act; Kenya Subsidiary Legislation, 2025 1265 “liquefied petroleum gas business” means the importation, exportation, filling, storage, wholesale, retail or transportation of liquefied petroleum gas in bulk, or in cylinders, reticulation as well as internal combustion engine fuels; “liquefied petroleum gas has the meaning assigned to it in the Act; “load port” means the immediate previous country of origin where the liquid petroleum gas was loaded for transit to Kenya; “liquid petroleum gas appliance” means an equipment that utilises liquid petroleum gas for heating, lighting, cooking; “liquid petroleum gas emergency” means a situation that requires urgent attention to mitigate against injury to persons, loss of life or negative environmental impacts; “liquid petroleum gas consumer site” means a facility used by a consumer to store bulk liquid petroleum gas for own use; “liquid petroleum gas cylinder bank” means a centralized storage system for liquid petroleum gas consisting of series of liquid petroleum gas cylinders, piping and fittings to provide an uninterrupted supply of gas to consumers; “liquid petroleum gas fittings” means gas pipework and components in a pipe network system such as valves (other than emergency controls), regulators and meters, used in the conveyance and control of liquid petroleum gas; “liquid petroleum gas installation licence” means a licence authorizing a person to carry out installation work for, business, training, or teaching purposes either for gain or reward or for no charge at all; “liquid petroleum gas installation work” means the work of installing, altering or adding to a liquefied petroleum gas installation and the supervision of such work; “liquid petroleum gas installation” means the piping system including associated apparatus to be used for purposes of liquid petroleum gas supply or distribution supply line or apparatus placed in, on or over land or a building and used or intended to be used for or for purposes incidental to the conveyance, control or use of liquid petroleum gas supplied or intended to be supplied by a licensee, and includes additions and alterations to an installation; “liquid petroleum gas installer” means a person licensed to carry out installation work as specified in the licence issued to him; “liquid petroleum gas recovery equipment” means equipment such as mobile cranes, transfer pumps and compressors and other similar equipment used in the recovery of liquid petroleum gas from a tanker to another; “metered systems” means a set of equipment and apparatus for the use in conveying which is has means of volumetric measurement; 1266 Kenya Subsidiary Legislation, 2025 “mutual cylinder exchange pool” means a contractual arrangement between brand owners who have consented on the exchange of different brands of empty standard capacity cylinders at points of sale; “online portal” means a web-based platform developed by the Authority for the purpose of providing access for licensees to submit data and apply for licences and permit; “portable cylinder” means a transportable pressure receptacle conforming to Kenya Standards of a water capacity not exceeding one hundred and fifty litres; “price build up” means the cost elements of the products, taxes and levies, logistical costs and allowed profit margins necessary to take the unit of the liquid petroleum gas to the consumer. “public use establishments” means public places open and accessible to large groups of people, such as schools, hospitals, places of worship, malls, markets, and other designated places of public gathering; “pressure test point" means a fitting to which a pressure gauge can be connected; “primary meter” means the meter nearest to and downstream of a service pipe or service pipework for ascertaining the quantity of gas supplied through that pipe or pipework by a supplier; “professional engineer” means a person registered by the Cap 530. Engineers Board of Kenya under the Engineers Act to offer engineering professional services; “quick response code” means a type of two-dimensional bar code consisting of a matrix of pixels or small squares which shall be used in these Regulations to provide easy access to online information regarding a cylinder through a digital camera on a smart device; “relevant gas fitting” means— (a)   any gas appliance (other than an appliance which the tenant is entitled to remove from the relevant premises) or any installation pipework installed in any relevant premises; and (b)   any gas appliance or installation pipework which, directly or indirectly, serves the relevant premises and which— (i)   is installed in any part of the premises in which the landlord has an estate or interest; or (ii)   is owned by the landlord or is under his control, but it does not include any gas appliance or installation pipework exclusively used in a part of the premises occupied for non-residential purposes; “relevant premises” means premises or any part of premises occupied, whether exclusively or not, for residential purposes in consideration of money or money's worth, under— (a)   a lease; or Kenya Subsidiary Legislation, 2025 1267 (b)   a licence; “responsible person” means— (a)   in relation to any premises, the occupier or owner of the premises, or operator of the liquid petroleum gas installation at the premises; (b)   in relation to any facility, the operator or owner of the facility; (c)   in both cases any person with the authority to make decisions and take appropriate actions in relation to the installations, installation works and operations in the premises or facility of which they have been given authority; “retail” has the meaning assigned to it in the Act; “retailer” means a person engaged in retail business; “reticulation” or “reticulated piped gas system” means a system for supply of liquefied petroleum gas through a network of pipes from a centralized storage point; “requalification” means the completion of an inspection and the test required to be performed on a cylinder to determine its suitability for continued service and repair in accordance with the Kenya Standard; “scrappage” means the destruction of a defective cylinder; “secondary meter” means a volumetric measurement apparatus that is downstream of the primary (main) meter; “service pipework" means a pipe for supplying gas to premises from a gas storage vessel, being any pipe between the gas storage vessel and the outlet of the emergency control; “service valve” means a valve other than an emergency control for controlling a supply of gas, being a valve— (a)   incorporated in a service pipe; (b)   intended for use by a supplier of gas; and (c)   not situated inside a building; “smart meters” means a volumetric measurement apparatus that has inbuilt logic, memory and wireless communication capabilities; “standard capacity cylinder” means a cylinder with capacity to contain liquid petroleum gas of zero point five, one, three, six and thirteen kilograms net weight and fitted with a unified valve; “supplier” means— (a)   a person who conveys liquid petroleum gas through a distribution main; (b)   a person who supplies liquid petroleum gas to any premises through a primary meter; 1268 Kenya Subsidiary Legislation, 2025 (c)   a person who provides a supply of liquid petroleum gas to a consumer by means of the filling or re-filling of a storage container designed to be filled or re-filled with liquid petroleum gas at the place where it is connected for use whether or not such container is or remains the property of the supplier; or (d)   a person who provides liquid petroleum gas in re-fillable cylinders for use by a consumer whether or not such cylinders are filled or re-filled directly by that person and whether or not such cylinders are or remain the property of that person, but a retailer shall not be deemed to be a supplier when he sells a brand of liquid petroleum gas other than his own; “technical person” means a person with relevant skills to handle high risk operations in conducting liquid petroleum gas business; “tenant” means a person who occupies certain premises as a lessee or licensee; “unauthorized refilling” means the filling of liquid petroleum gas cylinders in acts set out in regulation 46; “unified valve” means a valve type whose specifications conform to the Kenya Standard; “upstream emergency control” means of cutting off flow of liquid petroleum gas closer to the main storage tank; “vehicle” means a motor able equipment used for the conveyance of liquid petroleum gas in bulk or in cylinders on land; “wholesale” means the business of selling liquefied petroleum gas in bulk or in cylinders to retailers or bulk consumers; and “wholesaler” means a person engaged in selling of bulk liquefied petroleum gas to retailers or bulk consumers.

3.   (1) These Regulations shall apply to the— Application. (a)   importation of bulk liquid petroleum gas; (b)   exportation, wholesale and retail of liquid petroleum gas in bulk and in cylinders; (c)   construction and licencing of liquid petroleum gas installations; (d)   storage and refilling of liquid petroleum gas in cylinders; (e)   storage of bulk liquid petroleum gas at an import storage facility; (f)   storage of bulk liquid petroleum gas at consumer sites; (g)   storage of bulk liquid petroleum gas for use by schools and institutions of learning; (h)   transportation of liquid petroleum gas in bulk and in cylinders; Kenya Subsidiary Legislation, 2025 1269 (i)   sale of liquid petroleum gas through smart meters; (j)   sale of liquid petroleum gas through metered systems in a reticulated system; and (k)   liquid petroleum gas for internal combustion engines (Autogas); and (l)   liquid petroleum gas installation works. (2) These Regulations shall not apply to the Kenya Defence Forces. PART II—LICENCE APPLICATION

4.   (1) A person who wishes to undertake liquefied petroleum gas Licence business shall make an application for a licence to the Authority or its application. licensing agents in the Form VI set out in the First Schedule. (2) The application in sub-regulation (1) shall be submitted with proof of payment of the fees set out in the Second Schedule together with the documents specified in the Fourth Schedule.

5.   A licence for a liquefied petroleum gas business shall be valid Duration of for— licence. (a)   in the case of a jetty, pipeline, bulk liquid petroleum gas storage facility, cylinder refilling plant and liquid petroleum gas reticulation system, three years from the date of issue; (b)   in the case of retail of liquid petroleum gas in cylinders, two years from the date of issue; (c)   in the case of Autogas retail station, two years from the date of issue; (d)   in the case of a business to transport liquid petroleum gas in bulk or in cylinders, two years from the date of issue; (e)   in the case of a business to import liquid petroleum gas in bulk, two years from the date of issue; and (f)   in the case of a business to export or wholesale liquid petroleum gas in bulk or in cylinders, two years from the date of issue.

6.   (1) An application for the renewal of a liquid petroleum gas Licence renewal. business licence shall be made at least thirty days prior to the expiry of the licence. (2) The application in sub-regulation (1) shall be submitted together with the documents set out in the Fifth Schedule and proof of payment of the fees set out in the Second Schedule.

7.   A wholesaler, retailer or operator of an Minimum bulk storage facility, shall ensure that storage of liquid petroleum gas distance requirements for cylinders or in bulk meets the minimum distance requirements as liquid petroleum specified in the relevant Kenyan Standards between the liquid gas bulk storage. petroleum gas cylinders or liquid petroleum gas Bulk Storage Vessel from buildings, public thoroughfares or sidewalks, roads, line of adjoining property occupied by a school, church, hospital, athletics 1270 Kenya Subsidiary Legislation, 2025 field, any other place of public gathering, or premises where there are ignition sources present.

8.   (1) Every licensee in respect of liquid petroleum gas jetty, Competence and bulk storage facility, liquid petroleum gas refilling plant, transport of training. liquid petroleum gas in bulk and in cylinders, autogas retail stations and reticulation, shall attain and demonstrate on request by the Authority, competence to run such a facility and undertake the activities. (2) The responsible person of such an undertaking shall prior to obtaining a permit or licence demonstrate to the Authority— (a)   evidence of operational knowledge of liquid petroleum gas, its hazards and handling; (b)   evidence of capability and preparedness to meet the safety requirements in liquid petroleum gas operations, its transportation and accident prevention during transportation; (c)   proof of training of a minimum of four employees in the safe handling of liquid petroleum gas in an institution approved by the National Industrial Training Authority; (d)   how the applicant shall maintain and adhere to a training schedule for staff on the safe handling of equipment or product; (e)   evidence of the qualification criteria to be used for recruitment of technical staff; and (f)   how emergency situations and consumer complaints shall be attended to. PART III—LIQUID PETROLEUM GAS INSTALLATION WORKS AND INSTALLER’S LICENCE

9.   (1) Liquid petroleum gas installation works shall include the Liquid petroleum design, construction, commissioning, operation, and maintenance of gas installation. liquid petroleum gas storage, supply pipelines and equipment for— (a)   installation of any bulk liquid petroleum gas storage tanks; (b)   liquid petroleum gas cylinder refilling system; (c)   liquid petroleum gas reticulation system; (d)   liquid petroleum gas storage and pipe work at public use establishments; (e)   liquid petroleum gas installation work at the premises of any consumer; and (f)   autogas facilities and Autogas retrofitting on a motor vehicle. (2) No person shall carry out the liquid petroleum gas installation works in sub regulation (1) unless such a person has obtained the relevant class of the liquid petroleum gas installer’s licence as listed hereunder— (a)   fitter’s licence (Class C-2); Kenya Subsidiary Legislation, 2025 1271 (b)   technician’s licence (Class C-1); (c)   engineer’s licence (Class B-1); (d)   installation contractor’s licence (Class A-2); and (e)   design and installation contractor’s licence (Class A-1). (3) A person who wishes to be designated as a liquid petroleum gas installer shall make an application to the Authority through the online portal provided by the Authority and attach the documents specified in the Fourth Schedule and proof of payment of the fees set out in the Second Schedule. (4) A person who wishes to be designated as an installation contractor (Class A-2) or a design and installation contractor (Class A- 1), shall be a contractor registered with the National Construction Authority under the relevant category as set out in the Ninth Schedule. (5) The Authority shall review the application in sub-regulation (3) within thirty days. (6) Where the application in sub-regulation (3) is successful, the Authority shall issue the licence which shall be valid for a period of three years. (7) Where the application in sub-regulation (3) is unsuccessful, the Authority shall provide reasons for rejection of the application. (8) The requirements of this regulation shall not apply in respect of— (a)   the replacement of a hose or regulator on a portable liquid petroleum gas cylinder; or (b)   the replacement of a hose connecting a re-fillable portable cylinder to installation pipework. (9) A person who carries out liquid petroleum gas installation works without a valid licence commits an offence and shall upon conviction be liable to a fine of twenty thousand shillings for every works done.

10.   (1) A person shall only perform the scope of works for which Approved scope they have been approved by the Authority. of work. (2) The responsible person of any premises shall ensure that liquid petroleum gas installation work in their premises is— (a)   carried out by a licensed liquid petroleum gas contractor or installer and after completion, completion of work certificates are issued by the installer or contractor; (b)   tested and inspected periodically and maintain records of any defects being remedied and test certificates issued.

11.   (1) A licensee under these Regulations shall use materials, Materials and fittings, pipes, tanks or any other material required for the safe workmanship. containment of liquid petroleum gas or installations which comply to the applicable Kenya Standard and engineering best practices. 1272 Kenya Subsidiary Legislation, 2025 (2) A person shall not install in a building any pipe or pipe fitting for use in the supply of liquid petroleum gas which is— (a)   made of lead or lead alloy; or (b)   made of a non-metallic substance unless it— (i)   complies to standards approved by Kenya Bureaue of Standards for use in liquid petroleum gas installations; or (ii)   is a pipe connected to a readily movable liquid petroleum gas appliance. (3) A licensee under these Regulations shall carry out liquid petroleum gas installation works to meet the requirements of the applicable Kenyan laws, codes, standards, and guidelines.

12.   (1) A licensee shall, prior to any installation works, issue to Requirement of the responsible person, a commencement of work notice in the form set work commencement out in the Tenth Schedule. notice. (2) Where there is a change of the licensed installer undertaking the installation, a fresh commencement of work notice in sub- regulation (1) shall be issued. (3) Upon completion of installation works, a licensee shall— (a)   issue ‘as built’ schematics and drawings to the responsible person; (b)   train the responsible person on basic operating procedures for the installation and provide user manuals where applicable. (4) Commencement of work notice and completion of work certificates shall be generated by an installer licensed under these Regulations on an online portal provided by the Authority and shall be signed by the licensed installer who was in charge of the installation. (5) Where the Authority notices from the completion of works certificate and pressure test records that an installation does not meet the requirements, the Authority shall require the installer to make good the defects at his own cost within sixty days of the notice. (6) Where the installer fails to make good the defect under sub- regulation (5), the Authority may suspend or revoke the licence.

13.   (1) An installer shall at all times undertake his work Duty of care and professionally and act in accordance with the applicable code of insurance. practice and standards approved by Kenya Bureau of Standards or guidelines issued by the Authority. (2) A Class A-2 and A-1 Contractor shall take and maintain Work Injury Benefits insurance cover for their employees and agents. PART IV—IMPORT, WHOLESALE, EXPORT AND RETAIL OF LIQUID PETROLEUM GAS IN BULK AND IN CYLINDERS

14.   A person who wishes to carry out liquid petroleum gas Importation of import business shall obtain an import licence from the Authority. bulk liquefied petroleum gas. Kenya Subsidiary Legislation, 2025 1273

15.   (1) A person licensed to import liquid petroleum gas shall Obligations of within twenty-four hours prior to the arrival of the bulk liquid importer. petroleum gas at a point of entry, declare to the Authority— (a)   the load port of the bulk liquid petroleum gas; (b)   the total quantity of the bulk liquid petroleum gas in metric- tonnes; and (c)   the final destination point of the bulk liquid petroleum gas whether in Kenya or export. (2) All imported bulk liquid petroleum gas shall meet the standards specified by the Kenya Bureau of Standards. (3) Where the bulk liquid petroleum gas fails to meet the Kenya Standard or any other standard specified by the Kenya Bureau of Standards, the importer shall return the bulk liquid petroleum gas to the load port at their cost. (4) Where the importer fails to return the bulk liquid petroleum gas specified in sub-regulation (3) to the load port, the Authority may order the destruction of the bulk liquid petroleum gas at the cost of the importer. (5) An importer shall submit to the Authority on or before the tenth day of each calendar month the following information relating to the preceding month— (a)   total quantity in metric-tonnes of bulk liquid petroleum gas imported; (b)   the source of the imported bulk liquid petroleum gas; and (c)   total quantity in metric-tonnes of bulk liquid petroleum gas sold in the local market by sector. (6) An importer of liquid petroleum gas shall not supply the gas in bulk to any person unless such a person is a bulk liquid petroleum gas licensee or such a person is a bulk liquid petroleum gas consumer for own use. (7) An importer shall terminate the supply of liquid petroleum gas to a bulk consumer where it is established that the consumer is undertaking refilling for resale or trades in the bulk liquid petroleum gas without the requisite licence required under the Act. (8) Where an importer establishes that a bulk consumer is engaged in the trade of bulk liquid petroleum gas, he shall notify the Authority within twenty-four hours of such discovery.

16.   (1) A person shall not sell liquid petroleum gas under Obligations of a wholesale terms or export liquid petroleum gas in bulk unless such a holder of a bulk liquid petroleum person has obtained a wholesale and export licence from the Authority. gas wholesale and export licence. (2) A person licensed to wholesale and export liquid petroleum gas shall submit to the Authority on or before the 10th day of each calendar month the following information relating to the preceding month— 1274 Kenya Subsidiary Legislation, 2025 (a)   total quantity in metric-tonnes of bulk liquid petroleum gas bought; (b)   list of bulk liquid petroleum gas sales to end-consumers indicating the quantity in kilograms, dates and places of delivery; (c)   where the liquid petroleum gas in bulk was exported, the name of the destination country, quantity in metric-tonnes of the consignment, registration of the transportation vehicle or vessel and date of exit from Kenya of the export consignment.

17.   (1) A person shall not undertake wholesale of liquid Consent by brand petroleum gas in cylinders belonging to another brand owner without owner for wholesale of the prior written consent from the brand owner. cylinders. (2) The consent in sub-regulation (1) shall be submitted to the Authority. (3) A licensee for wholesale of liquid petroleum gas in cylinders shall not stock or offer for sale liquid petroleum gas cylinders that do not conform to the Kenya Standard. (4) No licensee, employee or their agent shall buy for resale liquid petroleum gas in cylinders from a person who is not licensed by the Authority.

18.   (1) A person shall not undertake the business of retail of Retail of liquefied liquid petroleum gas cylinders belonging to another brand owner petroleum gas in cylinders. without the prior written consent from the brand owner or the brand owner’s authorised agent. (2) The consent in sub-regulation (1) shall be submitted to the Authority. (3) A person licensed to undertake the business of retail of liquid petroleum gas in cylinders shall not stock or offer for sale liquid petroleum gas cylinders that do not conform to the Kenya Standard. (4) A person licensed to retail liquid petroleum gas in cylinders shall ensure that— (a)   there is a working fire-extinguisher of the appropriate type as specified in the Kenya Standards; and (b)   emergency contacts for the local fire-brigade, the police and that of the Authority are displayed conspicuously at the location where the liquid petroleum gas is retailed.

19.   (1) A person being a wholesaler or retailer shall not store Storage and liquid petroleum gas in cylinders— display of liquid petroleum gas in cylinders. (a)   in an enclosed and poorly ventilated space; or (b)   in basement or ground floor of a building. (2) Liquid petroleum gas in cylinders shall be stored and displayed as prescribed by the Kenya Standards. Kenya Subsidiary Legislation, 2025 1275

20.   (1) A person licensed to wholesale or retail liquid petroleum Record keeping gas in cylinders shall maintain records of each cylinder that is and cylinder tracking. purchased or sold which shall include the following information— (a)   cylinder brand; (b)   serial number or quick response code of the cylinder; (c)   serial number or quick response code of the seal; (d)   net weight in kilograms of the cylinder; and (e)   unit and total price of the transaction indicating the cylinder deposit where applicable. (2) In addition to the information in sub-regulation (1), a person licensed to wholesale or retail liquid petroleum gas in cylinders shall maintain the following records— (a)   in the case of purchase of the liquid petroleum gas in cylinders— (i)   name, address and telephone number of the seller; and (ii)   date of the purchase; (b)   in the case of sale of the liquid petroleum gas in cylinders— (i)   name, address and telephone number of the buyer; and (ii)   date of the sale. (3) A person licensed to wholesale or retail liquid petroleum gas in cylinders, shall issue a receipt at the point of sale which shall include the information in sub-regulation (1) and (2). (4) The records under this regulation shall be maintained for at least twenty-four months. (5) A person licensed to wholesale or retail liquid petroleum gas in cylinders, shall subscribe to the central tracking system to perform the obligations in sub-regulations (1) and (2). (6) The records of the transactions in sub-regulation (1) and (2) shall be submitted to the Authority’s online portal at the point of recording a sale or a purchase by the respective parties independently. (7) A person who fails to keep records as required by this regulation commits an offence and shall upon conviction be liable to a fine of twenty thousand shillings per transaction.

21.   A person who wishes to export liquid petroleum gas in Consent of brand cylinders shall obtain prior written consent from the brand owner and owner before export of liquid such consent shall be submitted to the Authority for approval. petroleum gas cylinders.

22.   A licensed brand owner, liquid petroleum gas refilling plant, Obligation of a wholesaler and retailer shall, in the conduct of its business, develop liquid petroleum gas undertaking. and enforce— (a)   a code of conduct for refilling plant operators, distributors, transporters and appointed stockists; and 1276 Kenya Subsidiary Legislation, 2025 (b)   a system to monitor and control un-authorised refilling and unauthorised brand infringement. PART V—LIQUID PETROLEUM GAS FOR INTERNAL COMBUSTION ENGINES – AUTOGAS

23.   This Part shall apply to— Application. (a)   liquid petroleum gas used in internal combustion engines either totally or partially; (b)   the installation and certification of autogas equipment and retrofit systems on motor vehicles; (c)   construction of autogas retail dispensing site; and (d)   sale and operations of autogas in a retail dispensing site.

24.   (1) A person shall not construct an autogas retail dispensing Construction site without a construction permit from the Authority. permit. (2) The application for the construction permit in sub-regulation (1) shall be submitted through the online portal provided by the Authority— (a)   in Form I set out in the First Schedule; and (b)   accompanied by the documents specified in the Fourth Schedule and proof of payment of the fees set out in the Second Schedule. (3) The Authority shall review the application in sub-regulation (2) within forty- five days. (4) The Authority shall issue the permit where an application under sub -regulation (2) is successful. (5) Where the application in sub-regulation (2) is unsuccessful, the Authority shall give reasons for the rejection. (6) A person who constructs an autogas retail dispensing site without the requisite permit as set out in sub-regulation (4) commits an offence and shall, upon conviction, be liable to a fine of not more than one million shillings.

25.   (1) A person who wishes to operate an autogas retail Operation licence. dispensing site shall apply for an operation licence from the Authority. (2) The application for the licence in sub-regulation (1) shall be submitted through the online portal provided by the Authority and shall be— (a)   in Form VI set out in the First Schedule; (b)   accompanied by the documents specified in the Fourth Schedule; and (c)   accompanied by proof of payment of the fees set out in the Second Schedule. Kenya Subsidiary Legislation, 2025 1277 (3) The Authority shall, before issuance of an operational licence, carry out a pre-licensing inspection to satisfy itself that the construction has been undertaken in line with the approved design. (4) The Authority shall review the application in sub-regulation (2) within thirty days. (5) Upon review of the application, the Authority may— (a)   issue the licence; or (b)   reject the application giving reasons for the rejection. (6) A person who operates an autogas retail filling station without the licence as set out in sub-regulations (1) and (2) commits an offence and shall, upon conviction, be liable to a fine of one million shillings.

26.   (1) An operator of an autogas retail dispensing site shall put Operations, in place traffic control measures to ensure that the operations of the site obligations and penalties. do not cause obstruction to road users. (2) An autogas retail licensee shall train the autogas dispenser attendants and truck offloading staff on— (a)   the handling of liquid petroleum gas refilling operations to a motor vehicle and tanker offloading to the station’s storage; and (b)   firefighting and first aid skills; and (3) An autogas attendant shall, before undertaking motor vehicle refilling operations, confirm that the vehicle has a valid conversion certificate and that it was converted in an authorized conversion centre. (4) An autogas retail licensee shall ensure that the person in charge of the station is proficient in at least one official language.

27.   (1) A licensee shall ensure that the meter used at the autogas Autogas meters retail dispensing site has — and display of unit price. (a)   been type-approved by the body responsible for weights and measures; (b)   has undergone annual or any other such periodic re- calibration by competent person appointed by the body responsible for weights and measures; and (c)   where required, repair of such meters is done by a competent person approved by the body responsible for weights and measures. (2) An autogas retail dispensing site licensee shall display the unit price in Kenya Shillings per litre.

28.   (1) A person may have the same location for both Co-location. conventional liquid motor fuels and storage, and sale of provided that the construction and operations of the station complies to the requirements of applicable the Kenya Standards. 1278 Kenya Subsidiary Legislation, 2025 (2) A person shall, before construction of or addition of an autogas retail dispensing site to an existing fuel station, apply for a construction permit and a license from the Authority.

29.   (1) An autogas licensee shall ensure that the liquid Quality of petroleum gas stored and dispensed at the refilling station meets the Autogas. quality parameters as set in the Kenya Standards. (2) The Authority may, in consultation with the Kenya Bureau of Standards take samples from the autogas refilling station for testing to confirm conformity of the liquid petroleum gas to the applicable quality standards. (3) A person who dispenses liquid petroleum gas that does not meet the required quality commits an offence and shall, upon conviction, be liable to the fine set out under section 92 (2) (b) of the Act; (4) The Authority may suspend the licence where it determines that a person has contravened the provisions set out in this Regulation.

30.   (1) An installer shall ensure that the autogas retrofit system Liquid petroleum installed on a motor vehicle— gas installer’s obligations. (a)   complies with the requirements of the applicable Kenya Standards; (b)   has been inspected by a person licensed under the Occupational Safety and Health Act; Cap 236A. (c)   is safe to be installed in such a motor vehicle; and (d)   is suitable for use for such a motor vehicle. (2) The liquid petroleum gas installer who installs the autogas retrofit system on motor vehicles shall— (a)   carry out the installation of the autogas retrofit system in accordance with the applicable codes of practice and standards approved by Kenya Bureau of Standards or guidelines issued by the Authority; (b)   comply with the instructions of the manufacturer; and (c)   issue a certificate indicating the name of liquid petroleum gas installer and conversion centre. (4) The liquid petroleum gas installer shall provide a retrofitted motor vehicle owner with an operations manual which shall include the information prescribed in the Kenya Standard. (5) The owner of a motor vehicle which has been retrofitted shall ensure that the certificate of retrofitting is present in the motor vehicle at all times. PART VI—LIQUID PETROLEUM GAS CYLINDERS

31.   (1) A person shall not acquire or manufacture a standard Acquisition of capacity cylinder and valve for use in Kenya if the cylinder and the new liquid petroleum gas valve do not conform to the Kenya Standards provided that where a cylinders and liquefied petroleum gas consumer acquires a cylinder from a licensee, valves. the obligation to ensure conformity of the cylinder and the valve shall lie with the licensee. Kenya Subsidiary Legislation, 2025 1279 (2) A person who acquires a new liquid petroleum gas cylinder for the purpose of putting it in the market shall declare such an acquisition to the Authority not later than one calendar month from the date of acquisition. (3) The declaration made in sub-regulation (2) shall include the— (a)   capacity and number of imported or locally manufactured liquid petroleum gas cylinders; (b)   landed cost of the liquid petroleum gas cylinders inclusive of all taxes for imported cylinders or ex-factory cost inclusive of all taxes for locally manufactured cylinders; (c)   manufacturer's name and the country of origin of the cylinders; and (d)   serial number for each cylinder.

32.   (1) No person shall print, stick, emboss any mark on liquid Brand registration. petroleum gas cylinder as a trademark for sale of liquid petroleum gas without the approval of the liquid petroleum gas brand from the relevant statutory body. (2) An application for liquid petroleum gas cylinder brand registration shall be submitted in the form set out in the First Schedule accompanied by the documents specified in the Fourth Schedule. (3) No person shall infringe on the brand of another brand owner. (4) A person who trades in a liquid petroleum gas cylinder business without a certificate of brand registration from the Authority commits an offence and shall be liable on conviction to a fine of five hundred shillings for every cylinder sold by him.

33.   (1) A liquid petroleum gas cylinder shall, at all times, have Cylinder marking. the brand owner’s distinguishing colour and mark. (2) The cylinder shall be clearly and indelibly labelled with— (a)   the owner’s brand name; (b)   the cylinder ’s serial number; (c)   name of manufacturer; (d)   the date of manufacture; (e)   the date of the last requalification and name of the requalifying plant; (f)   name of the product; (g)   water capacity of the cylinder; (h)   tare weight; (i)   net weight; (j)   gross weight; 1280 Kenya Subsidiary Legislation, 2025 (k)   pressure test values of the cylinder; and (l)   the words “Cylinder not for sale”, “Property of Company XYZ”, and “Returnable for Deposit.”.

34.   (1) The brand owner whose permanent mark appears on the Liquid petroleum liquid petroleum gas cylinder shall be the presumed owner, irrespective gas cylinder ownership. of the party in custody or possession of the cylinder. (2) The brand owner shall have the obligation to ensure that its refilled liquid petroleum gas cylinders comply with all required quality and safety standards and specifications before the cylinders are released for sale and distribution.

35.   (1) A liquid petroleum gas pressure vessel, liquid petroleum Inspection. gas road tanker or liquid petroleum gas cylinder manufactured locally or imported shall be inspected for conformity to Kenya Standards prior to use and periodically as set out in the Kenya Standards. (2) The inspection in sub-regulation (1) shall include the requirements set out in the Occupational Safety and Health Act. Cap 236A. (3) The owner or brand owner shall maintain the inspection records for the lifetime of the pressure vessel. (4) A person, in the process of discharging or refilling liquid petroleum gas into any pressure vessel shall satisfy himself of the validity of the inspection status of the pressure vessel.

36.   (1) A brand owner or an authorized distributor may require Portable liquid the consumer to effect a deposit as a guarantee for the restitution of a petroleum gas cylinder deposit. portable cylinder delivered. (2) Where a deposit in regulation (1) has been collected by the brand owner— (a)   it shall be a maximum of the amount set in the Sixth Schedule for each portable cylinder delivered; (b)   a brand owner shall keep a separate deposit account for every deposit amount collected from a consumer; (c)   the total deposit collected by brand owner in sub-regulation (1) shall be declared in the audited accounts every end of a financial year and shall not be less than eighty per-cent of the total cylinder count as declared to the Authority in the previous financial year. (3) Where the brand owner opts to take no cylinder deposit or a lesser amount than that stipulated in the Sixth Schedule, such information shall be made public.

37.   (1) The brand owner or authorized distributor shall Permanent reimburse to the consumer or any other person acting on his behalf, the restitution and refund of deposit. amount deposited upon the permanent return for the purposes of restitution of the liquid petroleum gas cylinder referred to in regulation 36 or for a higher amount paid before the coming into force of these Regulations where a receipt indicating such higher amount is availed, Kenya Subsidiary Legislation, 2025 1281 including when such receipts have been issued prior to the entry into force of these Regulations. (2) A brand owner or his authorized distributors and agents shall maintain accurate records of the details of persons who return the portable cylinder for restitution of the deposit in sub-regulation (1). (3) The brand owner or his authorized distributor shall reimburse to the final consumer the amount of cylinder deposit stated in the Sixth Schedule for the permanent restitution of a portable cylinder delivered by such final consumer whether or not the person is in possession of a receipt. (4) The brand owner or his authorized agent shall report to the Authority any suspicious return of a liquid petroleum gas cylinder for reimbursement of the cylinder deposit. (5) The cylinder deposit reimbursable for the permanent return of liquid petroleum gas cylinder to the brand owner or agent, shall in all cases be of the amount stated in the Sixth Schedule. (6) The consumer shall not be liable to deduction on his deposit for the degradation of the cylinder. (7) The deposit referred to under this regulation shall be refunded by the brand owner or through his agent. (8) A brand owner or his authorized distributor may recall or collect a liquid petroleum gas cylinder from any person in possession of such cylinders where— (a)   the liquid petroleum gas cylinder requires requalification; (b)   the liquid petroleum gas cylinder is un-attended; and (c)   the liquid petroleum gas cylinder is being mishandled. (9) Where a brand owner recalls or collects their liquid petroleum gas cylinders in accordance with sub-regulation (8) they shall replace the cylinder with another cylinder of good condition or reimburse the cylinder deposit. (10) A brand owner who intends to recall liquid petroleum gas cylinders from a person under sub-regulation (8) shall seek prior approval from the Authority. (11) A person who, not being a final consumer, hinders the brand owner from accessing and collecting a liquid petroleum gas cylinder commits an offence and shall upon conviction be liable to the general penalty set out under section 124 of the Act.

38.   (1) A brand owner shall own a minimum of thirty thousand Minimum number liquid petroleum gas cylinders of standard capacity. of liquid petroleum gas cylinders for brand owners. (2) An existing licensee who has less than the required minimum of thirty thousand cylinders as at the time of coming into force of these regulations shall progressively build the number of liquid petroleum 1282 Kenya Subsidiary Legislation, 2025 gas cylinders to the required minimum by the third year of the effective date of these Regulations. (3) The brand owner shall on an annual basis declare to the Authority the total number of liquid petroleum gas cylinders under their brand. (4) A brand owner who fails to declare the number of cylinders under their brand as required under this regulation commits and offence and shall upon conviction be liable to the general penalty set out under section 124 of the Act.

39.   (1) A person shall not export portable liquid petroleum gas Export of liquid cylinders without the express approval from the Authority. petroleum gas cylinders. (2) The application in sub-regulation (1) shall be submitted through the online portal provided by the Authority together with the documents specified in the Seventh Schedule. (3) The Authority shall issue an approval if satisfied with an application made in accordance with sub-regulation (2).

40.   (1) The Authority shall establish a central tracking system Liquid petroleum for liquid petroleum gas cylinders for the ease of tracking purchases gas cylinder tracking system. and sales of liquid petroleum gas in cylinders and submission of the information required under the Act and these Regulations. (2) The central cylinder tracking system shall be for the standard capacity cylinders as specified by the Kenya Standards. (3) The Authority shall issue seal numbers to be applied on liquid petroleum gas cylinder refills to a brand owner upon a request in the form set out in the Eighth Schedule. (4) The brand owner shall, before refilling, order all the seal numbers required for at least thirty days in advance. (5) Each filled liquid petroleum gas cylinder shall have its serial number paired with the seal number issued by the Authority. (6) The pairing of the seal number in sub-regulation (5) and liquid petroleum gas cylinder serial number shall validate a genuine refill. (7) The brand owner or his agent shall maintain a record of— (a)   all supplied seals; (b)   all utilized seals per cylinder capacity; (c)   all damaged seals; and (d)   the balance of un-utilized seals. (8) A person shall maintain the records of the issued seal numbers and the liquid petroleum gas cylinder serial number during any sale or transfer of a refilled cylinder. (9) A wholesaler, distributor or retailer shall not sell or display a portable cylinder whose details cannot be traced in the Authority’s register through the seal numbers. Kenya Subsidiary Legislation, 2025 1283 (10) A person shall not reproduce seal numbers other than those issued by the Authority or its authorized agent with an intention to deceive another trader or consumer. (11) The Authority may confiscate any liquid petroleum gas cylinder that does not bear a valid seal number and cylinder pairing as recorded in the Authority’s central register of refilled cylinders. (12) The records in sub-regulation (7) submitted to the Authority shall be maintained in a register that can be inspected by consumers to verify valid liquid petroleum gas cylinder re-fill. (13) The register in sub-regulation (12) shall be accessible and available for inspection by the consumers and the general public by means of an appropriate technology.

41.   Every brand owner shall— Obligations of a brand owner. (a)   ensure that its cylinders meet the applicable Kenya Standards; (b)   ensure that its cylinders are in a good state of repair and are requalified in accordance with the Kenya Standard; (c)   ensure that after requalification, the liquid petroleum gas cylinder is inspected and certified by an approved person; (d)   maintain a list of its authorized re-filling agents, wholesalers, retailers and cylinder requalification agents; (e)   maintain the records of serial numbers or quick response codes and date of requalification of each cylinder; (f)   maintain the serial numbers and date of sale of each cylinder; (g)   ensure cylinders are tracked by use of the recommended tracking system by the Authority; (h)   provide the relevant training and any relevant information to its approved refilling agents, wholesalers and retailers on the safe storage and handling of cylinders; (i)   train the authorized re-filling agents, wholesalers and retailers on liquid petroleum gas handling, storage and transport requirements of dealing with the cylinder; (j)   make aware to the authorized re-filling agents, wholesalers and retailers the structures for the management of cylinder deposit; (k)   ensure that the authorized re-filling agents, wholesalers and retailers comply with directions of Authority issued to the brand owner; (l)   develop and maintain emergency preparedness plans in the event of product recalls, safety incidents, or large-scale accidents involving liquid petroleum gas cylinders; (m)  ensure the authorized re-filling agents, wholesalers and retailers are aware of the emergency plans and emergency contacts in sub regulation (l); 1284 Kenya Subsidiary Legislation, 2025 (n)   ensure that cylinders are affixed with a notice informing consumers on the safe use, storage and handling of liquefied petroleum gas as prescribed in the Eleventh Schedule; and (o)   obtain an appropriate public liability insurance cover against injuries to liquid petroleum gas consumers or third parties caused by defective liquid petroleum gas cylinders.

42.   (1) Every brand owner shall take out a public liability Public liability insurance to cover damage, injuries or liability to liquid petroleum gas insurance. consumers or third parties that may result from a defective liquid petroleum gas cylinder. (2) A brand owner who contravenes sub-regulation (1) above commits an offence and shall be liable upon conviction to a fine of ten shillings per cylinder for the population declared to the Authority under sub- regulation (1).

43.   (1) The brand owner shall ensure that its liquid petroleum Liquid petroleum gas cylinders are requalified within eight years after the date of gas cylinder requalification. manufacture. (2) The requalification in sub-regulation (1) shall include complete de-valving for repairs, re-valving, pressure testing and repainting. (3) Where a liquid petroleum gas cylinder has not passed inspection and is deemed not to conform to the Kenya Standards, the brand owner shall immediately remove it from circulation and within three months scrap or otherwise dispose the cylinder without delay so as to make it unusable as a liquid petroleum gas cylinder. (4) A brand owner who fails to undertake the actions in sub- regulation (3) commits an offence and shall be liable upon conviction to a fine of twenty thousand shillings per offence.

44.   (1) A person conducting liquid petroleum gas cylinder Liquid petroleum business or liquid petroleum gas cylinder accessories business shall gas accessories. ensure that the accessories meet the applicable Kenya Standards. (2) A person who contravenes sub-regulation (1) commits an offence and shall, upon conviction, be liable to a fine of ten thousand shillings.

45.   (1) The Authority shall issue an order to a brand owner to Order to requalify all or part of the owner’s liquid petroleum gas cylinders requalify. under any of the following cases— (a)   when a batch or all the liquid petroleum gas cylinders belonging to a brand owner or from a particular manufacturing plant or process are reported to have failed quality tests; (b)   when the quality control method and organization for inspection do not to conform to the technical standards specified by Kenya Bureaue of Standards; (c)   where the inspection was not conducted by an approved person; and Kenya Subsidiary Legislation, 2025 1285 (d)   where liquid petroleum gas cylinders have not been requalified within eight years. (2) A brand owner who fails to requalify the cylinders as required under sub-regulation (1) commits an offence and shall be liable on conviction to a fine of two thousand shillings per cylinder not requalified.

46.   (1) The following acts constitute the unauthorized refilling of Prohibition liquid petroleum gas cylinders— against un- authorised refilling. (a)   refilling of a cylinder by a person or entity other than the brand owner or refilling of a cylinder without the prior written consent from the brand owner provided that such consent shall have been submitted to the Authority; (b)   refilling of a cylinder that— (i)   does not bear the embossed markings of the brand or trade name; or (ii)   is defaced, tampered with or bears illegible markings; (c)   refilling of a cylinder that is due for repair, requalification or scrappage; (d)   refilling of a cylinder directly from a bulk liquefied petroleum gas road transport vehicle; (e)   decanting of liquefied petroleum gas from one cylinder to another cylinder save for safety reasons; (f)   refilling of a cylinder from a facility or such other source that is not licensed by the Authority or its licensing agents; (g)   refilling of a cylinder with a product or substance other than liquefied petroleum gas; (h)   refilling of a cylinder with liquefied petroleum gas that does not conform to the Kenya Standard; (i)   refilling of a cylinder with a quantity of liquefied petroleum gas that does not meet the capacity of the cylinder; (j)   possession of a seal bearing a similar marking to another brand owner without written consent from the brand owner and such consent submitted to the Authority; (k)   sale of a filled cylinder without a seal bearing a unique seal identifier issued by the Authority; and (l)   wholesale or retail of filled cylinders belonging to another brand owner without written consent from the brand owner and such consent submitted to the Authority. (2) A person who commits the acts in sub-regulation (1) commits an offence and shall upon conviction be liable to the general penalty set out under section 124 of the Act. 1286 Kenya Subsidiary Legislation, 2025

47.   A person who— Prohibited trade practices. (a)   has in his possession or control in the course of trade, any unauthorizedly refilled liquid petroleum gas cylinder; (b)   refills or causes to refill without authorisation in the course of trade, any liquid petroleum gas cylinder; (c)   sells, hires out, barters, offers or exposes for sale, hiring out any refilled liquid petroleum gas cylinder without authorisation; (d)   exposes or exhibits for the purposes of trade any liquid petroleum gas cylinder refilled without authorisation; (e)   distributes liquid petroleum gas cylinder refilled without authorisation for purposes of trade or any other purpose; (f)   imports into, transits through, tranships within or exports from Kenya any liquid petroleum gas cylinder refilled without authorisation; (g)   hoards another brand owner’s liquid petroleum gas cylinder with intention of restricting circulation of that brand owner’s cylinder; (h)   has in his possession or control in the course of trade any labels, stickers, security seals, documentations or packaging of any type or nature, with a deceptive mark applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive other traders or consumers that the liquid petroleum gas refilled in a cylinder has been done by the brand owner or his appointed agent; or (i)   wilfully damages, re-brands or sabotages another brand owner’s liquid petroleum gas cylinder; commits an offence and shall, upon conviction, be liable to the general penalty set out under section 124 of the Act.

48.   (1) Any of the following acts where performed without the Prohibition written consent from the brand owner shall constitute wilful damage of against willful damage to another a cylinder— person’s cylinders. (a)   altering the brand name, symbol or any marking on the cylinder; (b)   defacing or altering the shape of the cylinder; (c)   removing or replacing a valve or a safely relief valve; (d)   scrappage of an empty cylinder; or (e)   repair or maintenance of a cylinder. (2) A person who wilfully destroys another person’s cylinder commits and offence and shall upon conviction be liable to a fine of five thousand shillings per cylinder.

49.   (1) A brand owner who wishes to operate under a mutual Mutual Cylinder cylinder exchange system shall— Exchange System. Kenya Subsidiary Legislation, 2025 1287 (a)   enter into a mutual cylinder exchange agreement with other interested parties; and (b)   apply in writing to the Authority for approval and attach — (i)   a copy of the mutual cylinder exchange agreement; and (ii)   an approval for the mutual cylinder exchange system from the Competition Authority of Kenya. (2) Members of a mutual cylinder exchange System may apply to the Authority to be recognized as a self-regulated organization. (3) The Authority shall satisfy itself that the agreement in sub regulation (1) (a) is not discriminatory and does not distort market competition. (4) Where the Authority rejects the application, the Authority shall communicate to the applicant in writing, of the decision and the reasons for the rejection. (5) Where the Authority approves the agreement, the Authority shall communicate to the applicant in writing. (6) Parties to a mutual cylinder exchange agreement shall apply in writing to the Authority for approval— (a)   whenever a new party becomes a signatory to the mutual cylinder exchange agreement; (b)   at the lapse of two years from the date of the immediate last approval of the mutual cylinder exchange system. (7) The application in sub regulation (6) shall be accompanied by the documents specified in sub regulation (1)(b).

50.   (1) The Authority may appoint a brand caretaker in respect Brand caretaker. of a distressed brand owner to facilitate collection of cylinders from the market and refill the cylinders for such period as the Authority may determine. (2) A licensee granted brand-caretaker status shall not gain ownership rights over the brand or the cylinders. (3) The appointed brand-caretaker shall be subject to such conditions issued by the brand owner, statutory administrator or liquidator as the case may be, provided it is done in consultation with the Authority. (4) In granting the status in sub-regulation (1) the Authority shall issue conditions as deemed suitable. (5) Nothing in this regulation shall relieve the brand owner or his legally appointed agent the responsibility to refund cylinder deposit when so required by the consumer.

51.   (1) A brand caretaker shall be appointed on application by Appointment of the brand owner or another licensee or by the Authority where a brand brand caretaker. owner has failed to refill his cylinders for more than six months consecutively. 1288 Kenya Subsidiary Legislation, 2025 (2) The application in sub-regulation (1) shall be submitted through the online portal provided by the Authority in the form set out in the First Schedule accompanied by the requirements set out in the Third Schedule. (3) The Authority shall review the application in sub-regulation (2) and make a determination within thirty days. (4) In reviewing such an application, the Authority shall take into consideration the following factors— (a)   ownership of at least one licensed liquid petroleum gas storage and refilling plant; (b)   market presence in the area where the distressed brand owner has predominant number of customers; (c)   has a minimum of thirty thousand cylinders as at the time of application; (d)   the requirements of other key stakeholders such as statutory administrator, liquidator, main creditors and consumers. (5) The Authority shall impose conditions to the brand caretaker as is necessary to protect the liquid petroleum gas cylinders from being mishandled or lost. (6) A brand caretaker licence shall be for a term of one year.

52.   (1) An application for renewal of the licence may be granted Renewal of brand upon meeting the requirements set out in the Third Schedule. caretaker licence. (2) A renewal shall be for a further twelve months. PART VII—LIQUID PETROLEUM GAS BULK STORAGE VESSELS

53.   (1) A person shall not acquire or manufacture a bulk liquid Acquisition of petroleum gas storage vessel for use in Kenya if the storage vessel and new Bulk liquid petroleum gas its fittings are not designed and constructed in accordance with the Storage Vessels. specifications provided in the kenya standards provided that where a liquefied petroleum gas consumer at a consumer site, institution or reticulation system acquires a bulk liquid petroleum gas storage vessel from an operator, the obligation to ensure conformity of the storage vessel and its fittings shall lie with the operator. (2) A person who acquires a bulk liquid petroleum gas storage vessel for the purpose of putting it into operation shall declare such an acquisition to the Authority not later than one calendar month from the date of acquisition. (3) The declaration made in sub-regulation (2) shall include the— (a)   capacity and number of imported or locally manufactured bulk liquid petroleum gas storage vessels; (b)   landed cost of the bulk liquid petroleum gas storage vessel inclusive of all taxes for imported bulk liquid petroleum gas storage vessel or ex-factory cost inclusive of all taxes for locally manufactured bulk liquid petroleum gas storage vessel; Kenya Subsidiary Legislation, 2025 1289 (c)   manufacturer's name and the country of origin of the bulk liquid petroleum gas storage vessel; (d)   serial number for each bulk liquid petroleum gas storage vessel; and (e)   location of installation. (4) The existing bulk liquid petroleum gas storage vessels shall be declared to the Authority within six (6) months of coming into force of these Regulations giving the information in sub-regulation (3).

54.   (1) A bulk liquid petroleum gas storage vessel manufactured Examination of locally or imported shall be examined and certified by an approved Bulk liquid petroleum gas person prior to use and periodically as set out in the Kenya Standards. storage vessels. (2) The examination and certification in sub-regulation (1) shall Cap. 236A. include the requirements set out in the Occupational Safety and Health Act. (3) The responsible person shall maintain the examination records and certificates for the lifetime of the pressure vessel. (4) A person, in the process of transferring liquid petroleum gas into or out of a bulk liquid petroleum gas storage vessel shall satisfy himself of the validity of the examination status of the bulk liquid petroleum gas storage vessel.

55.   (1) A bulk liquid petroleum gas storage vessel manufactured Calibration of locally or imported shall be calibrated and certified by an inspector Bulk liquid petroleum gas appointed from the department of weights and measures prior to use Storage Vessels. and periodically as set out in the Kenya Standards. (2) The calibration and certification in sub-regulation (1) shall Cap. 513. include the requirements set out in the Weights and Measures Act. (3) The responsible person shall maintain the calibration records and certificates, and calibration records and certificates for the lifetime of the pressure vessel. (4) A person, in the process of transferring liquid petroleum gas into or out of a bulk liquid petroleum gas storage vessel shall satisfy himself of the validity of the calibration status of the bulk liquid petroleum gas storage vessel.

56.   (1) A person who wishes to export bulk liquid petroleum gas Export of bulk storage vessels shall make an application to the Authority for approval. liquid petroleum gas storage vessels approval. (2) The application in sub-regulation (1) shall be submitted through the online portal provided by the Authority accompanied by the documents specified in the Seventh Schedule. (3) The Authority shall issue an approval if satisfied with an application made in accordance with sub-regulation (2). PART VIII—BULK LIQUID PETROLEUM GAS STORAGE AND FILLING PLANT

57.   (1) A person who wishes to construct or install a bulk Storage of bulk liquefied petroleum gas storage facility or a gas reticulation system liquid petroleum gas. shall apply for a construction permit from the Authority. 1290 Kenya Subsidiary Legislation, 2025 (2) An application for a construction permit for a bulk liquefied petroleum gas storage facility or a gas reticulation system shall specify the — (a)   exact location including the land registration number of the storage site and easements for any pipelines and incidental infrastructure; (b)   capacity of the storage facility or gas reticulation system; and (c)   scope of the project. (3) The application for a construction permit in sub-regulation (2) shall be submitted through the online portal provided by the Authority in Form II set out in the First Schedule accompanied by the documents specified in the Fourth Schedule and proof of payment of the fees set out in the Second Schedule. (4) An application for a licence to store bulk liquefied petroleum gas shall be submitted through the online portal provided by the Authority in the form set out in the First Schedule accompanied by the documents specified in the Fourth Schedule and the fees set out in the Second Schedule. (5) Where bulk liquefied petroleum gas is stored in more than one premises, a separate licence shall be required for each premises.

58.   (1) Where a person makes an application for a bulk liquid Capacity to petroleum gas storage and filling plant licence, the Authority shall operate. assess the technical and commercial capacity of the applicant to run such a business. (2) The assessment in sub-regulation (1) shall consider— (a)   brand ownership and possessing a minimum number of seventy thousand cylinders of standard capacity; or (b)   the ability to operate as a common-user facility where the combined bulk storage is over five hundred metric-tonnes capacity.

59.   (1) All licensed bulk liquid petroleum gas storage and filling Marking of liquid plants shall be uniquely marked at conspicuous points at the entrance petroleum gas bulk storage and to enhance visibility and safety. refilling plants. (2) The marking in sub-regulation (1) shall include the following information— (a)   licence and construction permit number as issued by the Authority; (b)   business registration name in full; (c)   product being stored and handled; (d)   “No Smoking sign” in crimson red on a brilliant white background and a font-size minimum of four hundred millimetres height.

60.   (1) A person shall not fill liquefied petroleum gas into Operation of an cylinders unless he is the brand owner or has prior written consent liquid petroleum gas refilling plant. from the brand owner. Kenya Subsidiary Legislation, 2025 1291 (2) An application for a licence to fill liquid petroleum gas into cylinders shall be submitted through the online portal provided by the Authority in the form set out in the Fourth Schedule accompanied by the documents specified in the First Schedule and the fees set out in the Second Schedule. (3) A copy of the consent in sub-regulation (1) shall be submitted to the Authority by the brand owner. (4) A person licensed to fill liquefied petroleum gas shall not fill cylinders that do not conform to the Kenya Standard. (5) When a liquid petroleum gas cylinder is refilled, a person operating a storage and filling plant shall— (a)   verify that the gross and tare weights of the filled cylinder are as indicated on the body of the cylinder; (b)   fit the filled liquid petroleum gas cylinder with a seal issued by the Authority; (c)   maintain and submit the Authority accurate records of refilled liquid petroleum gas cylinder serial numbers, the seal numbers, gross and tare weights; and (d)   append visible, relevant and clear safety messages on the body of the cylinder as set out in the Eleventh Schedule. (6) liquid petroleum gas cylinder filling operations shall undergo periodic quality certification. (7) Every cylinder refilled shall bear quality standardization mark as will be determined by the Kenya Bureau of Standards.

61.   (1) No person shall enable liquid petroleum gas to be Emergency supplied for use in any premises unless there is provided an controls. appropriately positioned emergency control to which there is adequate access. (2) A person installing an emergency control shall ensure that— (a)   any key, lever or hand-wheel of the control is securely attached to the operating spindle of the control; (b)   the means of operating the key or lever is clearly and permanently marked or a notice in permanent form is prominently displayed near such means so as to indicate when the control is open and when the control is shut; and (c)   any hand-wheel indicates the direction of opening or closing of the control. (3) Where a person installs an emergency control which is not adjacent to a primary valve, he shall immediately thereafter prominently display on or near the means of operating the control, a suitably worded notice in permanent form indicating the procedure to be followed in the event of an uncontrolled release of liquid petroleum gas.

62.   A licensee of a liquid petroleum gas storage and refilling Training and plant shall ensure that the person in charge is proficient in at least one competency. national language. 1292 Kenya Subsidiary Legislation, 2025 PART IX—CONSUMER SITE INSTALLATIONS, RETICULATED SYSTEMS AND SALE OF LIQUID PETROLEUM GAS THROUGH VOLUMETRIC FLOW METERS OR SMART METER DEVICES

63.   (1) A person intending to supply liquid petroleum gas to a Construction consumer site installation or reticulated system, shall, before permit to supply liquid petroleum commencement of installation or construction of a storage facility or gas to consumer piping systems, apply for a construction permit from the Authority. site or reticulated system. (2) The application for the construction permit in sub-regulation (1) shall be submitted through the online portal provided by the Authority and shall be — (a)   in Form 1 set out in the First Schedule; (b)   accompanied by the documents in the Fourth Schedule; and (c)   accompanied by proof of payment of the fees set out in the Second Schedule. (3) A licensee shall ensure that a meter used at a consumer site installation, reticulated system and sale through smart devices— (a)   has been type-approved by the body responsible for weights and measures; (b)   has undergone annual or any other such periodic re- calibration by a competent person appointed by the body responsible for weights and measures; and (c)   is repaired by a competent person approved by the entity responsible for weights and measures.

64.   Every person responsible for the supply of liquid petroleum Standards and gas to a consumer site shall comply with all applicable safety safety. mechanisms and ensure conformance to the relevant Kenya Standards.

65.   (1) A supplier of liquid petroleum gas to a bulk consumer Price disclosure. site or through reticulated systems or through smart meter devices shall make full disclosure of the price build up to the consumer. (2) The disclosure in sub-regulation (1) shall include the following— (a)   unit price of the liquid petroleum gas product; (b)   unit price of capital items amortized and included as part of product cost; (c)   transport costs; (d)   applicable taxes and levies per unit; and (e)   discounts if any.

66.   A consumer of liquid petroleum gas at a consumer site, Right to through a reticulated system and smart meter device shall be entitled to statement. a statement of the volume of liquid petroleum gas consumed at periodic intervals. Kenya Subsidiary Legislation, 2025 1293

67.   (1) A person shall not undertake the business of reticulation Reticulated liquid of liquefied petroleum gas without a valid licence issued by the petroleum gas systems. Authority. (2) A person who wishes to undertake the business of reticulation of liquefied petroleum gas shall apply for a license from the Authority. (3) The application in sub-regulation (2) shall— (a)   be submitted through the online portal provided by the Authority; (b)   be in the form VI set out in the First Schedule; (c)   be accompanied by proof of payment of the fees set out in the Second Schedule; and (d)   be accompanied by the documents specified in the Fourth Schedule. (4) The Authority shall review the application in sub-regulation (2) within forty-five days of receipt of the application. (5) Where the application in sub-regulation (2) is successful, the Authority shall issue the permit. (6) Where the application in sub-regulation (2) is unsuccessful, the Authority shall provide reasons for the rejection. (7) A liquefied petroleum gas reticulation system shall conform to the provisions of the relevant Kenya Standard and be operated in accordance with guidelines published by the Authority. (8) The operator of a liquefied petroleum gas reticulation system shall maintain the structures where the pipeline and incidental installation for liquefied petroleum gas distribution are located. (9) A design for a liquefied petroleum gas reticulation system shall incorporate environment, health and safety standards and shall be certified by a professional engineer. (10) A person licensed to operate a liquefied petroleum gas reticulation system shall maintain a record of any accidents related to operations of the system and complaints arising from the services of the operator record. (11) The records in sub-regulation (9) and the respective investigation reports shall be submitted to the Authority. (12) The operator of a liquefied petroleum gas reticulation system shall prepare a model consumer supply agreement, and submit to the Authority for approval. (13) The operator of a liquefied petroleum gas reticulation system shall enter into separate consumer supply agreements approved in sub- regulation (11) with each liquefied petroleum gas consumer.

68.   (1) The service contract shall include the following— Service contracts. (a)   name, address and telephone number of the operator and the liquefied petroleum gas consumer; 1294 Kenya Subsidiary Legislation, 2025 (b)   rights and obligations of the parties; (c)   emergency response plan; (d)   billing period and the mode of payment; (e)   total cost of service which shall clearly be categorized into the selling price of the product per kilogram, the amortized cost of the infrastructure and operations & maintenance cost; (f)   requirement for either party to give notice for termination of service, increase of any component of total cost of service and un-availability of service due to scheduled maintenance; (g)   service level agreement containing minimum acceptable performance standards; (h)   situations which may lay grounds for stopping deliveries to customers such as emergencies, defective equipment, non- settlement of overdue accounts and the required notice; and (i)   complaints and dispute handling procedures. (2) The operator of a liquefied petroleum gas reticulation system shall maintain records of all the bulk liquefied petroleum gas purchased and delivered which shall contain the— (a)   respective times and dates; (b)   registration number of the delivery vehicles; (c)   name and licence number of the liquefied petroleum gas supplier; and (d)   quantity of the liquefied petroleum gas.

69.   (1) A supplier or operator of a consumer site installation, a Complaint and reticulated system and sale of liquid petroleum gas through volumetric dispute resolution handling manual. flow meters shall maintain a complaints and dispute handling manual which shall include the following contents— (a)   internal structures and reporting requirements for complaint handling; (b)   modes of receiving complaints; (c)   how to record complaints; (d)   modalities of investigating complaints; (e)   modalities of identifying and recording systemic issues; (f)   modes of responding to complaints within appropriate time limits; (g)   modalities of referring unresolved complaints relating to his licence and licence conditions to the Authority; and (h)   the types of remedies available for resolving complaints. (2) A copy of the liquid petroleum gas supplier’s complaint and dispute handling manual in sub regulation (1) shall be provided to the staff of the supplier or operator and consumers. Kenya Subsidiary Legislation, 2025 1295

70.   The operator of a reticulated system shall ensure the Technical support. availability of a technical person on call at all times for technical support.

71.   (1) Each housing unit or consumer outlet shall have a Reticulation separate and functional metering system approved by the body metering system. responsible for weights and measures. (2) The unit of sale of liquefied petroleum gas for liquefied petroleum gas consumers in a liquefied petroleum gas reticulation system may be in— (a)   meter-cubic; or (b)   kilograms provided as per the API/ASTM Volume Correction Factor (VCF) Standard. (3) When installing a liquid petroleum gas meter, consideration shall be made to ensure— (a)   there is no risk of damage to it from electrical apparatus; (b)   that it is in a readily accessible position for inspection and maintenance; and (c)   that its position or location does not impair the accuracy of measurement of liquid petroleum gas to consumers. (4) Where a person installs a meter and the pipes and other gas fittings associated with it, he shall ensure that— (a)   immediately thereafter, they are adequately tested to verify that they are gas tight and examined to verify that they have been installed in accordance with these Regulations and the standards approved by the Kenya Bureau of Standards; and (b)   immediately after such testing and examination, purging is carried out throughout the meter and every other fitting through which liquid petroleum gas can then flow so as to safely remove all air and any other gas than liquid petroleum gas.

72.   (1) The operator or the supplier of liquid petroleum gas shall Primary metres. not install a prepayment meter as a primary meter through which liquid petroleum gas passes to a secondary meter. (2) A person when providing liquid petroleum gas through any service pipe or service pipework to more than one primary meter or making any modification which affects the number of primary meters provided, shall ensure that a legible notice is prominently displayed on or near each primary meter indicating that more than one primary meter is provided with liquid petroleum gas through that service pipe or service pipework. (3) Where a primary meter is removed, the person who last supplied liquid petroleum gas through the meter before removal shall— (a)   where the meter is not forthwith re-installed or replaced by another meter— 1296 Kenya Subsidiary Legislation, 2025 (i)   close any service valve which controlled the supply of gas to that meter and did not control the supply of liquid petroleum gas to any other primary meter; (ii)   seal the outlet of the emergency control with an appropriate fitting; and (iii)  clearly mark any live liquid petroleum gas pipe in the premises in which the meter was installed to the effect that the pipe contains liquid petroleum gas; and (b)   where the meter is not re-installed or replaced by another meter before the expiry of a period of twelve months beginning on the date of removal of the meter and there is no such service valve as is mentioned in sub-regulation (3) (a) (i), ensure that the service pipe or service pipework for those premises is disconnected as near as is reasonably practicable to the main or storage vessel and that any part of the pipe or pipework which is not removed is sealed at both ends with the appropriate fittings. (4) Where a person, not being the supplier of liquid petroleum gas, proposes to remove a primary meter he shall give sufficient notice of it to the supplier to enable him to comply with sub-regulation (3).

73.   (1) The operator or supplier of liquid petroleum gas in Security metres. reticulated system person supplying or permitting the supply of liquid petroleum gas through a primary meter to a secondary meter shall ensure that a line diagram in permanent form is prominently displayed— (a)   on or near the primary meter or gas storage vessel; and (b)   on or near all emergency controls connected to the primary meter, showing the configuration of all meters, installation pipework and emergency controls. (2) The operator or supplier of liquid petroleum gas in reticulated system who changes the configuration of any meter, installation pipework or emergency control so that the accuracy of the line diagram referred to in sub-regulation (1) is affected shall ensure that the line diagram is amended so as to show the altered configuration.

74.   (1) Where a meter is housed in a meter box attached to or Metre housing. built into the external face of the outside wall of any premises, the meter box shall be so constructed and installed that any gas escaping within the meter box cannot enter the premises or any cavity in the wall but must disperse to the external air. (2) The responsible person shall ensure that any meter box is kept free of combustible materials. (3) A person shall not install a meter in a meter box provided with a lock, unless the consumer has been provided with a suitably labelled key to that lock. Kenya Subsidiary Legislation, 2025 1297

75.   (1) A person shall not install a primary meter or meter by- Regulators. pass used in connection with a primary meter unless— (a)   there is a regulator controlling the pressure of liquid petroleum gas supplied through the meter or the by-pass, as the case may be, which provides adequate automatic means for preventing the gas fittings connected to the downstream side of the regulator from being subjected to a pressure greater than that for which they were designed; (b)   where the normal pressure of the liquid petroleum gas supply is 75 millibars or more at the inlet to the regulator and there are also adequate automatic means for preventing, in case the regulator should fail, those gas fittings from being subjected to such a greater pressure; and (c)   where the regulator contains a relief valve or liquid seal, such valve or seal is connected to a vent pipe of adequate size and so installed that it is capable of venting safely. (2) The operator or supplier from a bulk liquid petroleum gas storage vessel to any service pipework or liquid petroleum gas fitting shall ensure that— (a)   there is a regulator installed which controls the nominal operating pressure of the liquid petroleum gas; (b)   there is adequate automatic means for preventing the installation pipework and liquid petroleum gas fittings downstream of the regulator from being subjected to a pressure different from that for which they were designed; and (c)   there is an adequate alternative automatic means for preventing the service pipework from being subjected to a greater pressure than that for which it was designed should the regulator referred to in sub-regulation (2)(a) fail. (3) Where installation consists of more than one liquid petroleum gas cylinder, the liquid petroleum gas shall pass through a regulator which will reduce its pressure at the point of use to a safe level. (4) Without prejudice to sub-regulation (3), no person shall cause liquid petroleum gas to be supplied through a liquid petroleum gas cylinder bank installation connected to an automatic change-over device unless there is an adequate alternative means for preventing the installation pipework and any gas fitting downstream of the regulator from being subjected to a greater pressure than that for which it was designed should the regulator fail. (5) Where a supplier or operator installs— (a)   a regulator for controlling the pressure of gas through a primary meter, through a meter bypass used in connection with a primary meter or from a liquid petroleum gas storage vessel; or (b)   a liquid petroleum gas appliance itself fitted with a regulator for controlling the pressure of liquid petroleum gas to that appliance; 1298 Kenya Subsidiary Legislation, 2025 he shall immediately thereafter ensure, in either case, that the regulator is sealed so as to prevent its setting from being interfered with without breaking of the seal. (6) In relation to— (a)   liquid petroleum gas from a distribution main; and (b)   liquid petroleum gas from a storage vessel, he shall immediately thereafter ensure, in either case, that the regulator is sealed so as to prevent its setting from being interfered with without breaking of the seal. (7) A person who breaks a seal applied under sub-regulation (5) shall apply as soon as is reasonably practicable a new seal which is adequate to prevent the setting of the regulator from being interfered with without breaking such seal.

76.   (1) An operator of a liquid petroleum gas reticulated system Emergency shall ensure legible emergency instructions are prominently displayed instructions. on or near the primary shut off valve indicating the procedure to be followed in the event of an emergency situation. (2) Where the primary shut off valve is not within two meters of the offloading point and is not accessible or within sight, the emergency instructions in sub regulation (1) shall be put on the nearest upstream emergency control and shall point to the location of the primary shut off valve. (3) The emergency instructions shall also be placed in all other emergency control points and shall indicate where the primary shut off valve is located.

77.   (1) A liquid petroleum gas reticulated system developer shall Protection of ensure that the system has a separate service duct from that of buildings. electricity and water supply and drainage services. (2) Where a modification is carried out by a developer, the modification shall not impair the structural integrity of the building or impair the fire resistance of any part of its structure. (3) In all cases, the liquid petroleum gas reticulated system pipework shall be protected from damage by means of an additional sleeve or being concealed inside a service duct.

78.   (1) The responsible person of the liquid petroleum gas Making of pipes. reticulation system shall ensure that all liquid petroleum gas pipe networks are consciously marked as per the colour codes specified in the applicable Kenya Standards. (2) The responsible person shall ensure that the colour coding in sub-regulation (1) is maintained throughout the service life of the liquid petroleum gas pipe network systems.

79.   (1) The following conditions shall apply where liquid Multi-storey petroleum gas is supplied through a service pipe to any building having liquid petroleum gas installations. two or more floors— (a)   a main shut off valve to the building shall be installed in the pipe in a conspicuous and readily accessible position; and Kenya Subsidiary Legislation, 2025 1299 (b)   a legible and prominently displayed line diagram attached to the building in a readily accessible position as near as practicable to the emergency control, or to the liquid petroleum gas storage vessel, indicating the position of all installation pipework, all meters, emergency controls, valves and pressure test points of the liquid petroleum gas supply systems in the building. (2) The design and installation of liquid petroleum gas reticulation system in sub regulation (1) shall be carried out by a liquid petroleum gas installer.

80.   (1) Every landlord shall ensure that there is maintained in a Obligations of safe condition— landlords. (a)   any relevant liquid petroleum gas fitting; and (b)   any pressure venting pipe and points or fitting so as to prevent the risk of injury to any person in lawful occupation of relevant premises. (2) Without prejudice to the generality of sub-regulation (1), a landlord shall— (a)   prevent trespassing or tampering to the reticulation system; (a)   ensure that each appliance and pressure relief points to which that duty extends is checked for safety within twelve months of being installed and at least once in any twelve-month period; (b)   ensure that a record in respect of any appliance so checked is made and retained for a period of two years from the date of the check, which record shall include the following information— (i)   the date on which the appliance or pressure relief valve was checked; (ii)   the address of the premises at which the appliance or pressure relief valve is installed; (iii)   the name and address of the landlord of those premises or where appropriate, his agent; (iv)   a description of and the location of each appliance or pressure relief valve checked; (v)   any defect identified; (vi)   any remedial action taken; (vii)   the name and signature of the individual carrying out the check; and (viii)   the registration number of liquid petroleum gas installer that has carried out the check. (3) Every landlord shall ensure that any work in relation to a relevant liquid petroleum gas fitting or any check of a liquid petroleum 1300 Kenya Subsidiary Legislation, 2025 gas appliance carried out pursuant to sub-regulation (1) or (2) is carried out by a liquid petroleum gas installer. (4) The record referred to in sub-regulation 2(b) shall be made available upon request and upon reasonable notice for the inspection of any person in lawful occupation of relevant premises who may be affected by the use or operation of any appliance to which the record relates. (5) Notwithstanding sub-regulation (4), every landlord shall ensure that— (a)   a copy of the record made pursuant to the requirements of sub-regulation 2(b) is given to each existing tenant of premises to which the record relates within twenty-eight days of the date of the check; (b)   a copy of the last record made in respect of each appliance is given to any new tenant of the premises to which the record relates before that tenant occupies those premises where the tenancy is more than a month; and (c)   where the tenancy period is less than a month, a copy of the record may be prominently displayed within the premises.

81.   Where a supplier of liquid petroleum gas or his authorised Rights of entry. agent has reasonable cause to suspect— (a)   that liquid petroleum gas conveyed or supplied by him is escaping, or may escape, in any premises; or (b)   that liquid petroleum gas conveyed or supplied by him which has escaped has entered, or may enter, any premises; the supplier or authorized agent may enter the premises to carry out any work necessary to prevent the escape and take any other steps necessary to avert danger to life or property.

82.   (1) Any approved person or installer engaged by the Inspection, testing responsible person may on production of duly authenticated document and disconnection. showing his authority, with such other persons as may be necessary enter any premises in which there is a service pipe connected with a liquid petroleum gas main for the purpose of inspecting — (a)   any liquid petroleum gas fitting on the premises; (b)   any flue or means of ventilation used in connection with any such liquid petroleum gas fitting; and (c)   any service pipe or other apparatus on the premises which is used for the conveyance or supply of liquid petroleum gas or which is connected with a liquid petroleum gas main; (2)   Where the approved person or installer enters any premises, the approved person or installer shall examine or apply any test to any object mentioned in sub-regulation (1) and where the object is a liquid petroleum gas fitting, verify the supply of air available for it, with a view to ascertaining whether— (a)   the provisions of these Regulations or any other statutory provision having effect for the purpose of protecting the Kenya Subsidiary Legislation, 2025 1301 public against risks to health and safety have been complied with; and (b)   the object is in such a condition, or in the case of a liquid petroleum gas fitting, the supply of air available for it is so inadequate, that it is likely to constitute a danger to any person or property. (3)   Where after the inspections under sub-regulation (2), the approved person or installer is of the opinion that it is necessary to take action for the purpose of averting danger to life or property, and notwithstanding any contract previously existing, the approved person may— (a)   disconnect and seal off any liquefied petroleum gas fitting and any part of the liquid petroleum gas supply system on the premises; or (b)   if no such supply is being given, signify the refusal of the supplier to allow such a supply.

83.   (1) A supplier of liquid petroleum gas through smart meters Right to receipts or an operator of reticulated system shall, where payment is in advance and statement of Account. or by cash settlement on delivery, issue a receipt to the consumer at the time the liquid petroleum gas is delivered. (2) A supplier of liquid petroleum gas through smart meters or operator of reticulated system, where the sale is on account, shall issue a statement of account to the consumer within thirty days of the date on which the liquid petroleum gas is delivered. (3) The receipt in sub regulation (1) and the statement of account in sub regulation (2) shall include all required information related to all transactions in the period including but not limited to price and quantity, date and place of sale or delivery. (4) On request, a supplier of liquid petroleum gas through smart meters or an operator of reticulated system shall issue to the consumer a statement of amount in arrears or the amount of any unused advance payment. (5) A supplier of liquid petroleum gas through smart meters or operator of reticulated system shall retain records of the sale of liquid petroleum gas to a consumer for at least two years and provide that information to the consumer on request.

84.   (1) Where an approved person or an installer engaged by the Notification to responsible person realises a defect that may pose danger to the people Consumer. and to property with respect to the liquid petroleum gas supply system, and disconnects the supply, or signifies that no liquefied petroleum gas should be supplied through the system, the supplier shall, within five working days after the day on which such action is taken, serve on the consumer a notice in writing— (a)   specifying— (i)   the nature of the defect or other circumstances in consequence of which the power was exercised; and 1302 Kenya Subsidiary Legislation, 2025 (ii)   the nature of the danger in question and the action taken in the exercise of the power; (b)   stating— (i)   that the consumer has a right to make a complaint under the Act to the Authority against the action taken within a period of thirty days beginning on the date of the notice; and (ii)   the grounds on which and the manner in which he can make complaints. (2) Where an approved person or installer takes the action referred to in sub regulation (1) in relation to any premises, he shall at the same time conspicuously affix a notice at the premises. (3) The notice required under sub-regulation (2) shall be affixed— (a)   where a liquid petroleum gas fitting or any part of the liquid petroleum gas supply system on the premises has been disconnected or sealed off, to, or to part of the premises near to, the liquid petroleum gas fitting or part of the liquid petroleum gas supply system in question; (b)   where the supply of liquid petroleum gas to the premises has been disconnected, to, or to a part of the premises near to, the meter nearest downstream to the point of disconnection or, if there is no such meter, to a conspicuous part of the premises; or (c)   where the supplier has signified its refusal to give or allow such a supply, to, or to a part of the premises near to, the incident shall be reported to the Authority within forty-eight hours.

85.   (1) A consumer on whom a notice is served under regulation Appeal against 84 may, within a period of thirty days beginning on the date of the notices. notice raise a complaint to the Authority against the action taken by the supplier on any of the following grounds— (a)   that the defect or other circumstances specified in the notice did not constitute a danger such as to justify the action taken specified in the notice; (b)   that the defect or other circumstances so specified did not exist at the time the action was taken; or (c)   that the defect or other circumstances so specified have ceased to exist. (2) Complaints under this regulation are of no effect unless made by notice in writing given to the Authority indicating the grounds on which they are made. (3) On receipt of any such complaints the Authority may, if the consumer or responsible person so desires, afford each of them an opportunity of appearing before, and being heard by, a person appointed by the Authority for the purpose. Kenya Subsidiary Legislation, 2025 1303 (4) The Authority shall within sixty days from the date of receipt of the complaint in sub regulation (2) by a consumer, make its decision on any matter before it. (5) Where the Authority finds that the disconnection was without valid reason, the responsible person shall be liable to the penalties as specified in the Act.

86.   (1) Subject to sub-regulation (2), no person shall, except with Prohibition of the consent of the responsible person or pursuant to directions given by reconnection or restoration of the Authority — supply. (a)   reconnect any liquid petroleum gas fitting or any part of a supply system which has been disconnected by or on behalf of the responsible person where he knows or has reason to believe that it has been so disconnected; (b)   reconnect the supply of liquid petroleum gas to any premises which has been disconnected by or on behalf of the responsible person where he knows or has reason to believe that it has been so disconnected; or (c)   cause liquid petroleum gas from a liquid petroleum gas main to be conveyed to any premises where pursuant to these Regulations the refusal of the responsible person to give or allow a supply of liquid petroleum gas to those premises has been denied and that refusal has not been withdrawn. (2) The prohibition imposed by sub-regulation (1)(a) and (b) does not apply in the course of the repairing or testing of any fitting or any part of a liquid petroleum gas supply system. PART X—CONSUMER SITE INSTALLATIONS AT PUBLIC USE ESTABLISHMENTS

87.   (1) A person intending to supply liquid petroleum gas to a Consumer site consumer site installation in a public use establishment, shall, before installations. commencement of installation or construction of a storage facility or piping systems, and upon meeting the requirements set out in the Third Schedule apply for a construction permit from the Authority. (2) The application for the construction permit in sub-regulation (1) shall be submitted through the online portal provided by the Authority in the form set out in the First Schedule accompanied by the documents specified in the Fourth Schedule and proof of payment of the fees set out in the Second Schedule.

88.   Every supplier of liquid petroleum gas or responsible person Standards and for a consumer site shall put in place safety mechanisms and ensure safety. they comply to the relevant Kenya Standards.

89.   (1) A supplier of liquid petroleum gas to a bulk consumer Price disclosure. site within a public institution shall make full disclosure of the price build up to the consumer. (2) The disclosure in sub-regulation (1) shall include the following— 1304 Kenya Subsidiary Legislation, 2025 (a)   unit price of liquid petroleum gas product; (b)   unit price of capital items amortized and included as part of product cost; (c)   transport costs; (d)   applicable taxes and levies per unit; and (e)   discounts if any.

90.   Consumers of liquid petroleum gas at public use Right to establishments shall be entitled to a statement of the volume of their statement. consumption at periodic intervals.

91.   The supplier of liquid petroleum gas or the responsible Requirement for person of a consumer site or a consumer site installation at a public use establishment shall maintain records of the existing installations affiliated to them and at minimum maintain the information below— (a)   name, postal address, physical location, Global Positioning System Coordinates, contact (Telephone number, email) person of the user; (b)   name of the manufacturer and installer or provider of liquid petroleum gas infrastructure; (c)   size and other specifications of liquid petroleum gas infrastructure installed; (d)   date of installation and commissioning; and (e)   last statutory inspection of liquid petroleum gas tanks.

92.   (1) A supplier or operator of a consumer site installation at a Maintenance of a public use establishment shall maintain a complaints and dispute complaints and disputes handling handling manual which shall include the following contents— manual at consumer sites. (a)   internal structures and reporting requirements for complaint handling; (b)   modes of receiving complaints; (c)   how to record complaints; (d)   modalities of investigating complaints; (e)   modalities of identifying and recording systemic issues; (f)   modes of responding to complaints within appropriate time limits; (g)   modalities of referring unresolved complaints relating to his licence and licence conditions to the Authority; and (h)   the types of remedies available for resolving complaints. (2) A copy of the supplier’s complaint and dispute handling manual in sub-regulation (1) shall be provided to all the staff of the supplier and consumers.

93.   (1) The management of the public use establishment shall be Maintenance of responsible for the maintenance and repair of the storage and supply the infrastructure. system. Kenya Subsidiary Legislation, 2025 1305 (2) The management of the public use establishment may enter into an agreement to delegate the obligation in sub-regulation (1) to a party with capacity to carry out the required maintenance and repair person. (3) The management of the public use establishment shall take precaution to prevent trespassing or tampering with the liquid petroleum gas storage and supply system.

94.   (1) An operator of a consumer site installation at a public use Emergency establishment shall ensure legible emergency instructions are instructions. prominently displayed on or near the primary shut off valve indicating the procedure to be followed in the event of an emergency situation. (2) Where the primary shut off valve is not with two meters of the offloading point and is not accessible or within view, the emergency instructions in sub-regulation (1) shall be put on the nearest upstream emergency control and shall point to the location of the primary shut off valve. (3) The emergency instructions shall also be placed in all other emergency control points and will indicate where the primary shut off valve is located. (4) The responsible person shall ensure that the colour coding in sub regulation (1) is maintained throughout the service life of the pipe network systems. PART XI—TRANSPORT OF LIQUID PETROLEUM GAS IN BULK AND IN CYLINDERS

95.   (1) A person licensed to transport bulk liquefied petroleum Prohibition gas shall not permit any of his motor vehicles to load or discharge against loading or discharging liquid liquefied petroleum gas into or from a bulk liquefied petroleum gas petroleum gas into storage facility that is not licensed under these Regulations except illegal facility. where the discharge is to a liquefied petroleum gas consumer. (2) A person who contravenes this regulation commits an offence and shall, upon conviction, be liable to the general penalty set out under section 124 of the Act.

96.   (1) A person shall not transport more than three liquid Transport of petroleum gas cylinders, whether filled or empty, by road except in liquid petroleum gas cylinders. accordance with the terms and conditions of a valid licence issued by the Authority or its licensing agents. (2) An application for a licence to transport cylinders by road shall be submitted through the online portal provided by the Authority together with the documents specified in the First Schedule and the fees set out in the Second Schedule. (3) A person licensed to transport cylinders by road shall not permit any of his motor vehicles to load or off-load from or to a cylinder filling facility, wholesaler or retailer that is not licensed by the Authority. (4) A motor vehicle for use in the transport of cylinders shall be equipped with two serviced dry powder fire extinguishers of at least nine kilograms each. 1306 Kenya Subsidiary Legislation, 2025 (5) The arrangement of cylinders during transportation shall comply with the Kenya Standard. (6) A vehicle transporting liquid petroleum gas in bulk and in cylinders shall be marked with the following information— (a)   legible information indicating “Liquid Petroleum Gas – Highly Flammable & Explosive”; (b)   the size of signage to be used shall be of two hundred millimetres (200mm) height; (c)   the text shall be of crimson red on white background; (d)   the information shall be contained at the front, rear, left and the right side of the vehicle; (e)   the driver’s side shall contain the details of the transporter including the registered name and the licence number as issued by the Authority.

97.   (1) A person shall not transport liquid petroleum gas Transport of cylinders on a two-wheeler or three-wheeler motorized vehicle, liquid petroleum gas cylinders on whether filled or empty, except in accordance with the terms and two-wheelers and conditions of a valid licence issued by the Authority. three-wheelers motorized vehicle. (2) A two-wheeler and three-wheeler used in the transport of portable liquid petroleum gas cylinders shall be equipped with a serviced dry powder fire extinguisher of at least five kilograms capacity. (3) The maximum number of liquid petroleum gas cylinders, whether filled or empty, that can be transported in sub-regulation (1) shall be— (a)   in the case of a two-wheeler vehicle— (i)   six of six-kilogram capacity cylinder; (ii)   four of thirteen-kilogram capacity cylinder; or (iii)   for any other standard capacity cylinder, a maximum of combined one hundred kilograms gross-weight; (b)   in the case of a three-wheeler vehicle— (i)   thirty-five of six-kilogram capacity cylinder; (ii)   twenty of thirteen-kilogram capacity cylinder; or (iii)  for any other cylinder capacities, a maximum of combined five hundred kilograms gross-weight. (4) All the cylinders in sub-regulation (2) shall be transported in an upright position and be properly secured during transit. (5) A two-wheeler motorized vehicle shall not transport a liquid petroleum gas cylinder whose net capacity exceeds thirteen kilograms. (6) A person who contravenes this regulation commits an offence and shall upon conviction be liable to a fine of twenty thousand shillings per offence. Kenya Subsidiary Legislation, 2025 1307

98.   (1) A driver shall not take charge of a vehicle transporting Liquid petroleum liquid petroleum gas if he is not in possession of a valid petroleum gas Driver Obligations. driver certificate from the Authority. (2) A holder of a valid petroleum driver certificate issued by the Authority shall not drive a vehicle with an expired petroleum permit. (3) A person, whether holding a valid petroleum driver certificate or not, shall not cause a vehicle to drive into a storage refilling plant or facility that is not licensed by the Authority. (4) A person holding a valid petroleum driver certificate shall not allow another person not licensed by the Authority to drive the vehicle referred to in this regulation.

99.   (1) A person licensed to transport liquid petroleum gas in Obligation of an bulk or in cylinders shall not carry unauthorised persons in the vehicle liquid petroleum gas Transporter. during such transportation. (2) A person licensed to transport bulk liquid petroleum gas shall install a system with Global Positioning System on his vehicle and grant the Authority unfettered access. (3) A transporter of liquid petroleum gas shall put in place an emergency recovery system which includes but is not limited to being in possession of recovery equipment or a contract with a recovery firm. (4) A transporter of liquid petroleum gas shall not cause his driver or vehicle to drive into a facility that is not licensed by the Authority or convey a liquid petroleum gas consignment for a person who is not licensed by the Authority as an importer, exporter, wholesaler or retailer. (5) A transporter of liquid petroleum gas shall not cause a driver under his employment to drive a vehicle for— (a)   more than eight hours in any twenty four-hour cycle; or (b)   a total of three hundred kilometres within a period of twenty- four hours whichever is achieved first. (6) A transporter of liquid petroleum gas shall ensure that his vehicle is operated by two drivers where the vehicle— (a)   is to be driven for a distance of more than five hundred kilometres; or (b)   is to be driven for more than eight hours. (7) A transporter of liquid petroleum gas shall ensure a driver rests for a period of at least one hour for each period of continuous driving of four hours. (8) A person who contravenes this regulation commits an offence and shall upon conviction be liable to a fine of twenty thousand shillings per offence. PART XII—DATA , REPORTING AND VERIFICATION

100.  (1) Every importer and wholesaler shall declare the sale or Declaration of the quantity of liquid petroleum gas handled in bulk to the Authority bulk liquid petroleum gas every tenth day of the calendar month. import, sales and 1308 Kenya Subsidiary Legislation, 2025 purchases. (2) The declaration in sub-regulation (1) above shall include— (a)   in the case of liquid petroleum gas import— (i)   load port and country of origin of the consignment; (ii)   name of the importer; (iii)   name and identification details of the vessel; (iv)   bill of Lading date and quantity of the consignment; (v)   specifications of the consignment and in particular propane-butane ratio; and (vi)   name of discharge jetty and shore-tank(s) and custom quantities discharged therein. (b)   In the case of local sales (bulk wholesale and to consumer site)— (i)   the name of the purchaser; (ii)   the date of completion of transfer of custody of the sold consignment; (iii)  details of the tax invoice; (iv)  the quantity of the consignment; and (v)   the transporter’s name and registration details of the vehicle or vessel carrying the consignment. (3) The Authority may require the information in sub-regulation (2) to be declared on the Authority’s online portal. (4) A person who, being a licensee or not, fails to declare the information required in sub regulation (2) in the prescribed format commits an offence and shall be liable upon conviction to a fine of twenty thousand shillings per offence.

101.   (1) The party intending to load bulk liquid petroleum gas Declaration of shall declare to the Authority the intention to load at least a day before Transaction. loading. (2) The party receiving bulk liquid petroleum gas shall declare to the Authority immediately upon the receipt of the liquid petroleum gas. (3) The declaration in sub-regulation (1), and (2) shall include the— (a)   name of loading depot; (b)   name of purchase; (c)   liquid petroleum gas quantity; (d)   truck registration number for loading; (e)   intended loading date; (f)   destination of the consignment. (4) The declaration in sub-regulation (1) and (2) shall be made through an online portal provided by the Authority. Kenya Subsidiary Legislation, 2025 1309 (5) The obligations in sub-regulation (1) and (2) shall apply to— (a)   storage of bulk liquid petroleum gas; (b)   wholesale of liquid petroleum gas in bulk; (c)   supply to a bulk consumer site; and (d)   transport of liquid petroleum gas in bulk.

102.  (1) A person licenced to refill, wholesale or retail liquid Records to be petroleum gas in cylinders shall maintain records of daily purchase, kept. sale and storage of liquefied petroleum gas at the business premises indicating therein— (a)   the opening stock of the filled, empty and defective cylinders; (b)   the number of filled, empty and defective cylinders received during the day; (c)   the number of filled, empty and defective cylinders sold, delivered or otherwise disposed of during the day; (d)   the closing stock of the filled, empty and defective cylinders. (2) The licensee for liquid petroleum gas reticulation or smart meters shall maintain a record of the following in relation to the final consumer— (a)   names of final consumer; (b)   address of final consumer; (c)   list of complaints from the final consumer; and (d)   quantities of liquid petroleum gas consumed. (3) A person who fails to keep records as required under sub regulation (1) commits an offence and shall be liable upon conviction to a fine of twenty thousand shillings. PART XIII—COMPLIANCE AND ENFORCEMENT

103.  (1) An inspector or agent of the Authority may inspect a Inspection. liquid petroleum gas bulk or cylinder storage facility, a retail outlet, a vehicle or premises where liquid petroleum gas operations are being carried out to ascertain that the operations are being carried out in compliance to these regulations. (2) An inspector or agent of the Authority may enter upon and inspect a bulk or cylinder storage facility, premises, retail outlet or vehicle at, on or in which liquid petroleum gas is reasonably suspected of being sold, transported, stored or refilled. (3) Where inspection in sub-regulation (1) or (2) is being conducted, any person conducting the liquid petroleum gas business shall render such assistance to an inspector or agent of the Authority as may be required in the course of such inspection. 1310 Kenya Subsidiary Legislation, 2025 (4) During inspection, an inspector or agent of the Authority may— (a)   take samples of any substance or articles stored in a liquid petroleum gas bulk or cylinder storage facility, a retail outlet, a vehicle or premises for analysis; (b)   make copies or take extracts from records kept in a liquid petroleum gas bulk or cylinder storage facility, a retail outlet, a vehicle or premises; (c)   make an inquiry from the person on site and staff of a liquid petroleum gas bulk or cylinder storage facility, a retail outlet, a vehicle or premises; (d)   enter upon any a liquid petroleum gas bulk or cylinder storage facility, a retail outlet, a vehicle or premises at which any undertaking is carried out or an offence under these Regulations is or is suspected to have been committed; (e)   inspect and test any process, installation, works or other operation, machinery, equipment, fittings and apparatus which is or appears likely to be carried out in liquid petroleum gas bulk or cylinder storage facility, a retail outlet, a vehicle or premises; (f)   require from any person the production of records which appears to the inspector or agent of Authority to have relevance to the inspection (5) After the conduct on an inspection, where an inspector or agent of the Authority considers that the activities conducted on bulk liquid petroleum gas or cylinder storage facility, premises, retail outlet or vehicle are not in compliance with these regulations, the inspector or agent of the Authority may— (a)   seal a bulk liquid petroleum gas or cylinder storage facility, premises, retail outlet or vehicle; (b)   disconnect supply into or out of bulk liquid petroleum gas storage tank, or vehicle; or (c)   seize and transfer equipment used for conducting the illegal activity to a safe place. (6) A person shall not interfere with or by-pass a seal placed by an inspector or agent of the Authority under sub-regulation (5) (a). (7) A person shall not obstruct the conduct of an inspection or fail to comply with the requirements of an inspector or agents of the Authority during an inspection. (8) A person who obstructs inspection officers commits an offence and shall upon conviction be liable to the general penalty set out under section 124 of the Act. (9) Where the offence under sub-regulation (8) is committed by a licensee, the inspector or the Authority may recommend suspension or revocation of a licence. Kenya Subsidiary Legislation, 2025 1311

104.  (1) At the conclusion of an inspection and where it is found Notification of that there is violation of these Regulations, the inspector shall serve the offences. person in breach a notification of offence in the form set out in the Tenth Schedule (2) Where the person served the notification under sub-regulation (1) admits liability for the offence specified under the notification, the person shall endorse the admission and be liable to the requisite penalty. (3) Where the person served the notification under sub-regulation (1) disputes liability for the offence specified in the notification, the inspector or agent of the Authority shall issue the person with a compliance order.

105.  (1) The inspector or agent of the Authority who, while Compliance conducting and inspection determines that there is non- compliance orders. with these Regulations, the inspector or agent of the Authority shall issue a compliance order to the person responsible for such violation. (2) Upon the conclusion of the inspection and where the inspector or agent of the Authority is satisfied that the continued operation of the bulk liquid petroleum gas or cylinder storage facility, premises, retail outlet or vehicle poses an imminent danger to the lives of people and environment or destruction of property, the inspector or agent of the Authority may proceed to order for the closure or apply to a court of competent jurisdiction for impoundment of the said bulk liquid petroleum gas or cylinder storage facility, premises, retail outlet or vehicle regardless of whether the said person has admitted to the offence or not. (3) A compliance order may direct— (a)   closure of the said bulk liquid petroleum gas or cylinder storage facility, premises, retail outlet or vehicle; (b)   stop operations of the said bulk liquid petroleum gas or cylinder storage facility, premises, retail outlet or vehicle; (c)   in case of environmental degradation, the operator of the said bulk liquid petroleum gas or cylinder storage facility, premises, retail outlet or vehicle to remediate the site; (d)   evacuate liquid petroleum gas from the said bulk liquid petroleum gas or cylinder storage facility, premises, retail outlet or vehicle. (4) An inspector or agent of the Authority who issues the direction under sub-regulation (2) shall specify the reasons for the direction and attach the available evidence to the compliance order (5) A person who fails to comply to the directions in sub- regulation (2) commits an offence and shall be liable upon conviction to a fine of twenty thousand shillings per offence.

106.   (1) A person in possession of at least three filled liquid Presumption of petroleum gas cylinders shall be presumed to be conducting liquid Liability for Prohibited Acts. petroleum gas business with the cylinders. 1312 Kenya Subsidiary Legislation, 2025 (2) A person who displays at least three filled liquid petroleum gas cylinders that are not in use in their establishment shall be presumed to be conducting liquid petroleum gas business with the cylinders. (3)A person conducting a liquid petroleum gas business found to be in possession of— (a)   unauthorizedly refilled liquid petroleum gas cylinders; (b)   unauthorised rebranded liquid petroleum gas cylinders; (c)   filled liquid petroleum gas cylinders not conforming to Kenya Standard; (d)   filled liquid petroleum gas cylinders that are due for repair, requalification or scrappage; (e)   filled cylinders not bearing the embossed markings of the brand or trade name; (f)   filled cylinders that are defaced, tampered with or bear illegible markings; (g)   filled cylinder without a sear bearing unique seal identifier issued by the Authority; or (h)   filled liquid petroleum gas cylinders belonging to another brand owner without written consent from the brand owner, shall be presumed to be liable for the above acts. PART XIV—MISCELLANEOUS

107.  (1) A person licensed to undertake liquefied petroleum gas Reporting of business shall within forty-eight hours notify the Authority in writing accidents. of any accident causing— (a)   loss of life or personal injury; (b)   damage to property or the environment; or (c)   an explosion, spill or fire. (2) The information to be submitted to the Authority shall include the following— (a)   name of the owner and operator of the premises or vehicle involved; (b)   date and time of the incident or accident; (c)   location and geographical spread of the incident or accident; (d)   number of injuries or fatalities if any; (e)   scale of environmental damage if any; (f)   own and third-party property damage if any; (g)   in the case of a jetty, storage facility or pipeline give the number of days the infrastructure will continue to be out of service; and Kenya Subsidiary Legislation, 2025 1313 (h)   description of the events leading to and the most probable cause of the incident or accident.

108.  (1) A licensee seeking to retire a facility shall notify the Retiring of a Authority not less than thirty days prior to such decommissioning in liquid petroleum gas installation. order to enable the Authority make necessary inspections and to issue the necessary approvals. (2) A liquid petroleum gas facility may be retired— (a)   after receipt of a written application for a retiring from a licensee; (b)   by an order of the Authority where such facility has been abandoned by its licensee for a period of not less than two years; or (c)   by an order of the Authority that the same be retired where the Authority is satisfied that the continued operation of such facility poses or may pose a danger to lives and property. (3) A licensee or the responsible person of a facility shall, within one year from the date of complete construction of the facility or grant of a license whichever comes first, submit to the Authority for approval a retiring plan substantiating the following— (a)   a bill of quantity of the planned retiring approved by a registered quantity surveyor; and (b)   the intended methods to be used during retiring. (4) The Authority shall, within forty-five days from the date of receipt of the plan provided for under sub- regulation (2), approve or decline the retiring plan. (5) The licensee or the responsible person as the case may be, shall within two years from the date of effective operation, pay a decommissioning fund to an escrow account the Authority and the same shall be kept in trust by the Authority for the purpose substantiated in sub-regulation (1). (6) The fund under sub-regulation (4) shall be prescribed by the Authority as per the bill of quantity. (7) Notwithstanding sub-regulation (5), if the retiring cost exceeds the fund in trust of the Authority, a licensee shall pay all the extra costs associated with the retiring of a facility, whether such retiring has been done following a request by the licensee or by order of the Authority. (8) The licensee or the responsible person as the case may be, shall be updating the retiring plan in form of techniques and methods prevailing at a particular time.

109.  (1) A licensee shall, after retiring a facility, restore the site to Site restoration. its original state so that it does not pose a threat to the environment or the safety and health of the public. (2) The Authority shall, after completion of the restoration of a site to its original state by a licensee, issue a certificate of compliance to a licensee confirming such restoration. 1314 Kenya Subsidiary Legislation, 2025 (3) For the purposes of sub regulation (1) the term “restore” means— (a)   to return the area in which a facility is located to its original and natural state as it was before the construction and installation of the facility; or (b)   to render the area in which the facility is located, or part thereof, compatible with its intended after-use, including— (i)   removing buildings, structures, plant and debris; (ii)   establishing of compatible contours and drainage; (iii)  replacing top soil, re-vegetation, slope stabilization; and (iv)  infilling of excavations.

110.  (1) A person licensed to undertake liquefied petroleum gas Investigation of business shall investigate any incident or accident occurring with accidents. respect to a licensed activity and shall within fourteen days or any such extended period as approved by the Authority from the date of the incident or accident submit a report containing the— (a)   cause of the incident or accident; (b)   effects of the incident or accident; and (c)   proposed remedial measures and timelines thereof. (2) The Authority shall review the report under sub-regulation (1) within thirty days, and— (a)   accept the report; or (b)   request for adjustments; or (c)   reject the report giving reasons. (3) Notwithstanding sub-regulations (1) and (2), the Authority may commission its own investigation. (4) Where required, the person affected by the incident or accident shall be required to facilitate the Authority or its appointed agent or committee to undertake the investigation. (5) No person shall obstruct, hinder or withhold such information as may be requested by the Authority's appointed agent or committee provided that such information was requested in the prescribed manner.

111.  (1) Where any default in or contravention of any of the General Offences provisions of these Regulations is made for which no fine or penalty is and Penalties. expressly stated, the person so defaulting or contravening, shall upon conviction, be liable to the general penalty set out under section 124 of the Act. (2) The Authority may in its discretion suspend the licence of a person where it determines that the person has contravened any part of these Regulations.

112.  (1) Any person who is dissatisfied with a decision of the Review and Authority under these Regulations may apply in writing to the authority Appeals. to review such decision. Kenya Subsidiary Legislation, 2025 1315 (2) A person, aggrieved by the decision of the Authority after an application for review as provided in sub regulation (1), may lodge an appeal to the Energy and Petroleum Tribunal within thirty days of the decision of the Authority.

113.  (1) All existing licensees shall be required to comply with Transitional these Regulations within the timelines listed below— clauses. (a)   in the case of brand owners— (i)   comply with the requirement for cylinder deposit within twelve months from the date of coming into force of these Regulations; and (ii)   comply with the requirement to attain the minimum number of liquid petroleum gas cylinders within two years from the date of coming into force of these Regulations; (b)   in the case of storage facilities, comply with the requirement to have a minimum number of cylinders within three years from the date of coming into force of these Regulations. (2) Where no exception has been made as set out in sub- regulation (1), the requirements of these Regulations shall be effective immediately from the date of coming into force of these Regulations.

114.  The Petroleum (Liquefied Petroleum Gas) Regulations, 2019 Revocation and are hereby revoked provided that such repeal shall not affect— savings of LN100/2019. (a)   the previous operation of the said Regulations or anything duly done or suffered therein; or (b)   any right, privilege, obligation or liability acquired, accrued or incurred under the said Regulations; or (c)   any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Regulations; or (d)   any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said Regulations had not been repealed. 1316 Kenya Subsidiary Legislation, 2025

FIRST SCHEDULE (r. 4(1), 6(2), 24(2)(a), 25(2)(a), 32(2), 51 (2), 57(3), 60(2), 63 (2) (a), 67(3)(b), 87 (2), 96 (2)) CONSTRUCTION PERMIT, LIQUID PETROLEUM GAS BUSINESS LICENCE AND APPLICATION FORMS FORM I: CONSTRUCTION PERMIT FORM Serial No. THE PETROLEUM ACT, PETROLEUM CONSTRUCTION PERMIT Permit No. EPRA/PET/ _______________ Construction Permit is hereby granted to ____________________________of P.O. Box _____________ to construct the following Liquefied Petroleum Gas Facility: TYPE OF LIQUID PETROLEUM GAS FACILITY On premises situated at: Plot No. ________________________________________ Building ____________________________ GPS ____________________________ Town: ____________________________ County ____________________________ Permit issue date ____________________________ Permit Expiry date ________________________________ (Specific Details) ____________________________ (SEAL) Signature: _________________________________ Issued under the authority of the Director General Energy and Petroleum Regulatory Authority Kenya Subsidiary Legislation, 2025 1317 FORM II: LIQUID PETROLEUM GAS IN BULK BUSINESS LICENCE FORM Serial No. THE PETROLEUM ACT, PETROLEUM BUSINESS LICENCE Licence No. EPRA/LIQUID PETROLEUM GAS/ _______________ Licence is hereby granted to ____________________________of P.O. Box _____________ to carry on the following petroleum businesses: TYPE OF LIQUID PETROLEUM GAS BUSINESS On premises situated at: Plot No. : ____________________________________ Building : ____________________________________ Road : ____________________________________ Town : ____________________________________ County : ___________________________________ Licence issue date : ____________________________________ Licence Expiry date : ____________________________________ (SEAL) Signature : _________________________________ Issued under the authority of the Director General Energy and Petroleum Regulatory Authority 1318 Kenya Subsidiary Legislation, 2025 FORM III: TRANSPORT LIQUID PETROLEUM GAS LICENCE FORM Serial No.: THE PETROLEUM ACT, LIQUEFIED PETROLEUM GAS BUSINESS LICENCE Licence No. EPRA/LIQUID PETROLEUM GAS/ _______________ Licence is hereby granted to ____________________________of P.O. Box _____________ to carry on the following petroleum businesses: TYPE OF LIQUID PETROLEUM GAS BUSINESS VIA (LIST OF MOTOR VEHICLES) On premises situated at: Plot No. : ___________________________ Building : ___________________________ Road : ___________________________ Town : ___________________________ County : ___________________________ Licence issue date : _____________________________ Licence Expiry date : _____________________________ (SEAL) Signature: _________________________________ Issued under the authority of the Director General Energy and Petroleum Regulatory Authority Kenya Subsidiary Legislation, 2025 1319 FORM IV: LIQUID PETROLEUM GAS CYLINDER BUSINESS LICENCE FORM Serial No.: THE PETROLEUM ACT, LIQUEFIED PETROLEUM GAS BUSINESS LICENCE Licence No. EPRA/LIQUID PETROLEUM GAS/ _______________ Licence is hereby granted to ____________________________of P.O. Box _____________ to carry on the following petroleum businesses: TYPE OF LIQUID PETROLEUM GAS BUSINESS (LIST OF CYLINDER BRANDS) On premises situated at: Plot No. : _________________________________ Building : _________________________________ Road : _________________________________ Town : _______________________________________________ County : _________________________________ Licence issue date : ______________________________________ Licence Expiry date : _________________________________________ (SEAL) Signature: _________________________________ Issued under the authority of the Director General Energy and Petroleum Regulatory Authority 1320 Kenya Subsidiary Legislation, 2025 FORM V: APPLICATION FORM FOR A BRAND CARETAKER LICENCE 1.   Licence name 2.   Application type New Renewal 3.   Brand applied to manage and refill 4.   Number of current cylinders 5.   Plant Name and Location 6.   Area of market operations and presence 7.   Distributor list FORM VI APPLICATION FORM FOR A NEW, AMENDMENT AND RENEWAL OF A LIQUID PETROLEUM GAS BUSINESS LICENCE 1.   Application Type: a.   New Application b.   Renewal Application c.   Amendment Application i.   Amendment Details: __________________ 2.   Bio Data: (a)   Business Name (b)   KRA PIN (c)   Postal address: (d)   Email Address : (e)   Telephone: (f)   Physical Address: (g)   Registration Date: (h)   Business Type (i)   Business Registration No.: (j)   Contact Person a.   Name b.   Designation c.   Mobile Number (k)   Country: Kenya Subsidiary Legislation, 2025 1321 (l)   County: 3.   Details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality No of shares Passport/ ID No.s _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ 4.   Proposed location of the business premises: (i)   Plot No : _______________________________ (ii)   Building Name: ____________________________ (iii)   Street/Market: ____________________________ (iv)   Town/District: ____________________________ GPS coordinates: Longitude: ____________________________ Latitude: ________________________ FORM VII APPLICATION FORM FOR A NEW, AMENDMENT AND RENEWAL OF A LIQUID PETROLEUM GAS BUSINESS LICENCE 1.   Application Type: (a)   New Application (b)   Renewal Application (c)   Amendment Application i.   Amendment Details: __________________ 2.   Bio Data: (a)   Business Name (b)   KRA PIN (c)   Postal address: (d)   Email Address : (e)   Telephone: (f)   Physical Address: (g)   Registration Date: (h)   Business Type (i)   Business Registration No.: 1322 Kenya Subsidiary Legislation, 2025 (j)   Contact Person a.   Name b.   Designation c.   Mobile Number (k)   Country: (l)   County: 3.   Details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality No of shares Passport/ ID No.s _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ Proposed location of the business premises: I.   Plot No: _______________________________ II.   Building Name: _________________________ III.   Street/Market: __________________________ IV.   Town/District: __________________________ GPS coordinates: Longitude: ____________________________ Latitude: ________________________ 4.   Full description of the LIQUID PETROLEUM GAS Motor Vehicle: (a)   Vehicle Type:__________ (b)   Track Number:__________ (c)   Truck Chasis No. :__________ (d)   Truck Maximum Capacity:__________ (e)   Tanker Permit No.: _______________ (f)   Petroleum Road Tanker Driver Certificate:__________ FORM VIII APPLICATION FORM FOR A NEW, AMENDMENT AND RENEWAL OF A LIQUID PETROLEUM GAS BUSINESS LICENCE 1.   Application Type: (a)   New Application (b)   Renewal Application (c)   Amendment Application Kenya Subsidiary Legislation, 2025 1323 i.   Amendment Details: __________________ 2.   Bio Data: (a)   Business Name (b)   KRA PIN (c)   Postal address: (d)   Email Address : (e)   Telephone: (f)   Physical Address: (g)   Registration Date: (h)   Business Type (i)   Business Registration No.: (j)   Contact Person a.   Name b.   Designation c.   Mobile Number (k)   Country: (l)   County: 3.   Details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality No of shares Passport/ ID No.s _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ 4.   Proposed location of the business premises: I.   Plot No: _______________________________ II.   Building Name: _________________________ III.   Street/Market: __________________________ IV.   Town/District: __________________________ GPS coordinates: Longitude: ____________________________ Latitude: ________________________ 5.   CYLINDER BRAND TYPE: a)   BRAND OWNER: ___________ BRAND NAME:__________ b)   BRAND OWNER: ___________ BRAND NAME:__________ c)   XXXX 1324 Kenya Subsidiary Legislation, 2025 FORM IX APPLICATION FORM FOR A NEW, AMENDMENT AND RENEWAL OF A LIQUID PETROLEUM GAS FACILTY BUSINESS LICENCE 1.   Application Type: (a)   New Application (b)   Renewal Application (c)   Amendment Application i.   Amendment Details: __________________ 2.   Bio Data: (a)   Business Name (b)   KRA PIN (c)   Postal address: (d)   Email Address : (e)   Telephone: (f)   Physical Address: (g)   Registration Date: (h)   Business Type (i)   Business Registration No.: (j)   Contact Person a.   Name b.   Designation c.   Mobile Number (k)   Country: (l)   County: 3.   Details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality No of shares Passport/ ID No.s _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ 4.   Proposed location of the business premises: I.   Plot No: _______________________________ II.   Building Name: _________________________ III.   Street/Market: __________________________ Kenya Subsidiary Legislation, 2025 1325 IV.   Town/District: __________________________ GPS coordinates: Longitude: ____________________________ Latitude: ________________________ 5.   Full description of the Facility: d)   Tank :____ Capacity______ e)   Pipeline Diameter:_________ f)   Design Flowrate:_________ g)   Pipeline Length:____________ h)   (Specific Detail):___________ FORM X APPLICATION FORM FOR LICENSING OF LIQUID PETROLEUM GAS BRAND OWNERS 1.   Application Type: (a)   New Application (b)   Renewal Application (c)   Amendment Application i.   Amendment Details: __________________ 2.   Bio Data: (a)   Business Name (b)   KRA PIN (c)   Postal address: (d)   Email Address : (e)   Telephone: (f)   Physical Address: (g)   Registration Date: (h)   Business Type (i)   Business Registration No.: 3.   Contact Person (a)   Name (b)   Designation (c)   Mobile Number 4.   Country: 5.   County: 1326 Kenya Subsidiary Legislation, 2025 6.   Details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality No of shares Passport/ ID No.s _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ _________________ _______________ __________________ ________________ 7.   Proposed location of the business premises: V.   Plot No: _______________________________ VI.   Building Name: _________________________ VII.   Street/Market: __________________________ VIII.   Town/District: __________________________ GPS coordinates: Longitude: ____________________________ Latitude: ________________________ 8.   CYLINDER BRANDS: a)   BRAND NAME:__________ b)   BRAND NAME:__________ c)   XXXX

SECOND SCHEDULE (r. 4(2),6(2),9(3),24(2)(b),25(2)(c),57(3), (4),60 (2), 63 (2) (c), 67(2) (d), 87 (2), 96 (2)). APPLICABLE LICENCE FEES TYPE OF LICENCE NEW APPLICATION RENEWAL APPLICATION Import of Bulk liquid Kshs.20,000 Kshs.10,000 petroleum gas Export of Bulk liquid Kshs.8,000 Kshs. 5,000 petroleum gas Wholesale of Bulk liquid Kshs.8,000 Kshs.5,000 petroleum gas Transport of Bulk liquid Kshs.10,000 Kshs.5,000 petroleum gas Storage of Bulk liquid Kshs.20,000 Kshs.10,000 petroleum gas Filling of liquid petroleum Kshs.20,000 Kshs.10,000 gas into cylinders Export of liquid petroleum Kshs.10,000 Kshs.5,000 gas in cylinders Wholesale of liquid Kshs.8,000 Kshs.5,000 Kenya Subsidiary Legislation, 2025 1327 TYPE OF LICENCE NEW APPLICATION RENEWAL APPLICATION petroleum gas in cylinders Retail of liquid petroleum Khs.5,000 Kshs.2,000 gas in cylinders Autogas Retail/Filling Khs.5,000 Kshs.2,000 Station Gas Reticulation System Khs.5,000 Kshs.2,000 Construction permit for Khs.5,000 Kshs.2,000 Bulk Storage Facility/ Gas Reticulation System Construction permit for Khs.10,000 Kshs.4,000 Autogas Retail/Filling Station

THIRD SCHEDULE (r. 51(2), 52(1), 87(1)) REQUIREMENTS FOR APLICATION OF A CONSTRUCTION PERMIT I.   Requirements for a Construction Permit for an Autogas Retail/Filling Station 1. Completed online application; 2. Scan of original certificate of incorporation/business registration certificate; 3. Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4. Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5. Scan of original valid Work permit Class “G” for foreign directors working in Kenya; 6. Scan of valid Environmental and Social Impact Assessment license from the National Environment Management Authority specifically authorizing development of Autogas dispensing Station 7. Proof of land ownership (copy of title deed in the name of company/director(s)). In the case of land lease, a copy of the duly executed lease agreement in the name of the applicant and duly registered at the Lands Registry; 8. Development permission from the respective County Government (including County Physical Planning Office); 9. Approval to construct acceleration/deceleration lanes from the relevant roads’ authority (Kenya National Highways Authority, Kenya Urban Roads Authority; Kenya Rural Roads Authority as applicable; 10. Mechanical engineering drawings approved by a Professional Engineer: (a) Specifying materials and design/ operational limitations (the detailed underground tanks designs, 1328 Kenya Subsidiary Legislation, 2025 (b) The detailed corrosion protection designs/methods/basis, Proof of breakaway couplings on the dispensers, site layout design, (c) Piping & Instrumentation Diagram for the bulk liquid petroleum gas offloading and vehicle refuelling process, Fire water designs (for truck offloading area) pressure relief valves (location in the facility), water draw off fittings – proof of double isolation/presence of dead’s man’s valve); 11. Civil and Structural engineering drawings of all civil works approved by a Professional Civil Engineer including (the underground tank farm detailed designs (backfilling materials, structural designs and access manholes), Site drainage system, hard standing surfaces (canopies and other buildings), internal service roads, etc.); 12. A technical design basis report detailing the materials used, corrosion monitoring, procedures and implementation plan of the project; 13. Design of the Fire suppression systems (firefighting water storage tanks and associated fittings, firewalls etc.) which should be accompanied by calculations showing adequacy of the same. II.   Requirements for a Construction Permit for an Autogas Consumer Site 1. Completed online application; 2. Scan of original certificate of incorporation/business registration certificate; 3. Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4. Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5. Scan of original valid Work permit Class “G” for foreign directors working in Kenya; 6. Scan of valid Environmental and Social Impact Assessment license from the National Environment Management Authority specifically authorizing development of Autogas dispensing Station 7. Proof of land ownership (copy of title deed in the name of company/director(s)). In the case of land lease, copy of duly executed lease agreement in the name of the applicant duly registered at the Lands Registry; 8. Development permission from the respective County Government (including County Physical Planning Office); 9. Mechanical engineering drawings approved by a Professional Engineer: (a) Specifying materials and design/ operational limitations (the detailed underground tanks designs, (b) The detailed corrosion protection designs/methods/basis, Proof of breakaway couplings on the dispensers, site layout design, (c) Piping & Instrumentation Diagram for the entire loading process, Fire water designs (for truck offloading area) pressure relief valves (location in the facility), water draw off fittings – proof of double isolation/presence of dead man’s valve); Kenya Subsidiary Legislation, 2025 1329 10. Civil and Structural engineering drawings of all civil works approved by a Professional Civil Engineer including (The underground tank farm detailed designs (backfilling materials, structural designs and access manholes), Site drainage system, hard standing surfaces (Canopies and other buildings), internal service roads, etc.); 11. A technical design basis report detailing the materials used, corrosion monitoring, procedures and implementation plan of the project; 12. Design of a Fire suppression systems (firefighting water storage tanks and associated fittings, firewalls etc.) which should be accompanied by calculations showing adequacy of the same. III.   Requirements for a Construction Permit for a liquid petroleum gas storage facility 1. Completed online application; 2. Scan of original certificate of incorporation/business registration certificate; 3. Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4. Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5. Scan of original valid Work permit Class “G” for foreign directors working in Kenya. 6. Scan of valid Environmental and Social Impact Assessment license from the National Environment Management Authority specifically authorizing development of a storage depot; 7. Proof of land ownership (copy of title deed in the name of company/director(s)). In the case of land lease, copy of duly executed lease agreement in the name of the applicant duly registered at the Lands Registry; 8. Development permission from the respective County Government (including County Physical Planning Office); 9. Detailed layout plan that complies with the Kenya Standard and approved by the relevant County Government; 10. Detailed mechanical engineering design drawings approved by a Professional Engineer and specifying materials and design/ operational limitations (Piping & Instrumentation Diagram, tank(s) construction, filling facility, pressure relief valves, water draw off fittings, etc., certified by a professional engineer in the mechanical field; 11. Detailed design drawings of all civil works and approved by a Professional Civil Engineer detailing the facility's tank saddles, drainage, hard standing surfaces, gas traps, internal service roads, structures, etc., certified by a professional engineer in the civil or structural field; and 12. Detailed design of the fire-fighting system (firefighting water storage tanks and associated fittings, firewalls etc.) certified by a professional engineer in the mechanical field and a fire safety auditor which shall contain detailed calculations to prove the adequacy of the designs to prevent Boiling Liquid Expanding Vapor Explosion. 1330 Kenya Subsidiary Legislation, 2025 13. Proof of economic viability of the plant by submitting either: (a)   Proof of ownership of at least seventy thousand cylinders of either zero point five, one, three, six or thirteen kilograms capacity or Written contract to fill liquid petroleum gas in cylinders on behalf of a licensed brand owner with an assurance of allocated filling capacity of at least seventy thousand cylinders per annum for liquid petroleum gas storage filling facilities; or (b)   Proposed logistics facility with a storage capacity of above 500mt for liquid petroleum gas depot. IV.   Requirements for a construction permit of a Liquid Petroleum Gas Reticulation System 1. Completed online application; 2. Scan of original certificate of incorporation/business registration certificate; 3. Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4. Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5. Scan of original valid Work permit Class “G” for foreign directors working in Kenya. 6. Scan of valid Environmental and Social Impact Assessment license from the National Environment Management Authority specifically authorizing development of Autogas dispensing Station 7. Proof of land ownership (copy of title deed in the name of company/director(s)). In the case of long-term land lease, copy of duly executed lease agreement in the name of the Applicant company 8. Development permission from the respective County Government (including County Physical Planning Office); 9. Architectural Drawings indicating the specific locations where liquid petroleum gas is to be piped. The drawings should indicate the available gas ducts in buildings. 10. Electrical engineer’s drawings indicating layout of electrical cables and other electrical installations in relation to the gas ducts specified in the Architectural drawings. 11. Mechanical engineering drawings approved by a Professional Engineer: (a) Specifying the materials to be used in the entire installation and the design limits. (b) Indicating the Piping and Instrumentation Diagram and in the case of vaporizer(s) the location, type, construction materials and capacity. (c) Indicating the Pressure Regulation System and the salient safety features to prevent accidents. (d) Indicating the location and specification of the metering system to be used. Kenya Subsidiary Legislation, 2025 1331 (e) Indicating the details of the corrosion protection mechanism to be used for the distribution pipes. (f) Indicating the Standards and Codes used in the design. 12. Detailed design drawings of all civil works and approved by a Professional Civil Engineer detailing the facility’s drainage, tank saddle, fence, hard standing surfaces and any structures associated with the installation certified by a professional engineer in the civil or structural field; 13. Design of the Fire suppression system indicating the capacity of the firefighting water storage tanks and associated fittings, gas detectors, fire arrestors for each unit to be supplied by the reticulated system, fire extinguishers and firewall (where applicable) certified by a professional engineer in the mechanical field and a fire safety auditor which shall contain detailed calculations to prove the adequacy of the design to prevent Boiling Liquid Expanding Vapor Explosion. V.   Requirements for a Construction Permit for a Consumer Site 1. Completed online application; 2. Scan of original certificate of incorporation/business registration certificate; 3. Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4. Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5. Scan of original valid Work permit Class “G” for foreign directors working in Kenya. 6. Scan of valid Environmental Impact Assessment license from the National Environment Management Authority specifically authorizing development of Autogas dispensing Station 7. Proof of land ownership (copy of title deed in the name of company/director(s)). In the case of long-term land lease, copy of duly executed lease agreement in the name of the Applicant company 8. Development permission from the respective County Government (including County Physical Planning Office); 9. Detailed mechanical engineering design drawings and approved by a Professional Engineer and specifying materials and design/ operational limitations tank(s) construction, filling facility, pressure relief valves, water draw off fittings, etc., certified by a professional engineer in the mechanical field; 10. Detailed design drawings of all civil works and approved by a Professional Civil Engineer detailing the facility's tank saddles, drainage, hard standing surfaces, gas traps, internal service roads, structures, etc., certified by a professional engineer in the civil or structural field; and 11. Detailed design of the fire-fighting system (firefighting water storage tanks and associated fittings, firewalls etc) certified by a professional engineer in the mechanical field and a fire safety auditor which shall contain detailed 1332 Kenya Subsidiary Legislation, 2025 calculations to prove the adequacy of the designs to prevent Boiling Liquid Expanding Vapor Explosion. VI.   Requirements for a consumer site at Public Use Establishments Construction permit 1.   Completed online application; 2.   Scan of original constituting instrument e.g. Certificate of Registration, for the public institution, Charters, amongst others; 3.   Scan of original CR 12 or CR13 issued by Registrar of Companies or an equivalent document that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors or partners or board of directors; 5.   Scan of valid Environmental Impact Assesssment license from the National Environment Management Authority specifically authorizing development of liquid petroleum gas consumer site; 6.   Scan of land ownership (copy of title deed in the name of company/director(s)). In the case of long-term land lease, a copy of duly executed lease agreement in the name of the public institution; 7.   Detailed mechanical engineering design drawings and approved by a Professional Engineer and specifying materials and design/ operational limitations tank(s) construction, pressure regulating devices, water draw off fittings, amongst others, certified by a professional engineer in the mechanical field; 8.   Detailed design drawings of all civil works and approved by a Professional Civil Engineer detailing the facility's tank saddles, drainage, hard standing surfaces, gas traps, structures, amongst others, certified by a professional engineer in the civil or structural field; and 9.   Detailed analysis of the firefighting requirements, which shall include firefighting equipment, firewalls amongst others certified by a professional engineer in the mechanical field and a fire safety auditor.

FOURTH SCHEDULE (r. 4(2),9(3),24(2) (b), 25(2) (b), 32 (2), 57(3)(4), 60(2), 63 (2)(b), 67(2)(d), 87 (2)) DOCUMENTS REQUIRED IN AN APPLICATION OF A NEW LICENCE I.   Requirements for Licence for Import, Export and Wholesale of Bulk Liquid Petroleum Gas 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; Kenya Subsidiary Legislation, 2025 1333 5.   5Scan of original valid Single Business Permit from the County Government. 6.   Scan of original PIN Certificate. 7.   Scan of original valid tax compliance certificate; 8.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya or a declaration for non-resident director(s) 9.   Proof of access to a licensed storage facility through either: i.   ownership of a licensed bulk liquid petroleum gas storage facility or a long- term lease (minimum five years); or ii.   valid hospitality agreement with a licensed bulk liquid petroleum gas storage facility. 10.   Proof of presence in the market by either: i.   throughput of at least two thousand metric tons per annum; or ii.   ownership of a cylinder brand. II.   Requirements for Licence for Wholesale and Export of Bulk Liquid Petroleum Gas 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   can of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government. 6.   Scan of original PIN Certificate. 7.   Scan of original valid tax compliance certificate; 8.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s). 9.   Proof of access to supply of liquid petroleum gas by either: i.   being a holder of a valid bulk liquid petroleum gas Import licence; or ii.   supply agreement or letter of intent from a holder of a valid bulk liquid petroleum gas Import licence provided that where a letter of intent is used, the substantive supply agreement is to be furnished within three months of obtaining the licence. III.   Requirements for Licence for Storage and Wholesale of liquid petroleum gas in Cylinders 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 1334 Kenya Subsidiary Legislation, 2025 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government. 6.   Scan of original PIN Certificate. 7.   Scan of original valid tax compliance certificate; 8.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s). 9.   Scan of original copy of a valid Weighing Scale Calibration Certificate from the Department of Weights and Measures; 10.   Proof of authority to trade in the cylinder brand by providing: a.   scanned copy of original Trade Mark registration certificate; or b.   a valid copy of a written consent from the brand owner. 11.   Requirement for safe premises: a.   proof of ownership or lease of a yard or warehouse; and b.   valid Fire certificate for the above premises. 12.   Copy of the applicant’s Customer Complaint Handling Procedures. 13.   Scan of original copy of a valid copy of Certificate of Registration of Work Place; IV.   Requirements for Licence for Storage and Retail of Liquid Petroleum gas in Cylinders 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government. 6.   Scan of original PIN Certificate. 7.   Scan of original valid tax compliance certificate; 8.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s) 9.   A scan of original copy of a valid Weighing scale Calibration Certificate from the Weights and Measures Department; 10.   Requirement for safe premises— Kenya Subsidiary Legislation, 2025 1335 (a)   cylinder storage cage placed outside a building; and (b)   valid fire certificate for the above premises. 11.   Copy of the applicant’s Customer Complaint Handling Procedures. V.   Requirements for Licensing of Liquid Petroleum Gas brand owners 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government. 6.   Scan of original valid tax compliance certificate; 7.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s). 8.   Scan of copy of original Trade Mark registration certificate; 9.   Scan of original copy of a certificate of Conformity of the Cylinders to the Kenya Standard; 10.   Proof of ownership of Standard Capacity Cylinders by providing either— (a)   either of capacities of: zero point five, one, three, six and thirteen kilograms cylinders fitted with unified valves and totalling to a minimum thirty thousand; or (b)   non- standard capacity cylinders totalling to a minimum of five thousand cylinders. 11.   Inventory for each cylinder listed by— (a)   serial number; (b)   capacity; and (c)   landed or ex-factory cost inclusive of all taxes. 12.   Valid insurance policy against injuries to Consumers and third parties related to defective Cylinder; and 13.   Copy of the applicant’s Customer Complaint Handling Procedures. VI.   Requirements for Licence for Transport of Bulk liquid petroleum gas 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 1336 Kenya Subsidiary Legislation, 2025 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government.; 6.   Scan of original PIN Certificate; 7.   Scan of original valid tax compliance certificate; 8.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 9.   Scan of original copy of a valid certificate of calibration for the Bulk tank mounted on each bulk transport vehicle; 10.   A comprehensive emergency preparedness and response plan; 11.   Scan of original copy of Certificate of Conformity to the Kenya Standard for each bulk transport vehicle; 12.   Scan of original valid Fire certificate from the County Government for each bulk transport vehicle; 13.   Scan of original copy of a valid Report on Examination for the tank mounted on each bulk transport vehicle; 14.   Scan of original copy of a valid Motor Vehicle Inspection certificate for each bulk transport vehicle; 15.   Proof of fitting the vehicle with a working Global Positioning System enabled tracking system; 16.   Scan of original copy of logbook for each bulk transport vehicle. The logbook shall be in the name of the applicant and in absence of such, the applicant shall provide a valid lease agreement with the bulk transport vehicle owner; 17.   List of drivers to be engaged plus the Driver Certificate number for each driver as issued by the Authority; 18.   List of bulk transport vehicles to be used plus the Tanker Permit for each vehicle as issued by the Authority; and 19.   List of bulk transport vehicles with respective Chasis, and capacity in Metric tones. VII.   Requirements for licence for Transport of liquid petroleum gas in Cylinders 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government; 6.   Scan of original PIN Certificate; Kenya Subsidiary Legislation, 2025 1337 7.   Scan of original valid tax compliance certificate; 8.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 9.   A comprehensive emergency preparedness and response plan; 10.   Scanned original copy of Certificate of Conformity with the Kenya Standard for each vehicle; 11.   Scan of original copy of a Fire certificate from the County Government for each vehicle; 12.   Scan of original copy of logbook for the cylinder transport vehicle in the name of the applicant or a valid lease with the owner of the vehicle; and 13.   Scan of original copy of a valid Motor Vehicle Inspection certificate for the transport vehicle. VIII.   Requirements for Licence for Storage of Bulk Liquid Petroleum gas 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government; 6.   Scan of original PIN Certificate; 7.   Scan of original valid tax compliance certificate; 8.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 9.   Proof of control of a Bulk Liquid Petroleum Gas storage facility by submitting either— (a)   Ownership documents; or (b)   Long term lease (minimum five years); and (c)   Scan of original copy of an Environmental and Social Impact Assessment Licence from (THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY;) 10.   Scan of original copy of Certificate of Compliance with the Physical Planning Act; 11.   Scan of original copy of Certificate of Conformity with the Kenya Standard; 12.   Scan of original copy of a valid Fire Certificate from the County Government; 13.   Scan of original copy of a valid Report of Examination for the all bulk storage tank(s) by approved person under Occupational Safety and Health Act; 14.   Scan of original copy of a valid Calibration Certificate each bulk storage tank; 1338 Kenya Subsidiary Legislation, 2025 15.   Proof of access to a calibrated weighbridge by submitting either— (a)   ownership of a calibrated weighbridge; or (b)   long term agreement on use of a calibrated weighbridge use (minimum five years). 16.   Scan of original copy of a valid copy of Certificate of Registration of Work Place; 17.   Proof of training of a minimum of four employees in safe handling of liquid petroleum gas in an institution approved by the National Industrial Training Authority; 18.   Proof of compliance with declaration of bulk liquid petroleum gas storage vessels as required by the Authority; and 19.   Signed copy of the Emergency Response Plan for the Facility. IX.   Requirements for Licence for Storage and Filling of Liquid Petroleum gas in Cylinders 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government; 6.   Scan of original PIN Certificate 7.   Scan of original valid tax compliance certificate; 8.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 9.   Proof of control of a storage facility by submitting either: a.   Ownership documents of a bulk storage facility; or b.   Long term lease (minimum five years). 10.   Scan of original copy of a valid Environmental and Social Impact Assessment Licence from the National Environment Management Authority; 11.   Scan of original copy of a valid Certificate of Compliance with the Physical Planning Act; 12.   Scan of original copy of a valid Certificate of Conformity to the Kenya Standard; 13.   Scan of original copy of a valid Fire Certificate from the County Government; 14.   Scan of original copy of a valid Report on Examination for each Bulk liquid petroleum gas storage tank from an Inspector approved by the Director or Occupational Safety and Health; Kenya Subsidiary Legislation, 2025 1339 15.   Scan of original copy of a valid Calibration Certificate of each bulk liquid petroleum gas storage tank; 16.   Scan of original copy of a valid Certificate of Registration of Work Place; 17.   Proof of training of a minimum of four employees in the safe handling of liquid petroleum gas in the National Industrial Training Authority approved institution; 18.   Proof of economic viability of the plant by submitting either: a.   Proof of ownership of at least seventy thousand cylinders of either zero point five, one, three, six or thirteen kilograms capacity; or b.   Written contract to fill liquid petroleum gas in cylinders on behalf of a licensed brand owner with an assurance of allocated filling capacity of at least seventy thousand liquid petroleum gas cylinders per annum. 19.   Scan of original copy of Weighing scale Calibration Certificate from the Department of Weights and Measures; 20.   Proof of access to a calibrated weighbridge by submitting either: a.   Ownership of a calibrated weighbridge; OR b.   Long term agreement on a calibrated weighbridge use (minimum five years) 21.   Signed copy of the Emergency Response Plan for the Facility. 22.   Copy of Customer Complaint Handling Procedures; 23.   Proof of compliance with declaration of Bulk liquid petroleum gas Storage Vessels as required by the Authority; and 24.   Proof of installation of Atmospheres Explosibles non-obscured Closed-Circuit Television cameras at the filling area with access given to the Authority via a web-based portal. X.   Licensing Requirements to operate a reticulated Liquid Petroleum Gas System 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government. 6.   Scan of original PIN Certificate. 7.   Scan of original valid tax compliance certificate; 8.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s). 1340 Kenya Subsidiary Legislation, 2025 9.   Proof of access to legal supply of Bulk Liquid Petroleum Gas by submitting either: a.   A copy of a valid licence for Wholesale of Bulk Liquid Petroleum Gas; or b.   Supply agreement with a holder of a valid licence for Wholesale of bulk Liquid petroleum gas. 10.   Scan of original copy of an Environmental and Social Impact Assessment Licence; 11.   Scan of original copy of a Certificate of Conformity to the Kenya Standard; 12.   Scan of original copy of a Certificate of compliance with the building code. 13.   Scan of original copy of a Fire Certificate from the County Government; 14.   Scan of original copy of a valid Report on Examination for each Bulk liquid petroleum gas storage tank from an Inspector approved by the Director or Occupational Safety and Health. 15.   Scan of original copy of a valid Calibration Certificate from the Weights and Measures Department of each bulk storage tank. 16.   Scan of original copy of a valid Calibration Certificate for the metering equipment to be connected to Consumers. 17.   Signed copy of the Emergency Response Plan for the Facility. 18.   Scan of copy of an liquid petroleum gas customer charter where applicable; 19.   Scan of copy of an liquid petroleum gas Customer Service Contract; 20.   Proof of compliance with declaration of Bulk Storage Vessels as required by the Authority; and 21.   Copy of the applicant’s Customer Complaint Handling Procedures. XI.   Licensing Requirements for liquid petroleum gas installer 1.   Scan of original identification documents (National identity cards or Passports); 2.   Scan of a copy of Academic Qualifications 3.   Scan of a copy of Registration Certificate (s) with the relevant body (ies) 4.   Scan of a copy of certificate from The National Industrial Training Authority accredited training facility with regard to installer’s course; 5.   Scan of a copy of certificate of safety training from a the National Industrial Training Authority accredited facility; and 6.   Scan of a copy of Certificate of good conduct from the National Police Service XII.   Licensing Requirements for brand care taker 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; Kenya Subsidiary Legislation, 2025 1341 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government. 6.   Scan of original valid tax compliance certificate; 7.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s). 8.   Valid insurance policy against injuries to Consumers and third parties related to defective Cylinder; 9.   Copy of the applicant’s Customer Complaint Handling Procedures; 10.   Ownership of at least one licensed Liquid Petroleum Gas storage and refilling plant; and 11.   Proof of market presence in the area where the distressed brand-owner has predominant number of customers by providing evidence of a licenced retail or wholesale of Liquid petroleum gas in cylinders premise; 1342 Kenya Subsidiary Legislation, 2025

FIFTH SCHEDULE (r. 6 (2)) DOCUMENTS REQUIRED IN AN APPLICATION FOR RENEWAL OF A LICENCE I.   Requirements for renewal of licence for Import, Export and Wholesale of bulk liquid petroleum gas 1.   Completed online application; 2.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 3.   Scan of original copies of identification documents (National identity cards or Passports) for the company’s directors. 4.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 5.   Scan of original copy of a valid Single Business Permit from County Government; 6.   Scan of original copy of a valid tax compliance certificate; 7.   Proof of access to a licensed storage facility by submitting either: a.   ownership documents of a licensed bulk liquid petroleum gas storage facility or long-term lease (minimum five years); or b.   valid hospitality agreement with a licensed bulk liquid petroleum gas Storage facility. 8.   Proof of presence in the market by either: a.   throughput of at least two thousand metric tons per annum; or b.   ownership of a licensed liquid petroleum gas cylinder brand; and 9.   Proof of compliance with timely and accurate submission of liquid petroleum gas statistics as required by the Authority. II.   Requirements for renewal of licence for Wholesale and Export of bulk liquid petroleum gas. 1.   Completed online application; 2.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 3.   Scan of original copies of identification documents (National identity cards or Passports) for the company’s directors; 4.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 5.   Scan of original copy of a valid Single Business Permit from the County Government; Kenya Subsidiary Legislation, 2025 1343 6.   Scan of original copy of a valid tax compliance certificate; 7.   Proof of access to supply of bulk liquid petroleum gas by either of the following: a.   Being a holder of a valid bulk liquid petroleum gas Import licence; or b.   Supply agreement with a holder of a valid bulk liquid petroleum gas Import licence. III.   Requirements for renewal of licence for Storage and Wholesale of liquid petroleum gas in cylinders Completed online application; 1.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 2.   Scan of original copies of identification documents (National identity cards or Passports) for the company’s directors. 3.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 4.   Scan of original copy of a valid Single Business Permit from the County Government; 5.   Scan of original copy of a valid tax compliance certificate; 6.   Scan of original copy of a valid weighing scale calibration certificate from the Weights and Measures Department; 7.   Proof of authority to trade in the Cylinder brand by providing: a.   Scanned copy of original Trade Mark registration certificate; and b.   A valid copy of a written consent from the brand owner. 8.   9. Requirement for safe premises: a.   Proof of ownership or lease of a yard or warehouse b.   Valid Fire certificate for the above premises 9.   Proof of compliance with timely and accurate submission of liquid petroleum gas statistics as required by the Authority. 10.   Scan of original copy of a valid copy of Certificate of Registration of Work Place; IV.   Requirements for renewal of licence for Storage and retail of liquid petroleum gas in cylinders 1.   Completed online application; 2.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 3.   Scan of original copies of identification documents (National identity cards or Passports) for the company’s directors; 1344 Kenya Subsidiary Legislation, 2025 4.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 5.   Scan of original copy of a valid Single Business Permit from the County Government; 6.   Scan of original copy of a valid tax compliance certificate; 7.   Scan of original copy of a valid weighing scale Calibration Certificate from the Weights and Measures Department; 8.   Requirement for safe premises: a.   Proof of ownership of an approved liquid petroleum gas cylinder storage cage. b.   Valid fire certificate for the premises’ and 9.   Proof of compliance with timely and accurate submission of liquid petroleum gas statistics as required by the Authority. V.   Requirements for Licensing of liquid petroleum gas brand owners (Renewal) 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government. 6.   Scan of original valid tax compliance certificate; 7.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 8.   Proof of submission of statistics on newly acquired standard capacity cylinders which shall at minimum include: a.   serial number; b.   capacity; and c.   landed or ex-factory cost inclusive of all taxes 9.   Scan of Audited financial statements of the Cylinder Deposit fund for the previous calendar year. VI.   Requirements for renewal of licence for Transport of Bulk liquid petroleum gas 1.   Completed online application; 2.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 3.   Scan of original copies of identification documents (National identity cards or Passports) for the company’s directors; Kenya Subsidiary Legislation, 2025 1345 4.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 5.   Scan of original copy of a valid Single Business Permit from the County Government; 6.   Scan of original copy of a valid tax compliance certificate; 7.   Scan of copy of a valid certificate of calibration for the liquid petroleum gas tank mounted on each bulk liquid petroleum gas road transport vehicle; 8.   A comprehensive emergency preparedness and response plan; 9.   Scan of original copy of a certificate of conformity to the Kenya Standard for each bulk liquid petroleum gas road transport vehicle; 10.   Scan of original copy of a fire certificate from the County Government; 11.   Proof of fitting the vehicle with a working Global Positioning System enabled tracking system 12.   Scan of original copy of a valid Report on Examination for the liquid petroleum gas tank mounted on each bulk liquid petroleum gas road transport vehicle; 13.   Scan of original copy of a valid Motor Vehicle Inspection certificate for each bulk liquid petroleum gas road transport vehicle; 14.   Scan of original copy of logbook for each bulk liquid petroleum gas road transport vehicle. The logbook shall be in the name of the applicant and in absence of such, the applicant shall provide valid lease agreements with the truck owner. 15.   List of drivers to be engaged plus the Driver Certificate number and date of expiry for each driver as issued by the Authority; 16.   List of bulk liquid petroleum gas transport vehicles to be used paired appropriately in case of semi-trailers; and 17.   Proof of compliance with timely and accurate submission of liquid petroleum gas statistics as required by the Authority. VII.   Requirements for renewal of licence for transport of liquid petroleum gas in cylinders 1.   Completed online application; 2.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 3.   Scan of original copies of identification documents (National identity cards or Passports) for the company’s directors; 4.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 5.   Scan of original copy of a valid Single Business Permit from the County Government; 6.   Scan of original copy of valid tax compliance certificate; 1346 Kenya Subsidiary Legislation, 2025 7.   A comprehensive emergency preparedness and response plan; 8.   Scan of original copy of Certificate of Conformity to the Kenya Standard for the transport vehicle; 9.   Scan of original copy of a fire certificate from the County Government; 10.   Scan of original copy of logbook for each vehicle. The logbook shall be in the name of the applicant and in absence of such, the applicant shall provide valid lease agreements with the owner of the transport vehicle; 11.   Proof of compliance with timely and accurate submission of liquid petroleum gas statistics as required by the Authority. VIII.   Requirements for renewal of licence for storage of bulk liquid petroleum gas 1.   Completed online application; 2.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 3.   Scan of original copies of identification documents (National identity cards or Passports) for the company’s directors. 4.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 5.   Scan of original copy of a valid Single Business Permit from the County Government; 6.   Scan of original copy of a valid tax compliance certificate; 7.   Proof of control of a liquid petroleum gas storage facility by submitting either: a.   Ownership documents of a liquid petroleum gas storage facility; OR b.   Long term lease (minimum five years). 8.   Proof of submission of annual self-Environmental Audit for the facility to the National Environment Management Authority; 9.   Scan of original copy of a valid Fire Certificate from the County Government; 10.   Scan of original copy of a valid Report on Examination for bulk liquid petroleum gas storage tanks from an Inspector approvedby Director or Occupational Safety and Health; 11.   Scan of original copy of a valid Calibration Certificate for each bulk liquid petroleum gas storage tank; 12.   Proof of access to a calibrated weighbridge by submitting either: a.   Ownership of a calibrated weighbridge; or b.   Long term agreement on use of a calibrated weighbridge use (minimum five years) 13.   Scan of original copy of a valid Certificate of Registration of Work Place in compliance with the Occupational Safety and Health Act; Kenya Subsidiary Legislation, 2025 1347 14.   Proof of training of a minimum of four employees in the handling of liquid petroleum gas in the national industrial training authority approved institution; 15.   Proof of compliance with corrective action plans given during audits; 16.   Proof of compliance with declaration of Bulk liquid petroleum gas Storage Vessels as required by the Authority; and 17.   Proof of compliance with timely and accurate submission of liquid petroleum gas statistics as required by the Authority. IX.   Requirements for renewal of licence for storage of bulk liquid petroleum gas and filling of cylinders 1.   Completed online application; 2.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 3.   Scan of original copies of identification documents (National identity cards or Passports) for the company’s directors; 4.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 5.   Scan of original copy of a valid Single Business Permit from the County Government; 6.   Scan of original copy of a valid tax compliance certificate; 7.   Proof of control of a liquid petroleum gas storage facility by submitting either: a.   Ownership documents of a liquid petroleum gas storage facility; or b.   Long term lease (minimum five years). 8.   Proof of Submission of annual self-Environmental Audit to the (National Environment Management Authority;) 9.   Scan of original copy of a Fire Certificate from the County Government; 10.   Scan of copy of a valid Report on Examination for the bulk liquid petroleum gas storage tanks from an Inspector approved by the Director of Occupational Safety and Health; 11.   Scan of original copy of a valid Calibration Certificate of each Bulk liquid petroleum gas storage tank; 12.   Scan of original copy of a valid copy of Certificate of Registration of Work Place; 13.   Proof of training of a minimum of four employees involved in the handling of liquid petroleum gas in the national industrial training authority approved institution; 14.   Proof of economic viability of the plant by submitting either: a.   Ownership of at least seventy thousand liquid petroleum gas cylinders of own brand; or 1348 Kenya Subsidiary Legislation, 2025 b.   Written contract to fill liquid petroleum gas in Cylinders on behalf of a licensed brand owner with an assurance of allocated filling capacity of at least seventy thousand liquid petroleum gas Cylinders per annum. 15.   Scan of original copy of weighing scale Calibration Certificate from the Department of Weights and Measures; 16.   Proof of installation of Atmospheres Explosibles non-obscured Closed-Circuit Television cameras at the filling area with access given to the Authority via a web-based portal. 17.   Proof of compliance with Corrective Action Plans given during audits; 18.   Proof of compliance with declaration of Bulk liquid petroleum gas Storage Vessels as required by the Authority; and 19.   Proof of compliance with timely and accurate submission of liquid petroleum gas statistics as required by the Authority. X.   Requirements for renewal of licence to operate a reticulated liquid petroleum gas system 1.   Completed online application; 2.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 3.   Scan of original copies of identification documents (National Identity cards or Passports) for the company’s directors. 4.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s); 5.   Scan of original copy of a valid Single Business Permit from the County Government; 6.   Scan of original copy of a valid tax compliance certificate; 7.   Proof of access to legal supply of liquid petroleum gas by submitting either: a.   A copy of a valid Import, Export and Wholesale of bulk liquid petroleum gas licence; or b.   Supply agreement with a holder of a valid Import, Export and Wholesale of bulk liquid petroleum gas licence. 8.   Proof of Submission of annual self-Environmental Audit to the national environmental management authority. 9.   Scan of original copy of a valid Fire Certificate from the County Government; 10.   Scan of original copy of a valid Report on Examination for Bulk liquid petroleum gas storage tanks from an Inspector approved by the Director or Occupational Safety and Health; 11.   Scan of original copy of a valid Calibration Certificate of each Bulk liquid petroleum gas storage tank; 12.   Scan of original copy of a valid Calibration Certificate of the metering equipment to be connected to liquid petroleum gas Consumers; Kenya Subsidiary Legislation, 2025 1349 13.   Proof of compliance with Corrective Action Plans given during audits. 14.   Proof of compliance with timely and accurate submission of liquid petroleum gas statistics as required by the Authority; 15.   Proof of compliance with declaration of Bulk liquid petroleum gas Storage Vessels as required by the Authority; and 16.   Submission of report and list of reported and resolved customer complaints. XI.   Requirements for renewal of brand care taker licence 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Scan of original identification documents (National Identity cards or Passports) for all the company’s directors and/or partners; 5.   Scan of original valid Single Business Permit from the County Government. 6.   Scan of original valid tax compliance certificate; 7.   Scan of original valid Work permit Class “G” for foreign directors working in Kenya declaration for non-resident director(s). 8.   Valid insurance policy against injuries to liquid petroleum gas Consumers and third parties related to defective Cylinder; 9.   Submission of report and list of reported and resolved customer complaints; 10.   Ownership of at least one licensed liquid petroleum gas storage and refilling plant; 11.   Proof of market presence in the area where the distressed brand-owner has predominant number of customers by providing evidence of a licenced retail or wholesale of liquid petroleum gas in cylinders premise; 12.   Proof of compliance with timely and accurate submission of liquid petroleum gas statistics as required by the Authority; and Proof of compliance with declaration of bulk liquid petroleum gas storage vessels as required by the Authority.

SIXTH SCHEDULE (r. 36(2)(a), 3(3), 37(3) (5)) APPLICABLE CYLINDER DEPOSIT CYLINDER CAPACITY REFUNDABLE DEPOSIT 0.5 kilogram Kshs. 200 1 kilogram Kshs. 400 3 kilogram Kshs. 900 6 kilogram Kshs. 1,500 13 kilogram Kshs. 2,000 1350 Kenya Subsidiary Legislation, 2025

SEVENTH SCHEDULE (r. 39(2), 56(2)) APPLICATIONS FOR THE EXPORT OF LIQUID PETROLEUM GAS CYLINDERS AND BULK LIQUID PETROLEUM GAS STORAGE VESSELS I.   APPLICATION FOR THE EXPORT OF LIQUID PETROLEUM GAS CYLINDERS. 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original copy of CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Cylinder test reports; 5.   Serial numbers of all the cylinders being exported; 6.   Bill of Lading for the consignment; 7.   An undertaking that the consignment of cylinders does not constitute any of the property of a brand owner registered in Kenya without their express approval. II.   APPLICATION FOR THE EXPORT OF BULK LIQUID PETROLEUM GAS STORAGE VESSELS 1.   Completed online application; 2.   Scan of original certificate of incorporation/business registration certificate; 3.   Scan of original copy of CR 12 from registrar of companies and/or CR 13 from the Business Registration Service that is not older than three calendar months from the date of issue; 4.   Bulk liquid petroleum gas storage vessel valid examination and calibration certificates; 5.   Serial numbers for each bulk liquid petroleum gas storage vessel; 6.   Bill of Lading for the consignment; 7.   An undertaking that the consignment of the bulk liquid petroleum gas Storage Vessel (s) does not constitute any of the property of a person having previously declared acquisition of the bulk liquid petroleum gas Storage Vessel (s) in Kenya without their express approval. Kenya Subsidiary Legislation, 2025 1351

EIGHTH SCHEDULE (r. 40 (3)) UNIQUE SEAL IDENTIFIERS REQUEST FORM Requirements Details Brand Owner/ Licensee EPRA licence number Brands seals requested for Date of Application Place of delivery Designated person to receive Sample signature Date of request (processing shall not be more than 20 days from the date of request and not less than 10 working days) Number of seals requested (should be equivalent to not more than 6 months supply and not less than 3months supply) Person requesting Designated refilling plant(s) EPRA licences for the designated refilling plant(s)

NINTH SCHEDULE (r. 9(4)) LICENCING OF LIQUID PETROLEUM GAS INSTALLERS CATEGORIES AND CLASSES OF LIQUID PETROLEUM GAS INSTALLERS LICENCES LIQUID PETROLEUM GAS INSTALLATION CATEGORIES CATEGORY SCOPE STORAGE RISK EXPOSURE CAPACITY PROFILE I Common User Above 150 High High liquid petroleum MT gas Storage Facilities II Liquid petroleum Up to 150 Medium to Medium gas Storage and MT High Filling Facilities III Public Use Up to 10 MT Medium to High Establishments & High Reticulation systems IV Autogas Up to 4.5 Medium to Medium Dispensing MT High Stations V Liquid petroleum Up to 20 MT Low to Low gas Consumer Medium Sites 1352 Kenya Subsidiary Legislation, 2025 CLASS GRADE SCOPE Requirement Requirement - Requirement – Minimum MINIMUM NCA Personnel EXPERIENCE MECHANICAL ENGINEERING CONTRACTOR REGISTRATION A-1 Design and Category 1 Class B-1 7 years in NCA 1 TO NCA Installation I, II, III, 1 Class C-1 constructing 3 Contractor IV, V 1 Class C-2 medium to large- scale liquid petroleum GAS or petroleum facilities; Completion of 3+ Category II projects in the last 5 years A-2 Installation Category 1 Class C-1 5 years in liquid NCA 4 TO NCA Contractor III, IV, V 1 Class C-2 petroleum gas or 8 gas infrastructure projects; Completion of 2+ Category III, IV or V projects in the last 3 years LIQUID PETROLEUM GAS INSTALLERS LICENCE CLASSIFICATION CLASS GRADE EDUCATIONA KEY MINIMUM ROLE SCOPE L LEVEL REQUIREMENTS EXPERIENCE B-1 Engineer Bachelor’s Professional 5 years in the Design; Project Category I, Degree in Engineer; design and Management; II, III, IV, relevant Advanced construction of Supervision; V Engineering engineering liquid petroleum Certification discipline expertise; QRA; gas or petroleum HAZOP; facilities; Proved Postgraduate track record of specialization in managing at least liquid 3 liquid petroleum gas petroleum GAS- systems related projects (preferred) C-1 Technician Diploma in Certified 3 Years in the Install; test; Category relevant Engineering construction or design III, IV, V Engineering Technician; maintenance of implementa discipline Advanced liquid petroleum tion Installation; gas systems; liquid Proven petroleum gas- involvement in at specific training least 2 liquid certifications petroleum gas Projects Kenya Subsidiary Legislation, 2025 1353 C-2 Fitter K.C.S.E., Craft/Trade Year in liquid Hands-on Category Recognition Certification; petroleum gas or gas- assembly; V of prior Basic related projects assist learning- the Installation; National Training in Industrial liquid Training petroleum gas Authority handling and safety; Vocational training in Liquid Petroleum Gas systems (preferred) LIQUID PETROLEUM GAS INSTALLERS LICENCE FEES CLASS OF APPLICATION LICENCE LICENCE REPLACEMENT LICENCE FEES FEES FEES A-1 Kshs.1,000 Kshs.25,000 Kshs.1,000 A-2 Kshs.1,000 Kshs.15,000 Kshs.1,000 B-1 Kshs.1,000 Kshs.3,000 Kshs.500 C-1 Kshs.1,000 Kshs.1,500 Kshs.500 C-2 Kshs.500 Kshs.1,000 Kshs.500

TENTH SCHEDULE (r. 104(1)) NOTIFICATION OF OFFENCE (This NOTICE is issued pursuant to the Petroleum Act, Cap 308 (“the Act”) and subsequent regulations) NOTICE OF VIOLATION OF THE PETROLEUM ACT related to the operation/construction of the said ………………………………............... and trading as .................................................................................................................... TAKE NOTICE that on the …………… of.....………........... 20 …..… an inspection was carried out by an officer/officers from the Energy & Petroleum Regulatory Authority at your establishment/facility located in ................................................................................ (Town) ………………………………………………….............................................(Subcounty) ………………………………………………………………………......................…(Cou nty) and of postal address of P.O. Box ……................................…………………… where it was found that you or your agents did not comply with the requirements of the Act and in particular the following items were identified: ..............................……………………….......................………………………….............. 1354 Kenya Subsidiary Legislation, 2025 ............................................................................................................................................... ............................................................................................................................................... ..................................................………..……...…………………………………… (attach more paper if necessary) You ARE HEREBY DIRECTED to: ........................................................ …………............................................................................................................................... ......................................................................................................... (attach more paper if necessary) of the above-mentioned facility/establishment within a period of ................. hours/days from the time and date of this NOTICE. Further, you ARE HEREBY NOTIFIED THAT in accordance with Sections 124 of the Act, failure to comply with the requirements of the Act shall result in criminal prosecution being instituted against you and/or your agent or both.

ELEVENTH SCHEDULE (r. 41(n), 60(5)(d)) MINIMUM SAFETY INFORMATION ON LIQUID PETROLEUM GAS CYLINDER REFILL 1.   Company details: (a)   Brand name. (b)   Customer service number. (c)   Emergency contacts. (d)   Kenya Bureau of Standards standardization mark. 2.   What to check when buying the liquid petroleum gas in cylinder refill: (a)   Check condition of valve. (b)   Weight of cylinder against tare weight. (c)   Check that the seal is intact and genuine. (d)   Request cylinder use demonstration if not sure. 3.   How to handle and store: (a)   Keep the cylinder in upright position when transporting and storing. (b)   Observe separation distance between cylinder and stove/ cooker/ oven (a minimum separation distance of thirty centimetres is recommended). (c)   Keep the cylinder in an airy place. (d)   Do not rollover, throw or bang the cylinders. (e)   Do not store cylinders at exits or aisles. (f)   Avoid exposing cylinders to rain and direct sun. 4.   How to use liquid petroleum gas cylinder (a)   Ensure the hose, regulator or burner is well fitted. Kenya Subsidiary Legislation, 2025 1355 (b)   When using a rubber hose, ensure there are no visible cracks. Replace hose after five years. (c)   Strike match before turning on liquid petroleum gas burner or regulator. (d)   Never leave the burner un-attended during use. (e)   Ensure to turn off liquid petroleum gas burner or regulator after use. (f)   Ensure that you get liquid petroleum gas from genuine gas suppliers and source. 5.   What to do in case of liquid petroleum gas leakage: (a)   When you smell liquid petroleum gas odour, do not panic. (b)   Don’t turn on any electrical appliances or light switch. (c)   Turn off liquid petroleum gas regulator. (d)   Liquid petroleum gas is heavier than air; hence open the lowest openings such as doors, in addition to windows. (e)   Remove the cylinder out of the room. (f)   Inform the wholesaler or the brand owner. Made on the 23rd May, 2025. OPIYO WANDAYI, Cabinet Secretary for Energy and Petroleum. LEGAL NOTICE NO. 102 THE ENERGY ACT (Cap. 314) IN EXERCISE of the powers conferred by section 208 of the Energy Act, the Cabinet Secretary for Energy and Petroleum on the recommendation on the Energy and Petroleum Regulations Authority, makes the following Regulations— THE ENERGY (PETROLEUM INFORMATION AND STATISTICS) (REVOCATION) REGULATIONS, 2025 1.   These Regulations may be cited as the Energy (Petroleum Citation. Information and Statistics) (Revocation) Regulations, 2025. 2. The Energy (Petroleum Information and Statistics) L.N. No. 6 of Regulations, 2014 are revoked. 2014. Made on the 19th May, 2025. OPIYO WANDAYI, Cabinet Secretary for Energy and Petroleum.