Petroleum (Information and Statistics) (no. 2) Regulations, Legal Notice no. 187 of 2025

1. These Regulations may be cited as the Petroleum Citation. (Information and Statistics) (No. 2) Regulations, 2025.

2. In these Regulations, unless the context otherwise requires— Interpretation. “Authority” means the Energy and Petroleum Regulatory Authority established under section 9 of the Energy Act; Cap. 314. “dead stocks” refers to petroleum products that cannot be extracted from a storage tank below the discharge point of a tank in the normal course of operations; “incident” means an occurrence which has the potential to cause harm to a person or damage to equipment, property or the environment and includes accidents; “line fill” means the volume of petroleum products maintained in a pipeline as restricted stock for purposes of displacement of other products during pumping operations; “operational stock” means stock in storage facilities that is accessible in normal operations; “petroleum products” means all imported refined petroleum products; “pipeline” means a pipe or system of pipes used for the transportation of petroleum and any apparatus and works associated therewith, including — (a) apparatus for inducing or facilitating the flow of petroleum through the pipe or system of pipes; (b) valves, valve chambers, manholes, inspection points and similar works, being works annexed to, or incorporated in the course of the pipe or system of pipes; (c) apparatus for supplying energy for the operation of any such a system as mentioned in paragraph (a) or of such works as mentioned in paragraph (b); (d) apparatus for the transmission of information for the operation of the pipe or system of pipes; (e) apparatus for providing cathodic protection to the pipe or system of pipes; or (f) a structure for the exclusive support of a part of the pipe or system of pipes; Kenya Subsidiary Legislation, 2025 2135 “storage tank” means a tank used or designed to be used for the storage of petroleum products; “transit” means the movement of petroleum products imported from a foreign country through Kenya to a foreign destination; and “undertaking” means the carrying out of the business specified in a licence or a permit. PART II— INFORMATION ON PETROLEUM IMPORTATION, STORAGE AND TRANSPORTATION

3. A person licensed under the Act shall submit information Requirement to required under these Regulations in the form and manner and within the submit information. period prescribed by the Authority under these Regulations.

4. (1) A person licensed to store petroleum products shall Information on submit to the Authority by the tenth day following the end of each storage. calendar month in the form and manner prescribed under these Regulations, information on— (a) the operational capacity for each petroleum storage tank according to the type of petroleum product; (b) the closing stock volumes of petroleum products for the period specified by the Authority; (c) in case of a common user petroleum facility, the ownership of the products; (d) the total throughput volume per petroleum product for the period specified by the Authority; and (e) the operational stock losses for each petroleum product in the form and manner specified by the Authority under these Regulations. (2) The information provided in subregulation (1) shall be geo- referenced according to the Global Positioning System location of each storage facility as indicated in the licence. (3) The information in subregulation (1) shall be in Form 1 set out in the Schedule.

5. (1) A person licensed to import petroleum products shall Information on submit to the Authority by the tenth day following the end of each importation. calendar month information on— (a) the quantity of petroleum products imported into Kenya by the— (i) type of petroleum product; (ii) country of origin; (iii) open tendering system reference number; (iv) name of the delivery vessel; (v) port of entry; and 2136 Kenya Subsidiary Legislation, 2025 (vi) receiving bulk storage facility; and (b) the final destination of the imported products. (2) The information in subregulation (1) shall be in Form 2 set out in the Schedule.

6. (1) A person licensed to transport petroleum products by Information on pipeline shall submit to the Authority by the tenth day following the pipeline transportation. end of each calendar month information on the— (a) quantity of operational stocks, line fill and dead stocks in the pipeline system by product; (b) throughput and closing stocks by product; and (c) operational stock losses. (2) The information in subregulation (1) shall be in Form 3 specified in the Schedule. PART III— INFORMATION ON WHOLESALE AND RETAIL OF PETROLEUM PRODUCTS

7. (1) A person licensed to wholesale petroleum products shall Information on submit to the Authority by the tenth day following the end of each wholesale. calendar month information on the— (a) total volume of petroleum sold by product and destination; and (b) source storage facility for each product sold. (2) The information in subregulation (1) shall be in Form 4 specified in the Schedule.

8. (1) A person licensed to retail petroleum products shall Information on submit to the Authority by the tenth day following the end of each retail. calendar month information on the— (a) total volume sold by product; (b) total volume purchased and the source; and (c) storage tank capacities per product per retail station. (2) The information in subregulation (1) shall be in Form 5 specified in the Schedule.

9. (1) A person licensed to undertake liquid petroleum gas Information on business, shall in addition to any other reporting requirements liquefied petroleum gas. prescribed in these Regulations, submit to the Authority, by the tenth day following the end of each calendar month, information on the— (a) quantity of liquid petroleum gas imported, by source country and by entry point into Kenya; (b) quantity of local purchases of liquid petroleum gas in bulk and the source; (c) quantity of local sales of liquid petroleum gas in bulk; Kenya Subsidiary Legislation, 2025 2137 (d) quantity and unit cost of liquid petroleum gas cylinders imported or procured locally in a calendar quarter; and (e) quantity of liquid petroleum gas sales in cylinders for each calendar month. (2) The information in subregulation (1) shall be in Form 6 specified in the Schedule. PART IV— GENERAL PROVISIONS

10. Notwithstanding these Regulations, the Authority shall Compliance. comply with the Access to Information Act. Cap. 7M.

11. (1) A licensee who undertakes petroleum business shall Reporting of within forty-eight hours of occurrence of an accident or incident notify Accidents and Incidents. the Authority, in Form 7 and manner specified in the Schedule. (2) The threshold of reportable incidences includes incidences causing— (a) loss of life or permanent total disability; (b) damage to property or to the environment of value exceeding one million shillings; (c) oil spill of one hundred litres or more or accidental gas release of one hundred kilograms or more; or (d) fire or explosion causing the damage set out in paragraph (a) or (b). (3) A licensee who contravenes this regulation commits an offence and shall be liable upon conviction to a fine not exceeding twenty thousand Kenya shillings per incident.

12. (1) A person who — Offences and penalties. (a) deliberately fails, refuses or neglects to submit data and information required by the Authority under these Regulations, commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings; or (b) deliberately gives false or misleading information, commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings. (2) The Authority may suspend or revoke the licence, permit or certificate where a person is found to have committed the offences in subregulation (1).

13. The Petroleum (Information and Statistics) Regulations, Revocation. 2025 are revoked. L.N No. 98 of 2025. 2138 Kenya Subsidiary Legislation, 2025 SCHEDULE (r. 4(3), 5(2), 6(2), 7(2), 8(2), 9(2) & 11(1)) FORM 1 PETROLEUM STORAGE FACILITIES REPORTING REQUIREMENTS PETROLEUM STORAGE FACILITIES REPORTING REQUIREMENTS PART A Name of storage facility: EPRA Type of Storage Licence (Private, No.: Common User, Strategic Stocks): Reporting ________________ (Month) _________________ (Year) Period Date of Submission: GPS: Longitude:_________________ Latitude:_________________ ___ Location: County: Sub-County: 3 Storage Total Storage Capacity (m ): Capacity: i. Aviation Gasoline Volume (m3): ii. Premium Motor Spirit Volume (m3): iii. Illuminating Kerosene Volume(m3): iv. Jet A1 Volume(m3): v. Automotive Gasoil Volume (m3): vi. Industrial Diesel Oil Volume (m3): vii. Fuel Oil (CST 125) Volume (m3): viii. Fuel Oil (CST 180) Volume (m3): PART B 1 – 6 to be completed for each petroleum product held at the storage facility* Kenya Subsidiary Legislation, 2025 2139 Product:

1. Opening Stock: Total _________ m3 = Operational Stock _________ m3 + Deadstock _________ m3 * At the beginning of the reporting period as prescribed by the Authority

2. Total Receipts: ____________________________________ m3: (i) Ship: __________________________ m3 (ii) Pipeline: ________________________ m3 (iii) Trucks: __________________________ m3

3. Total Loadings/offtakes: ___________________ m3 (i) Pipeline: ________________________m3 (ii) Trucks: _________________________m3 (iii) Ship (back loading): _______________m3

4. Loading/offtake Destination: _________________________m3 (i) Local Market: _____________________________m3 (ii) Export Market: _____________________________m3

5. Operational Stock Losses Total: _____________m3 __________% 3 (i) Product 1 ________________________m __________% (ii) Product 2 ________________________ m3 __________% (iii) Product 3________________________m3__________%

6. Closing Stock: Total_________m3 = Operational Stock__________ m3 + Deadstock_________ m3 * At the end of the reporting period as prescribed by the Authority Incidences: * Comment on any incidences including any non-operational losses 2140 Kenya Subsidiary Legislation, 2025 FORM 2 PETROLEUM IMPORTATION REPORTING REQUIREMENTS PETROLEUM IMPORTATION REPORTING REQUIREMENTS PART A Name of Importer: EPRA Licence No.: Reporting Period: ________________ (Month) _________________ (Year) Date of Submission: ________________________________ Import Volumes: i. Aviation Gasoline Volume (m3): ii. Premium Motor Spirit Volume (m3): iii. Illuminating Kerosene Volume(m3): iv. Jet A1 Volume(m3): v. Automotive Gasoil Volume (m3): vi. Industrial Diesel Oil Volume (m3): vii. Fuel Oil (CST 125) Volume (m3): viii. Fuel Oil (CST 180) Volume (m3): PART B 1 – 7 to be completed for each petroleum product import during the reporting period* Product: 1. Port of entry:

2. Country of Origin:

3. Vessel/Vehicle Registration No.: Kenya Subsidiary Legislation, 2025 2141 4. Date of Import:

5. Receiving Storage * storage facility used to discharge the product Facility: after importation

6. Total Volume ______________________________ m3 Imported: i. Volume designated for ______________m3 Local Market: ii. Volume designated for the ______________m3 Export Market:

7. For products Open Tendering Imported System Reference through Open Number: Tendering FOB Price: System: Freight and Premium: Letter of Credit charges: Insurance and War Risk: Port handling charges: Steve Doring charges: Ocean Losses: Administration Fees: Inspection charges: Analysis and Recertification charges: Demurrage costs: 2142 Kenya Subsidiary Legislation, 2025 FORM 3 PETROLEUM PIPELINE TRANSPORT REPORTING REQUIREMENTS THIS SHOULD BE COMPLETED TOGETHER WITH THE STORAGE INFORMATION REQUIREMENTS AS PRESCRIBED IN REGULATION 4. PIPELINE TRANSPORTATION REPORTING REQUIREMENTS PART A Name of Pipeline Operator: EPRA Licence No.: Reporting Period: ________________ (Month) _________________ (Year) Date of Submission: ________________________________ Pipeline Capacity a. Line Name: a. Capacity(m3):________ (excluding storage facilities): b. Points of Service: b. Length(km):_________ c. Products: Premium Motor Spirit c. Physical Stock (m3)____ Jet A1 Illuminating Kerosene Automotive Gasoil (Any other) a. Line Name: a. Capacity(m3):________ b. Points of Service: b. Length(km):_________ c. Products: Premium Motor Spirit c. Physical Stock (m3)____ Jet A1 Illuminating Kerosene Dual Purpose Kerosene Automotive Gasoil (Any other) Kenya Subsidiary Legislation, 2025 2143 PART B Part B 1 – 4 to be completed for each petroleum storage facility within the pipeline system*

1. Line Name:

2. Facility Name:

3. GPS Location: Longitude: Latitude:

4. Capacity: Total Storage Capacity_______________________________ m3 *Provide storage capacity Premium Motor Spirit Volume (m3) : Jet A1 Volume (m3): Illuminating Kerosene Volume (m3) : Dual Purpose Kerosene Volume (m3) Automotive Gasoil Volume (m3): (Any other) Volume (m3): Part B 5 – 11 to be completed for each petroleum product held at the storage facility* Product:

5. Opening Stock: Total ______m3 = Operational Stock ______m3 + Deadstock ________m3 * At the beginning of the reporting period as prescribed by the Authority

6. Receipts: Total:____________________________________ m3 (i) Ship ________________________ m3 (ii) Pipeline ______________________ m3

7. Loadings/offtakes: Total: ________________________________m3 (i) Pipeline ______________________m3 (ii) Trucks _______________________m3 (iii) Ship _________________________m3 2144 Kenya Subsidiary Legislation, 2025

8. Destinations: Total Loadings/Offtakes: ______________________m3 (i) Local Market _______________________________m3 (ii) Export Market ______________________________m3

9. Stock Losses: Total: ________m3 __% (i) Product ________ m3 __% (ii) Product ________ m3 __% (iii) Product ________ m3 __%

10. Closing Stock: Closing Stock: Total ______m3 = Operational Stock _____m3 + Deadstock _________ m3 * At the end of the reporting period as prescribed by the Authority

11. Incidences * Comment on any incidences including any non-operational losses Kenya Subsidiary Legislation, 2025 2145 FORM 4 PETROLEUM WHOLESALE REPORTING REQUIREMENTS PETROLEUM WHOLESALE REPORTING REQUIREMENTS Name of Wholesaler: EPRA Licence No.: Reporting Period: ________________ (Month) _________________ (Year) Date of Submission: ________________________________ Purchases: Product: Total Volume(m3): Storage depot 1: Volume (m3) : Storage depot 2: Volume (m3) : Sales i. Local Market Total Volume (m3):___________________________ a. Retail dispensing site________County _________ Volume (m3)_______ b. Consumer Facility:______ County __________ Volume (m3)__________ ii. Export Market Total Volume (m3) :________________ a. Country 1:______________ Volume (m3)_________ b. Country 2:_______________ Volume (m3)_________ 2146 Kenya Subsidiary Legislation, 2025 FORM 5 PETROLEUM RETAIL REPORTING REQUIREMENTS PETROLEUM RETAIL REPORTING REQUIREMENTS Name of Retailer: EPRA Licence No.: Reporting Period: ________________ (Month) _________________ (Year) Date of Submission: ________________________________ GPS: Longitude:________________ Latitude:_________________ _________________________ _ Location: County: Sub-County: Storage Tank a. Premium Motor Spirit a. Capacity:____________m3 Capacities b. Illuminating Kerosene b.Capacity:_____________m3 c. Automotive Gasoil c.Capacity:_____________m3 Purchases: Product: Total Volume (m3): Source Storage depot: County: Volume (m3) : Source Storage depot: County: Volume (m3) : Sales: Total Volume (m3):_______________ Kenya Subsidiary Legislation, 2025 2147 FORM 6 LIQUIFIED PETROLEUM GAS (LPG) STATISTICS REPORTING FORM LIQUIFIED PETROLEUM GAS (LPG) STATISTICS REPORTING FORM PART A Name of Importer: EPRA Licence No.: Reporting Period: ________________ (Month) _________________ (Year) Date of Submission: ________________________________ Import (i) LPG Quantity (Mt): quantity: PART B (1-7 to be completed for each LPG import during the reporting period) Product:

1. Port of entry:

2. Country of origin:

3. Vessel/ Vehicle Registration No:

4. Date of import:

5. Receiving storage Storage facility used to discharge the product after facility: importation

6. Total volume import: --------------------------------------- Mt (i) Quantity designated ------------------------------- Mt for Local Market (ii) Quantity designated ------------------------------- Mt for the Local Market 2148 Kenya Subsidiary Legislation, 2025 Sales: (i) Local Total quantity sold in bulk (Mt)………………………… Total quantity sold in cylinders (Mt)………………………… (ii) Export Total quantity sold in bulk (Mt)………………………… Total quantity sold in cylinders (Mt)………………………… PART C (1-7 to be completed for each LPG import during the reporting period)

1. Cylinder brand

2. Total No. of new Size……………………… No………………………….. cylinders introduced into the market

3. (i) Local manufactured Size……No………… Size……….. Unit cost (Kshs)……

4. (ii) Imported Size………No………. Size……….. Unit cost (Kshs)……

5. Total LPG sales in Quantity (Mt)……………………………………………. cylinders Kenya Subsidiary Legislation, 2025 2149 FORM 7 ACCIDENT OR INCIDENT REPORT ACCIDENT OR INCIDENT REPORT Name of Petroleum Business Licensee: EPRA Licence No. : Expiry Date: Type of Accident or Incident (Fire, Spill): PREMISE INFORMATION (INCASE OF A STORAGE FACILITY, CONSUMER SITE OR RETAIL STATION): Name of Premise: GPS: Longitude: Latitude: Location: County: Sub-County: Product Involved: VEHICLE INFORMATION (INCASE OF ROAD TANKER): Vehicle Registration No.: Tanker Permit No. : Expiry Date: Cargo on Board: Origin: Destination: DRIVER’S DETAILS (INCASE OF A ROAD TANKER): Name: National I.D. No.: Driver Certificate No. : Expiry Date: 2150 Kenya Subsidiary Legislation, 2025 DETAILS OF INCIDENT/ACCIDENT: Date: Time: Location and geographical spread of incident or accident Scale of environmental damage Gas Quantity (kgs)______________ if any Liquid Volume (m3) _____________ Area impacted (m2)_____________ Own and third party property damage if any Number of Injuries and/or Fatalities if any DESCRIPTION OF THE EVENTS LEADING TO AND THE MOST PROBABLE CAUSE OF THE INCIDENT AND ACCIDENT: PLEASE ATTACH ANY INFORMATION THAT IS RELEVANT TO THE REPORT WHERE APPROPRIATE SUCH AS A COPY OF THE JOURNEY PLAN AND VEHICLE TRACKING DATA FOR THE PREVIOUS 12 HOURS PRIOR TO THE INCIDENT/ACCIDENT OR ANY OTHER ADDITIONAL INFORMATION THE AUTHORITY MAY REQUIRE. Made on the 10th November, 2025. J. OPIYO WANDAYI, Cabinet Secretary for Energy and Petroleum. LEGAL NOTICE NO. 188 THE PETROLEUM (RETAIL DISPENSING SITE CONSTRUCTION AND LICENSING) (No. 2) REGULATIONS, 2025 ARRANGEMENT OF REGULATIONS Regulation. PART I—PRELIMINARY 1—Citation. 2—Interpretation.