Petroleum (Information and Statistics) Regulations, Legal Notice no. 98 of 2025

1204 Kenya Subsidiary Legislation, 2025 LEGAL NOTICE NO. 98 THE PETROLEUM ACT (Cap. 308) THE PETROLEUM (INFORMATION AND STATISTICS) REGULATIONS, 2025 ARRANGEMENT OF REGULATIONS Regulation. PART I—PRELIMINARY PROVISIONS 1—Citation. 2—Interpretation. PART II— INFORMATION ON PETROLEUM IMPORTATION, STORAGE AND TRANSPORTATION 3— Requirement to submit information. 4— Information on storage. 5— Information on importation. 6— Information on pipeline transportation. PART III— INFORMATION ON WHOLESALE AND RETAIL OF PETROLEUM PRODUCTS 7— Information on wholesale. 8— Information on retail. 9— Information on Liquefied Petroleum Gas. PART IV—MISCELLANSOUS 10— Compliance. 11— Reporting of accidents and incidents. 12— Offences and penalties. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE Kenya Subsidiary Legislation, 2025 1205 THE PETROLEUM ACT (Cap. 308) IN EXERCISE of the powers conferred by section 101 of the Petroleum Act, the Cabinet Secretary for Energy and Petroleum on the recommendation on the Energy and Petroleum Regulations Authority makes the following Regulations— THE PETROLEUM (INFORMATION AND STATISTICS) REGULATIONS, 2025 PART I—PRELIMINARY PROVISIONS 1.   These Regulations may be cited as the Petroleum Citation. (Information and Statistics) 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 an accident; “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;

1206 Kenya Subsidiary Legislation, 2025 “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 the form set out in the First 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 Kenya Subsidiary Legislation, 2025 1207 (vi)  receiving bulk storage facility; and (b)   the final destination of the imported products. (2) The information in subregulation (1) shall be in the form set out in the Second 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 the form specified in the Third 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 the form specified in the Fourth 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 the form specified in the Fifth 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;

1208 Kenya Subsidiary Legislation, 2025 (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 the form specified in the Sixth Schedule. PART IV— MISCELLANEOUS 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 the form and manner specified in the Seventh 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 liable to have committed the offences in subregulation (1). Kenya Subsidiary Legislation, 2025 1209

FIRST SCHEDULE PETROLEUM STORAGE FACILITIES REPORTING REQUIREMENTS r.4(3) FORM 1 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: Storage Total Storage Capacity (m3): 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* 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 1210 Kenya Subsidiary Legislation, 2025 (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 __________% (i)   Product 1 ________________________m3 __________% (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 Kenya Subsidiary Legislation, 2025 1211

SECOND SCHEDULE PETROLEUM IMPORTATION REPORTING REQUIREMENTS r.5(2) FORM 2 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.: 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: 1212 Kenya Subsidiary Legislation, 2025 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: Kenya Subsidiary Legislation, 2025 1213

THIRD SCHEDULE PETROLEUM PIPELINE TRANSPORT REPORTING REQUIREMENTS r.6(2) THIS SHOULD BE COMPLETED TOGETHER WITH THE STORAGE INFORMATION REQUIREMENTS AS PRESCRIBED IN REGULATION 4. FORM 3 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 b. Points of Service: b. Length(km):_______ facilities): 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) 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): 1214 Kenya Subsidiary Legislation, 2025 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 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 1215

FOURTH SCHEDULE PETROLEUM WHOLESALE REPORTING REQUIREMENTS r.7(2) FORM 4 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)_________ 1216 Kenya Subsidiary Legislation, 2025

FIFTH SCHEDULE PETROLEUM RETAIL REPORTING REQUIREMENTS r.8(2) FORM 5 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 1217

SIXTH SCHEDULE LIQUIFIED PETROLEUM GAS (LPG) STATISTICS REPORTING FORM r.9(2) FORM 6 LIQUIFIED PETROLEUM GAS (LPG) STATISTICS REPORTING FORM PART A Name of Importer: EPRA Licence No.: Reporting Period: ________________ (Month) _________________ (Year) Date of Submission: ________________________________ Import quantity: (i)   LPG Quantity (Mt): 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 facility used to discharge the product after storage importation facility: 6. Total volume import: --------------------------------------- Mt (i)   Quantity ------------------------------- Mt designated for Local Market (ii)   Quantity ------------------------------- Mt designated for the Local Market Sales: (i)   Local Total quantity sold in bulk (Mt)………………………… Total quantity sold in cylinders (Mt)……………… (ii)   Export Total quantity sold in bulk 1218 Kenya Subsidiary Legislation, 2025 (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 Size……………………… new cylinders No………………………….. introduced into the market 3.   (i)   Local Size……No……… Size……….. manufactured Unit cost (Kshs)…… 4.   (ii)   Imported Size………No…… Size……….. Unit cost (Kshs)…… 5.   Total LPG Quantity (Mt)………………………………………… sales in cylinders

SEVENTH SCHEDULE ACCIDENT OR INCIDENT REPORT r.11(1) FORM 7 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): Kenya Subsidiary Legislation, 2025 1219 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: 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 23rd May, 2025. OPIYO WANDAYI, Cabinet Secretary for Energy and Petroleum.