GAZETTE NOTICE NO. 7252

under the Energy Act, 2019, and is responsible for the technical and economic regulation of the Electricity, Renewable Energy and Petroleum subsectors in Kenya. The Authority has developed the Draft Energy (Biofuels) Regulations, 2025, together with the associated Draft Regulatory Impact Statement. The purpose of the regulations is to promote the adoption and use of biofuels by enforcing standards and ensuring fair business practice in the biofuels value chain in Kenya. Stakeholders are requested to review the aforementioned documents and provide feedback that will be considered for incorporation in the regulations that will be gazetted. Your written comments on the Draft Energy (Biofuels) Regulations, 2025 and the draft Regulatory Impact Statement using the prescribed public comments form on the Authority’s website, may be submitted to reach the undersigned not later than thirty (30) days from the date of publication of this notice. The memoranda marked “PUBLIC COMMENTS ON DRAFT BIOFUELS REGULATIONS” can be hand delivered to the Authority offices or sent by email to renewableenergy@epra.go.ke. After the expiry of the thirty (30) day period for the submission of written memoranda, the Authority shall organize stakeholder consultation workshops. To express interest to participate in the consultative meetings, email:- renewableenergy@epra.go.ke or call: 0709336000. Details of the meetings shall also be available on the Authority’s website. A copy of the draft Regulatory Impact Statement is available on the Energy and Petroleum Regulatory Authority’s website www.epra.go.ke Director -General The Energy and Petroleum Regulatory Authority 1st Floor, Eagle Africa Centre, Longonot Road, Upper Hill P.O. Box 42681-00100 GPO, Nairobi, Kenya Telephone: 0709336000 Website: www.epra.go.ke LEGAL NOTICE NO. ……….. THE ENERGY ACT (No. 1 of 2019) IN EXERCISE of the powers conferred by sections 75 and 208 of the Energy Act, 2019, the Cabinet Secretary makes the following Regulations:— THE ENERGY (BIOFUELS) REGULATIONS, 2025 PART I – PRELIMINARIES 1. These regulations may be cited as the Energy (Biofuels) Regulations, 2025. 2. In these regulations, unless the context otherwise requires — 30th May, 2025 THE KENYA GAZETTE “Act” means the Energy Act. “Authority” has the meaning assigned to it under the Act. “biofuel” means bioethanol, biodiesel or biogas, produced through biological, and/or chemical conversion of organic matter for industrial heating applications, cooking, transport and electricity generation. “blending” means the mixing of biofuels with a petroleum product. “distribution” means the supply of biofuels through piped networks, tankers, barrels or such other authorised means from the producer to third parties or end consumers. “Kenya Standard” means a specification or code of practice declared by the Council under the Standards Act. “licensee” means the holder of a licence issued under these Regulations; 3. These regulations shall apply to the production, importation, exportation, transportation, storage, packaging, blending, distribution and sale of biofuels. 4. The purpose of these regulations is to promote the adoption and use of biofuels by enforcing standards and ensuring fair business practice in the biofuels value chain. PART II – CONSTRUCTION PERMIT FOR A BIOFUEL PRODUCTION FACILITY 5. (a) A person shall not construct a biofuel production facility unless issued with a construction permit under these regulations. (b) Sub regulation (1) shall not apply to a person constructing a biogas plant that produces less than 12 m3 per day or a biodiesel plant that produces less than 100 litres per month. (c) A person who undertakes the construction of a biofuels production facility without a construction permit commits an offence. 6. (a) A person who intends to construct a biofuels production facility shall make an application for a construction permit to the Authority. (b) The application in sub regulation (1) shall be made in the format set out in the First Schedule and accompanied by proof of payment of the application fees set out in the Second Schedule. (c) The Authority shall process an application for a construction permit and communicate its decision in writing within forty five (45) days. (d) Where the Authority rejects an application for a construction permit, it will notify the applicant of the reasons thereof. 7. (a) A permit for construction of a biofuels production facility shall be in the form set out in the Third Schedule. (b) A permit issued under these regulations shall be valid for a period of two (2) years. (c) Upon expiry of the validity period, the permit holder may apply for extension as per the First Schedule. (d) The Authority shall process the application in sub regulation (3) and communicate its decision in writing within forty five (45) days. (e) A construction permit may be suspended or revoked by the Authority for non-compliance with any term or condition thereof within the prescribed period. (a) The permit holder shall comply with the provisions of the Act and all other applicable laws. PART III – LICENSING OF BIOFUELS BUSINESSES (b) (a) A person shall not engage in the production, importation, exportation, transportation, storage, packaging, blending, distribution and sale of biofuels unless licensed by the Authority. (b) Sub regulation (1) shall not apply to a person dealing in a biogas plant that produces less than 12 m3 per day or a biodiesel plant that produces less than 100 litres per month for own use. (c) An applicant may apply for a licence under the following categories:- (i) Category D Licence which shall entitle the holder to engage in the production, importation, exportation, transportation, storage, packaging, blending, distribution or sale of biodiesel. (ii) Category E Licence which shall entitle the holder to engage in the production, importation, exportation, transportation, storage, packaging, blending, distribution or sale of bioethanol. (iii) Category G Licence, which shall entitle the holder to engage in the production, transportation, storage, packaging, distribution or sale of biogas. (c) (a) A person who wishes to be licensed as per regulation 9 shall make an application to the Authority. (b) An application for a licence under these Regulations shall be made in the form set out in the Fourth Schedule, with proof of payment of the application fees set out in the Second Schedule. (c) The Authority shall process an application for a licence and communicate its decision in writing within thirty (30) days. (d) Where the Authority rejects an application for a licence, it will notify the applicant of the reasons thereof. (e) Where the applicant satisfies the requirements under these regulations, the Authority shall issue the applicant with a licence in the form set out in the Fifth Schedule (d) A licence issued under these Regulations shall be valid for a maximum period of three years. (e) (a) An application for renewal of a licence shall be made in the form set out in the Fifth Schedule, at least thirty (30) days before its expiry. (b) The application shall be accompanied by the documentation set out in the Fourth Schedule and proof of payment of annual fees specified in the Second Schedule. (c) The Authority shall renew the licence where the application is materially complete and the licensee has continually operated in accordance with the licensing conditions. (d) A licensee who makes a renewal application after the expiry date shall pay the annual fees for the period for which the license was not renewed. (f) (a) A licensee who wishes to change the scope of the licence, shall apply to the Authority for modification of the licence. (b) The application in sub regulation (1) shall be made in the form set out in the Fourth Schedule. (g) A licensee shall not transfer or otherwise divest any rights, powers or obligations conferred or imposed upon them by the licence without the consent of the Authority. (h) (a) The Authority may suspend or revoke any licence issued under these regulations where the licensee has breached the provisions of these regulations or any conditions attached to the licence (b) The Authority shall give a notice of fourteen (14) days to the Licensee requiring them to show cause as to why the Licence should not be suspended or revoked. (c) The notice to show cause issued in sub regulation (2) shall contain information to enable the licensee know the specific incidence(s) of non-compliance. (d) The Authority shall determine the matter within thirty (30) days from the expiry of the notice. THE KENYA GAZETTE 30th May, 2025 (e) A suspension or revocation of the licence shall not indemnify the licensee of any penalties for which such person may have become liable under these regulations. (i) A licensee shall comply with the Act and all other applicable laws PART IV – GENERAL PROVISIONS FOR BIOFUELS (j) The design, construction, operation, maintenance and waste management at biogas production facilities and the distribution of biogas shall comply with the Kenya Standard and be in accordance to the provisions set out in the Sixth Schedule. (k) The design, construction, distribution, maintenance, packaging, blending, branding and labelling of biodiesel shall comply with the Kenya Standard and be in accordance to the provisions set out in the Seventh Schedule. (l) The design, construction, distribution, maintenance, packaging, safety requirements, labelling of bioethanol shall comply to the Kenya Standard and be in accordance to the provisions set out in the Eighth Schedule. (m) (a) Licensees may blend bioethanol with premium motor spirit to produce gasohol. (b) The gasohol shall meet the requirements specified in the Kenya Standard KS 515. (c) Blending shall only be carried out at facilities licensed by the Authority in accordance with these regulations. (n) (a) Licensees may blend biodiesel with automotive gas oil (b) Pure biodiesel to be blended into automotive gasoil fuel shall meet specifications provided in Kenya Standard KS 2227. (c) The derivatives of the blended diesel shall have properties specified in the relevant Kenya Standard. (d) Blending shall only be carried out at facilities licensed by the Authority in accordance with these regulations. (o) A licensed person who wishes to import bioethanol shall submit an application for an import permit to the Authority. (p) The importation of bioethanol shall be subject to shortfalls in local production. PART V – REGISTER OF LICENCES, PROVISION OF DATA AND REPORTING OF ACCIDENTS (q) The Authority shall publish and maintain on its website a register of all licensees under these Regulations. (r) (a) A licensee shall submit data on biofuels to the Authority. The data shall include the following: - (i) Quantities of biofuels produced, imported, exported or sold (ii) List of biofuel dispensing outlets where applicable (iii) Details of biofuel product origin, destination or use (b) The Authority shall prescribe the format and time durations in which the data required under this part shall be provided. (c) A licensee shall maintain the records required under this part for a period of at least five years. (d) A licensee who provides, authorises or permits to provide misleading or false information to the Authority commits an offense and shall, upon conviction, be liable in accordance with the provision of Section 210 of the Act. (s) A licensee under these Regulations shall report to the Authority accidents and incidents pursuant to the provisions of Section 214 of the Act. PART VI – POWERS OF INSPECTION AND PENALTIES FOR CONTRAVENTION (t) The Authority or its agent may carry out inspection, in relation to the compliance with these regulations and in accordance with the provisions of Section 11 of the Act. (u) (a) Where the Authority finds that any provisions of these regulations have been contravened by a licensee or that a condition has arisen which may lead to the contravention of these regulations, the Authority may issue a compliance order. (b) An order issued under sub regulation 1 shall state: - (i) the specific provision(s) which has/have been or are likely to be contravened; (ii) the measures which should be taken to rectify the contravention; (iii) the potential consequences for non-compliance; and (iv) the period within which the order shall be complied with. PART VII – LOCAL CONTENT REQUIREMENTS (v) A Licensee under these regulations shall comply with local content requirements in accordance with the provisions of Section 206 of the Act. PART VIII – OFFENCES, FINES AND PENALTIES (w) A person who, without a permit or licence issued by the Authority, undertakes the construction of a biofuel facility, production, importation, exportation, transportation, storage, packaging, blending, distribution or sale of biofuels, commits an offence and shall, upon conviction, be liable to a fine as prescribed under Section 221 of the Act. PART IX - COMPLAINTS, DISPUTES AND APPEALS (x) Any complaints or disputes between parties under these regulations shall be referred to the Authority for resolution in accordance with the applicable regulations on complaints and disputes resolution. (y) Any person aggrieved by a decision or order of the Authority may appeal to the Energy and Petroleum Tribunal PART X - TRANSITION (z) Persons engaged in biofuels businesses before the publication of these regulations shall have one year to comply FIRST SCHEDULE (r. 6(2), 7(3)) APPLICATION FORM FOR CONSTRUCTION PERMIT The Director-General Energy and Petroleum Regulatory Authority P.O. Box 42681, 00100 GPO NAIROBI I/We ……………………………………………….............................. hereby apply for a construction permit in accordance with the Energy (Biofuels) Regulations 2025 for the production of; q Biogas q Biodiesel q Bioethanol (Please tick (ü) as appropriate) I/We commit to carry out the business in accordance with the Energy (Biofuels) Regulation 2025 applicable standards, guidelines and any rules and by-laws for the time being in force thereunder. Purpose of application New Applicationq Extension q (Please tick (ü) as appropriate) 1. Name of Applicant ………………………………………… 2. Details of applicant: (a) Income Tax Personal Identification Number: ……………….. 30th May, 2025 THE KENYA GAZETTE (b) Postal Address: ……………………………………… (c) Email Address: .......................................................... (d) Telephone number(s): ................................................ (e) LR/ Plot No………Building Name………………… (f) Street/: …………………………………………… (g) Town/County: ………………………………........... 3. Location of business premise(s) a) ………………………………………………… b) …………………………………………………….. c)................................................................................... (Insert additional lines as appropriate) 4. Give full details of proprietors or partners owning business or directors/shareholders of the company, as applicable. Name ……………… Nationality …………………….. …………………………….......... (Insert additional lines as appropriate) 5. State if you are or any of your partners/directors is adjudged bankrupt. (If so, indicate the names). (a) ……………………………………………… (b) …………………………………………….... (c) ........................................................................ (Insert additional lines as appropriate) 6. All applications shall be accompanied by copies of the following documents: (a) Copy of Business Name Registration Certificate or Certificate of Incorporation and Memorandum and Articles of Association in case of a company (whichever is applicable); (b) Form CR12 from the registrar of companies not older than 12 calendar months from the date of issue; (c) PIN certificate; (d) Valid tax compliance certificate from the Kenya Revenue Authority; (e) Copy of national identification document or passport for all directors; (f) Certified copy of a valid Work Permit for foreign directors working in Kenya or notarized declaration of non-residence for foreign directors not residing in Kenya; (g) Proof of occupancy of company’s office; (h) For the project site, provide proof of land ownership (copy of title deed in the name of company/director(s)) or In the case of long-term land lease, copy of duly executed lease agreement in the name of the Company; (i) Physical planning approval from the county physical planning office; (j) Environmental & Social Impact Assessment licence from NEMA specifically authorizing development of a Biofuels production facility; (k) A Feasibility Study to demonstrate the technical viability of the project; (l) Detailed Specifications and Layout Plans: (i) Mechanical engineer’s materials & design specifications and associated drawings / facility’s operation philosophy (product piping, above-ground tank(s), filling facility, water draw off fittings, high level alarm location, requirements for pump venting; etc) (ii) Civil engineer’s drawings (all civil works including drainage, Oil Water Separator, bund walls, tank pad/foundation, hard standing surfaces, internal service roads, structures etc) (iii) Fire suppression systems (firefighting water storage tanks and associated fittings, firewalls etc) which should be accompanied by calculations showing adequacy of the same. (iv) Electrical and Instrumentation & Controls engineer’s drawings (Hazardous area classification, distribution control systems (DCS), data logging systems, Piping and Instrument Diagrams (P &ID)) • Certified copies of Professional Registration Certificates for the engineers or professional firm(s) that have undertaken the designs in (l) and Feasibility Study in (k) above. DECLARATION I/We hereby, declare that the information I/we have provided in the application is true and accurate. I/We understand that it is an offence to give false information in an application for an approval. Signature of Applicant ………..……...Date…………………...…… Signature of Applicant ……………….Date ………………..……… Signature of Applicant …….…………Date …………………..…… SECOND SCHEDULE (r. 6(2), 10(2), 12(2)) PERMIT AND LICENSE FEES To obtain a construction permit for a biofuels production facility, the following fees shall apply Facility Application Fees (KSh.) Permit grant Fees (KSh.) Biogas 2,000 100 per cubic meter of per day production capacity Biodiesel 5,000 1,000 per kl of per day production capacity Bioethanol 5,000 1,000 per kl of per day production capacity To be licensed as a biofuels business, the following fees shall apply: Category of licence Application Fees (KSh.) Annual Licence Fees (KSh.) G 5,000 2,000 D 5,000 10,000 E 5,000 10,000 THIRD SCHEDULE (r. 7(1)) FORM OF CONSTRUCTION PERMIT THE ENERGY ACT, 2019 BIOFUELS FACILITY CONSTRUCTION PERMIT PERMIT NO. ……………………. Construction Permit is hereby granted to _____________________of P.O. Box _____________ to construct the following biofuels Facility (s): Construction of Biofuel Production Facility for ……………………. On premises situated at : ___________________________ Plot No. : ___________________________ Street/Market : ___________________________ Town/County : _________________________ This Permit expires on : _____________________ Dated this: ________________________________ Signature _________________________________ Director General Energy & Petroleum Regulatory Authority THE KENYA GAZETTE 30th May, 2025 Conditions: 1. The site shall be required to display the construction permit number conspicuously on the site; 2. engage only contractors who are licensed by the National Construction Authority for their class of work; 3. comply with the Environmental Impacts Mitigation Plan approved by the National Environment Management Authority; 4. comply with the Government policy on local content; 5. ……………………………………………….. FOURTH SCHEDULE (r. 10(2), 12(2), 13(2)) APPLICATION FORM FOR BIOFUELS BUSINESS LICENCE The Director General Energy and Petroleum Regulatory Authority P.O. Box 42681, 00100 GPO NAIROBI I/We ………………………………….…………................................... hereby apply for approval in accordance with the Energy (Biofuels) Regulations 2025 for a Biofuels licence of the following category; q Category D Licence which shall entitle the holder to engage in the production, importation, exportation, transportation, storage, packaging, blending, distribution or sale of biodiesel. q Category E Licence which shall entitle the holder to engage in the production, importation, exportation, transportation, storage, packaging, blending, distribution or sale of bioethanol. q Category G Licence, which shall entitle the holder to engage in the production, transportation, storage, packaging, distribution or sale of biogas. I/We intend to carry out the following line(s) of business q Production q Importation q Exportation q Transportation q Storage q Packaging q Blending q Distribution and Sale (Please tick (ü) as appropriate) I/ We commit to carry out the business in accordance with the Energy (Biofuels) Regulation 2025 applicable standards, guidelines and any rules and by-laws for the time being in force thereunder. Purpose of application New Application q Renewal q Modification q (Please tick (ü) as appropriate) 1. Name of Applicant ………………………………………… 2. Details of applicant: (a) Income Tax Personal Identification Number: ……… (b) Postal Address: …………………………………….. (c) Email Address: ........................................................... (d) Telephone number(s): .................................................. (e) LR/ Plot No…………………Building Name……… (f) Street/: ……………………………………………… (g) Town/County: ………………………………........... 3. Location of business premise(s) (a) ……………………………………………………… (b) ……………………………………………………… (c) .................................................................................... (Insert additional lines as appropriate) 4. Give full details of proprietors or partners owning business or directors/shareholders of the company, as applicable. Name Nationality …………………………………………………… …………………… ………………… ………………… …………………………………… (Insert additional lines as appropriate) 5. State if you are or any of your partners/directors is an un- discharged bankrupt. (If so, indicate the names). (a) ……………………………………………………..… (b) ……………………………………………..………… (c) ...................................................................................... (Insert additional lines as appropriate) 6. All applications shall be accompanied by copies of the following documents: (a) Copy of Business Name Registration Certificate or Certificate of Incorporation and Memorandum and Articles of Association in case of a company (whichever is applicable); (b) Form CR12 from the registrar of companies not older than 12 calendar months from the date of issue; (c) PIN certificate; (d) Valid tax compliance certificate from the Kenya Revenue Authority; (e) Copy of national identification document or passport for all directors; (f) Certified copy of a valid Work Permit for foreign directors working in Kenya or notarized declaration of non-residence for foreign directors not residing in Kenya; (g) Proof of occupancy of company’s office; 7. The following documents shall be provided for the specific line(s) of business: (a) Production (i) Feasibility study report (ii) Physical Planning Approval issued by the respective county government (iii) Proof of land ownership/lease agreement for the proposed production site (iv) A valid Environmental and Social Impact Assessment licence issued by the National Environment Management Authority for the facility (v) Layout Drawings of the facility (vi) A letter from the Kenya Bureau of Standards as proof of conformity assessment of the product against the applicable Kenya Standard (b) Importation and Exportation (i) A letter from the Kenya Bureau of Standards as proof of conformity assessment of the product against the applicable Kenya Standard (ii) Proof of availability of storage infrastructure for imported products 30th May, 2025 THE KENYA GAZETTE (iii) Proof of membership to Oil Spill Mutual Aid Group (OSMAG) for category D licenses (c) Transportation (i) A valid Motor Vehicle Inspection Certificate for each prime mover and trailer where applicable (ii) A copy of the Logbook for each prime mover and trailer (Attach a valid lease agreement if vehicle not in the name of the applicant) (iii) A list of vehicles; paired prime movers and trailers where applicable (iv) A valid calibration certificate issued by the Department of Weights and Measures for the tank mounted on each trailer where applicable (v) A Highway Emergency Response Plan (vi) Fire Clearance Certificate for the vehicle(s) issued by the respective County Fire Department (d) Storage (i) Fire Clearance Certificate for the facility issued by the respective County Fire Department (ii) A letter from the Kenya Bureau of Standards as proof of conformity assessment of the facility against KS EAS 976 for category D licenses. (iii) A valid copy of certificate of registration of work place issued by Department of Occupational Safety and Health Services (iv) A report by a Professional Mechanical Engineer on the designs and suitability of the material of the storage equipment, pipeline, metering system and dispensing equipment used (v) Valid certificate(s) of calibration of the tank(s) and metering system issued by the Department of Weights and Measures (vi) An Emergency Response Plan (vii) Proof of training of at least one (1) employee in the safe handling of flammable fuels from a National Industrial Training Authority approved institution (viii) A valid Environmental Impact Assessment licence issued by the National Environment Management Authority for the facility (e) Distribution and Sale (i) Fire Clearance Certificate for the facility from the respective County Fire Department; (ii) A valid copy of certificate of registration of work place issued by the Department of Occupational Safety and Health Services; (iii) A valid certificate of calibration for the storage tank(s) and metering equipment issued by the Department of Weights and Measures; (iv) A valid certificate of calibration of the biofuel dispensing units’ meters from the Department of Weights and Measures; (v) A pressure test report approved by the Department of Occupational Safety and Health Services for the biodiesel tanks and pipelines at the facility; (not older than 60 months); (vi) A letter from the Kenya Bureau of Standards as proof of conformity assessment of the product against the applicable Kenya Standard; (vii) Copy of Applicant’s customer complaint handling procedures; (f) DECLARATION I/We hereby, declare that the information I/we have provided in the application is true and accurate. I/We understand that it is an offence to give false information in an application for an approval. Signature of Applicant …………… Date ……………………. Signature of Applicant ……………… Date ………………… Signature of Applicant ……………… Date …………………… FIFTH SCHEDULE (r. 10(5)) BIOFUELS BUSINESS LICENCE LICENCE THE ENERGY (BIOFUELS) REGULATION 2025 BIOFUELS BUSINESS LICENSE CATAGORY (………..) License Number: ………………. This is to Certify that (NAME OF LICENSEE) of Tel/Mobile: P.O.Box Code Town Having duly complied with all the requirements of the above Regulations is hereby licensed to (Scope of licence) Issue and Expiry Date……. ……... Date Signature Director General Energy and Petroleum Regulatory Authority Terms & Conditions GENERAL CONDITIONS The license is valid for ……………….. calendar years as provided on the licence issued. 1. Application for licence renewal shall be made at least thirty (30) days before the license expiry date. 2. The licensee shall not transfer or otherwise divest any rights, powers or obligations conferred or imposed on him by the license without permission from the Energy and Petroleum Regulatory Authority. 3. The licensee, manufacturer or importer of consumer devices shall provide the Authority with information on 4. The licensee shall not carry out any work unless the license is valid. SIXTH SCHEDULE (r. 17) GENERAL PROVISIONS REGARDING BIOGAS BUSINESSES 1. Design and Construction. (a) In determining the size of a bio-digester the design shall take into account the available feedstock, the existing and any projected future biogas demand. (b) The amount of biogas consumption for basic applications shall be as specified in KS 2566-1. (c) Site selection for domestic and commercial biogas plants shall be determined by the criteria specified in KS 2566-1and KS 2951 respectively. (d) The materials used in the construction of biogas plants should withstand the chemical conditions of the feedstock and effluent, weather conditions, corrosion and the weight of the structures. (e) The design of biogas plants shall take into account cost optimization and safety consideration. The design considerations for domestic and commercial THE KENYA GAZETTE 30th May, 2025 systems are specified in KS 2566-1 and KS 2951 respectively. (f) The project proponent shall undertake a risk assessment and an evaluation based on occupational health and technical aspects of the biogas project, as required by KS 2566-1 and KS 2951, prior to the construction of a biogas plant. (g) A biogas plant supplier shall avail to the system owner documentation regarding: (i) Overall description of the plant (ii) Applicable construction and technical drawings (iii) Operation manual for each component of the biogas plant (iv) Manual for whole plant operation including action for unplanned situations (v) Safety documents (vi) Operation guidelines (vii) Start up/normal operation/shut-down (h) The sizing and layout of biogas plant components such as; inlet tank, piping, digester, gas chamber, outlet tank, fitting and accessories shall be as specified in KS 2566-1, KS 2566-2, KS 2566-3 and KS 2951. (i) The design, construction and installation of biogas plants shall be undertaken by suitably qualified personnel as per the requirements provided in KS 2566-1, KS 2566-2, KS 2566-3and KS 2951. (j) At the end of the construction of domestic and commercial biogas plants, testing, commissioning, operation and maintenance shall be undertaken as per by KS 2566-1 and KS 2951 respectively. (k) The biogas installer shall provide a workmanship guarantee of at least one (1) year and after sales services. The guarantee for the biogas components shall be as per the manufacturers’ specifications. 2. Distribution (a) A biogas reticulation system shall conform to the provisions of the relevant Kenya Standard and be operated in accordance with these guidelines. (b) The operator of a biogas reticulation system shall obtain, maintain and safeguard wayleaves or rights of way where the pipeline and incidental installation will be located. (c) A design for a biogas reticulation system shall incorporate environmental, health and safety standards, and shall be certified by a Professional Mechanical Engineer. (d) Each consumer outlet shall have a separate and functional metering system approved by the Department of Weights and Measures. (e) The unit of sale of biogas to consumers in a biogas reticulation system shall be in cubic metres. (f) The biogas shall consist of at least 60% methane and at most 1% hydrogen sulphide by volume. (g) The operator of a biogas reticulation system shall maintain an accidents and complaints register. (h) A notification of an accident or incident shall be submitted to the Authority within 48 hours of its occurrence. The respective investigation reports shall be submitted to the Authority within 14 days. (i) The operator of a biogas reticulation system shall enter into a service contract with each biogas consumer. The service contract shall include the following details:- (i) name, address and telephone number of the operator and the biogas consumer; (ii) rights and obligations of the parties; (iii) emergency response plan; (iv) billing period and the mode of payment; (v) charge per cubic metre and the cost breakdown thereof; and (vi) dispute and complaints handling procedures. (j) The operator of a biogas reticulation system shall maintain records of volume, in cubic metres, of all the biogas supplied. 3. Waste Management The management of waste and emissions from domestic and commercial biogas plants shall be carried out as specified in KS 2566-1 and KS 2951, respectively and as per environmental laws and regulations. SEVENTH SCHEDULE (r. 18) GENERAL PROVISIONS REGARDING BIODIESEL BUSINESSES 1. Packaging Except when transported in bulk, the biodiesel shall be packed in sound, clean, dry drums not affected by the biodiesel. The drums shall be so closed that leakage and contamination of the biodiesel is prevented during normal handling and transport. 2. Blending requirements for biodiesel: Pure biodiesel to be blended into automotive gasoil fuel shall meet specifications provided in Kenya Standard KS 2227. The derivatives of the blended diesel shall have properties specified in the relevant Kenya Standard. 3. Branding and Labeling Pumps and dispensing equipment used for sale of biodiesel shall be clearly marked and labeled to distinguish them from pumps dispensing pure diesel. For labeling purposes, the following information shall appear in prominent, legible and indelible marking: (a) The manufacturers’/suppliers’ name; (b) Brand name of the product; (c) A description of the product; (d) Batch identification; and (e) Quantity of the contents The aforementioned information shall be indicated on each drum. In the case of biodiesel filled in bulk storage tanks or bulk carriers, the information shall be indicated on the storage and consignment documents of each bulk carrier. EIGHTH SCHEDULE (r. 19) GENERAL PROVISIONS REGARDING BIOETHANOL BUSINESSES 1. Safety Requirements The supplier of bioethanol fuel and appliance shall provide end-user training, written instructions and warnings on; safe use, assembly, maintenance and operation, as applicable. These instructions and warnings shall be in English or Kiswahili with sufficient pictograms for comprehension. 2. Blending The derivatives of the blended gasohol shall have properties specified in the relevant Kenya Standard. 3. Appliances for cooking and heating Ethanol fueled cooking appliances shall meet the requirements specified in KS 2759. 30th May, 2025 THE KENYA GAZETTE 4. Labeling § Bioethanol fuel, Labeling of bioethanol fuel shall be in accordance with the requirements given in KS 2838. The label shall include the following; (a) Name of product (b) Name and address of manufacturer (c) Net contents (d) Name(s) of denaturant (e) Batch/lot number (f) Minimum ethyl alcohol content (g) Year of manufacture (h) Country of origin (i) The words “highly poisonous” and “highly flammable” § Bioethanol Appliances Each bioethanol appliance shall contain the following information, legibly and indelibly marked, in an easily identifiable position; (a) The name or trademark of the manufacturer and the country of origin; (b) The manufacturer’s model name and type number; (c) The manufacturer’s batch number; (d) The words “USE ETHANOL GEL ONLY” or USE LIQUID ETHANOL ONLY” and; (e) On and off marking The information shall either be imprinted directly on the appliance surface, on an acceptable nameplate or on a heat-resistant sticker attached to the surface. LEGAL NOTICE NO. ………… THE ENERGY ACT (No. 1 of 2019) ENERGY AND PETROLEUM REGULATORY AUTHORITY CALL FOR COMMENTS ON THE DRAFT ENERGY (RENEWABLE ENERGY RESOURCE) REGULATIONS, 2025 AND DRAFT REGULATORY IMPACT STATEMENT The Energy and Petroleum Regulatory Authority (the Authority) is Kenya’s energy sector regulatory agency established under the Energy Act, 2019, and is responsible for the technical and economic regulation of the Electricity, Renewable Energy and Petroleum subsectors in Kenya. The Authority has developed the Draft Energy (Renewable Energy Resource) Regulations, 2025 together with the associated Draft Regulatory Impact Statement. The purpose of the regulations is to promote investment in renewable energy by providing a framework for permitting exploration of renewable energy resources and licensing of geothermal exploitation. Stakeholders are requested to review the aforementioned documents and provide feedback that will be considered for incorporation in the regulations that will be Gazetted. Your written comments on the Draft Energy (Renewable Energy Resource) Regulations, 2025 and the draft Regulatory Impact Statement using the prescribed public comments form on the Authority’s website, may be submitted to reach the undersigned not later than thirty (30) days from the date of publication of this notice. The memoranda marked “PUBLIC COMMENTS ON DRAFT RENEWABLE ENERGY RESOURCE REGULATIONS” can be hand delivered to the Authority offices or sent by email to renewableenergy@epra.go.ke. After the expiry of the thirty (30) day period for the submission of written memoranda, the Authority shall organize stakeholder consultation workshops. To express interest to participate in the consultative meetings, email:- renewableenergy@epra.go.ke or call: 0709336000. Details of the meetings shall also be available on the Authority’s website. A copy of the draft Regulatory Impact Statement is available on the Energy and Petroleum Regulatory Authority’s website www.epra.go.ke Director General The Energy and Petroleum Regulatory Authority 1st Floor, Eagle Africa Centre, Longonot Road, Upper Hill P.O. Box 42681-00100 GPO, Nairobi, Kenya Telephone: 0709336000 Website: www.epra.go.ke THE ENERGY ACT (No. 1 of 2019) IN EXERCISE of the powers conferred by sections 73-90; 171; 181 and 208 of the Energy Act, 2019, the Cabinet Secretary for Energy makes the following Regulations:- THE ENERGY (RENEWABLE ENERGY RESOURCES) REGULATIONS, 2025 PART I – PRELIMINARIES 1. These Regulations may be cited as the Energy (Renewable Energy Resources) Regulations, 2025. 2. These regulations shall apply to persons involved in the exploration and use of wind, hydro, geothermal and marine resources for purposes of energy production. 3. In these Regulations, unless the context otherwise requires — “Act” means the Energy Act,; “Authority” means the Energy & Petroleum Regulatory Authority established under section 9(1) of the Act; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for energy; “licence” means geothermal resource licence as defined in the Act; “permit” means a document issued by the Cabinet Secretary granting official permission to any person for exploration of renewable energy resources; “person” means a natural or juridical person; “renewable energy resource” means non-fossil energy generated from natural non-depleting resources including wind energy, hydro energy, geothermal energy and ocean and tidal energy. “Tribunal” means the Energy and Petroleum Tribunal established under the Act. PART II – General Provisions 4. (1) The vesting of unexploited renewable energy resources shall be as defined in section 73 of the Act. (2) A person may undertake renewable energy commercial activities either on, through, over or under any public, community or private land subject to the provisions of section 171 of the Act and any other relevant written law. (3) The operation of renewable energy projects shall be as per the provisions of the Grid Code and other applicable Laws and guidelines PART III – Permit for Exploration of Renewable Energy Resources 5. (1) A person shall not undertake the exploration of a renewable energy resource unless through a permit issued by the Cabinet Secretary. (2) Exploration for a renewable energy resource may be THE KENYA GAZETTE 30th May, 2025 in an area declared as an energy resource area as defined in Section 181 of the Act or any other part of the country. 6. (1) An application for exploration permit shall be made electronically or in any other manner that the Cabinet Secretary may, from time to time, prescribe and shall be in the form set out in First Schedule and accompanied by proof of payment of the application fees set out in the Second Schedule. (2) Before making an application in sub regulation 1, the person intending to make an application shall give fifteen days’ notice, by public advertisement, in at least two newspapers of nationwide circulation, in the form set out in the Third Schedule 7. (1) Any objections to the grant of a permit as a result of the public notice issued under Regulation 6(2) shall be submitted not later than thirty days after the date of the public notice. (2) Where the Cabinet Secretary receives an objection to the grant of a permit, he shall request the applicant to address, in writing, the issues raised in the objection within fifteen days. (3) The Cabinet Secretary may hear any objections in public, at a time and place of which not less than fifteen days’ notice shall be given to the applicant and to every objector and the Cabinet Secretary shall make known their decision regarding any objection within thirty days after the hearing. 8. (a) The Cabinet Secretary shall, within fifteen days of receipt of an application for an exploration permit, inform the applicant if the application is complete. (b) The Cabinet Secretary shall, in granting or rejecting an application for an exploration permit, consider— (i) availability of the proposed exploration site; (ii) output of consultation with the relevant county government, local communities or any other relevant government agency; (iii) the impact of the undertaking on the social, cultural or recreational life of the community; (iv) land use or the location of the undertaking; (v) economic and financial benefits to the country or area of supply of the undertaking; (vi) the economic and energy policies in place at the time; (vii) that the contractual rights, privileges, liabilities and obligations accrued to an existing licensee or any other person are not materially adversely affected; (viii) the cost of the undertaking and financing arrangements; (ix) the ability of the applicant to operate in a manner designed to protect the health and safety of its employees and users of the service for which the permit is required and other members of the public who would be affected by the undertaking; (x) the technical and financial capacity of the applicant to undertake the exploration for which the authority is required; (xi) any representations or objections in regulation 7(1); and (xii) any other matter that the Cabinet Secretary may consider likely to have a bearing on the undertaking. • Where an application for an exploration permit is declined, the Cabinet Secretary shall inform the applicant in writing the reasons for the decline. • Where the Cabinet Secretary approves the application, the approval shall grant the applicant site exclusivity for the period of the permit. • A holder of an exploration permit shall within sixty (60) days of expiry of the permit or at the end of the exploration submit an exploration report to the Cabinet Secretary. The report shall include an appraisal of the resource in the resource area. • A holder of the permit shall have the first right of exploitation of a feasible resource. • A holder of a permit under these regulations, who intends to utilize the resource shall obtain the applicable approvals. • Where the resource in sub regulation (7) is geothermal, the holder of the permit shall obtain a geothermal resource license. PART IV – Geothermal Resource Licence 9. (a) A person shall not undertake the extraction of geothermal energy resource unless he is licensed by the Cabinet Secretary. (b) An application for a licence for extraction of geothermal energy resource shall be made electronically or in any other manner that the cabinet secretary may from time to time prescribe and shall be in the form set out in Fourth Schedule. (c) The Cabinet Secretary may call for such additional information as he may require under these Regulations to enable him to assess the suitability of the grant of a geothermal resources licence. (d) A person applying for the licence shall as part of the application include a proposal on benefit sharing during the exploitation of the resource. (e) The Cabinet Secretary shall, in granting or rejecting an application for a licence do so in an open, competitive and transparent manner subject to Section 80 of the Act and consider -- (a) output of consultation with the relevant county government local communities or any other relevant government agency; (i) the impact of the undertaking on the social, cultural or recreational life of the community; (ii) land use or the location of the undertaking; (iii) economic and financial benefits to the country or area of supply of the undertaking; (iv) the economic and energy policies in place from time to time; (v) that the contractual rights, privileges, liabilities and obligations accrued to an existing licensee or any other person are not materially adversely affected; (vi) prescribe adequate buffers between different licensed areas to safeguard subsurface resource interference. Such a buffer shall be at least one kilometer; (vii) the cost of the undertaking and financing arrangements; (viii) the ability of the applicant to operate in a manner designed to protect the health and safety of its employees and users of the service for which the license is required and other members of the public who would be affected by the undertaking; (ix) the technical and financial capacity of the applicant to render the service for which the authority is required; and 30th May, 2025 THE KENYA GAZETTE (x) any other matter that the Cabinet Secretary may consider likely to have a bearing on the undertaking. (xi) Where an application for a geothermal resource licence is declined, the Cabinet Secretary shall inform the applicant in writing the reasons for the decline. PART V – General Provisions Regarding Permits And Licences 10. The Cabinet Secretary shall process all materially complete applications and communicate the outcome in writing and in any event no later than— (a) Sixty (60) days from the date of receipt of an application for an exploration permit or a geothermal resource license; (b) Thirty days (30) from the date of receipt of an application for renewal of an exploration permit; and (c) Six (6) months from the date of receipt of an application for renewal of a geothermal resource license. 11. (a) A permit issued under these Regulations shall be valid for a period of two (2) years but may be renewed for a period of one year from the date of expiration thereof or from the expiration of any renewal. (b) The Cabinet Secretary shall issue a geothermal resource license in the form set out in the Fifth Schedule. (c) A geothermal resource licence issued under these regulations shall be valid for a period not exceeding thirty (30) years. 12. (a) The holder of a geothermal resource license shall pay a royalty as set out in Section 85 of the Act. (b) The value of geothermal resources shall be computed using the method set out in the Sixth Schedule. 13. (a) The holder of a permit may apply for renewal to the cabinet secretary, as set out in Section 79 (4) of the Act. (b) An application for renewal of a permit shall be made at least sixty (60) days before the expiry of the current permit. (c) An application for renewal of a permit under these regulations shall be made electronically or in any other manner that the Cabinet Secretary may from time to time prescribe and shall be in the form set out in First Schedule and proof of payment of the renewal fees set out in the Second Schedule. 14. (a) The holder of a geothermal resource license may apply for renewal to the Cabinet Secretary, as set out in Section 82 of the Act. (b) An application for renewal of a geothermal resource license shall be made at least twelve (12) months before the expiry of the current license. (c) An application for renewal of a geothermal resource licence under these regulations shall be made electronically or in any other manner that the Cabinet Secretary may from time to time prescribe and shall be in the form set out in Fourth Schedule. 15. (a) A permit granted under these regulations shall not be transferable (b) A licensee shall not transfer or assign the licence or any part thereof without the written consent of the Cabinet Secretary. 16. (a) A permit may be deemed to have been forfeited under the terms and conditions as set out in Section 79 (5) of the Act. (b) A license may be deemed to have been forfeited under the terms and conditions set out in Section 84 of the Act 17. (a) Information of a proprietary nature provided to the Cabinet Secretary by a holder of a permit or licensee shall be kept confidential and shall not be disclosed except with the written consent of the permit holder or licensee, which consent shall not be unreasonably withheld. (b) Notwithstanding the provisions of sub regulation (1), the Cabinet Secretary may use any such information for the purpose of preparing and publishing reports and returns required by law, and surveys of a general nature. (c) The Cabinet Secretary may publish any such information which relates to a surrendered area at any time after the surrender. 18. The Cabinet Secretary shall publish and maintain registers of- (a) Renewable energy resources maps and resource areas; (b) Permits and licenses issued under these Regulations; (c) Renewals, extensions, surrenders and forfeitures of authorities and licences; and (d) Open renewable energy resource areas. 19. A holder of a permit or licence under these Regulations shall comply with local content requirements in accordance with the provisions of Section 206 of the Act. 20. A holder of a permit or licence shall comply with all the applicable health, safety, and environmental laws 21. (a) The holder of a permit or licence under these regulations shall submit to the Cabinet Secretary, by the end of the first quarter of every calendar year, a report in respect of the previous year, specifying the milestones, the results obtained and compliance to local content requirements (b) The holder of a permit for geothermal exploration shall, in addition to the information in sub regulation (1), submit a report that shall contain at a minimum— (i) the methods and equipment deployed; (ii) the geoscientific findings relevant to exploration for geothermal resource; (iii) surface or subsurface data acquired during the studies; (iv) interpretations and conclusions drawn; and (v) a copy of the logs relating to the bore. This report shall be submitted at the end of each stage of geoscientific operations and at the end of every boring operation. (c) The holder of a licence under these regulations shall submit to the Cabinet Secretary, by the end of the first quarter of every calendar year, a report in a format and manner prescribed by the Cabinet Secretary that contains at a minimum— (i) The quantities of geothermal fluids extracted and any subsequent variations of their physical characteristics; (ii) The quantities of geothermal fluids delivered for consumption; (iii) The amount of energy transmitted to cables from power stations; (iv) The quantities of commercial products, if any, extracted from geothermal fluid, the quantities delivered for consumption and the end of month stocks; (v) Compliance to local content requirements (d) The Cabinet Secretary may demand any such additional information or data as may deem necessary to establish prudent operating practice, reservoir management and sustainability of geothermal resources. THE KENYA GAZETTE 30th May, 2025 (e) A licensee shall, at his own cost, cause the annual accounts to be examined and audited by independent auditors and submit the audited accounts to the Cabinet Secretary by the end of the first quarter of every calendar year 22. A holder of a permit or license shall notify the Cabinet Secretary and the Authority of any accident or incident within forty eight hours of the incident or accident in accordance with section 214 of the Act. 23. The offences and penalties specified in sections 90, 118, 168, 169, 210, 219, 220 and 221 of the Act shall apply to these Regulations. 24. Any person aggrieved by a decision or Order under these Regulations may appeal to the Tribunal in accordance with section 80 (7) of the Act. 25. Upon coming to effect of these regulations— (a) the existing exploration permits and licences shall be valid for the remainder of their term; (b) geothermal royalty amounts payable by the licensee shall be as prescribed in the licence; (c) the holders of permits and licenses shall be required to comply with the other requirements of these Regulations. FIRST SCHEDULE (r. 6(1), r.13(3)) RENEWABLE ENERGY EXPLORATION PERMIT APPLICATION FORM Instructions to Applicants, The Cabinet Secretary, Ministry of Energy. P.O. Box 30582-00100, NAIROBI. I/We…………………………………………………………………… ……………………………… Hereby apply for the renewable energy resource exploration permit and commit to comply with all laws and regulations applicable in Kenya including those regarding use of such resources. Type of application (New, Amendment or Renewal)……………………………………………….. A. Applicants Details Name of Applicant: ………………………………………………... …………………………………………... …………………………………………... ……………………………………………... Main Office Physical Address: Building Name……………………………… LR/Plot No…………………………………… Street/: …………………………………… Town/County: ………………………........... Postal Address: ……………………………………….. ………………………………………... Website (where available): ……………………………………………….. ………………………………………………... Telephone/Mobil e Number: …………………………………………….. Email Address: ……………………………………………….. ………………………………………... ………………………………………... Incorporation/reg istration certificate number (Attach Copy) ………………………………………... Income tax registration (PIN) certificate number (Attach Copy) …………………………….........………… Description of Applicant’s business activities ……………………………………………… ………………….........……………………… ……………………………………….…......... ……………………………………………… …………..….........…………………………… Description of experience in exploration and resource development ……………………………………………… ………………….........……………………… …………………………………………......... ……………………………………………… …………….........…………………………… B. Details of the Contact Person (Details of person to whom correspondence or enquiries concerning the application should be directed) Name: …………………………………………….. ……………………………………………... Position Held: …………………………………………….. ………………………………………... Mobile Number: ……………………………………………….. …………………………………………... Email: …………………………………………….. ……………………………………………... 1. REGISTRATION DETAILS OF THE APPLICANT (Check the relevant option) Sole Proprietorship Partnership Public Limited Company Private Limited Company Cooperative Society Other (Specify)………………………………… 2. OWNERSHIP DETAILS (Give full details of proprietors or partners owning business or directors/shareholders of the company, as applicable) Name Nationality Share Capital ……………………. …………………………… …………………. ……………………. …………………………… ……………….. …………………… …………… ……………….. (Insert additional lines as appropriate) State if you are or any of your partners/directors is an un- discharged bankrupt. (If so, indicate the names) a) …………………………………………………………… b) ………………………………………………………….... c).................................................................................................. 30th May, 2025 THE KENYA GAZETTE (Insert additional lines as appropriate) 3. PROPOSED EXPLORATION AREA 3.1. Site of exploration area (Village, Sub-County, County and Landmark………………………………………………… ………………………………………………………… 3.2. Delineation of the area or areas proposed to be covered by the exploration …………………………………………………………… ………………………………………………………… 3.3. Global Positioning System Co-ordinates of the exploration area (decimal format) ……………………………………………………………… ……………………………………………………………… ………………………………………………… 3.4. Nearest landmark ……………………………………………………………… ……………………………………………………………… ……………………………………………………… 3.5. Socio-demographic and economic characteristics of the site(Population, number of households, businesses, institutions, households main source of energy, main economic activities) ……………………………………………………………… ………………………………………………………… 3.6. Resource Technology Description and Capacity Wind Hydro Geothermal Marine Other Total 3.7. Availability of land for the project (Land Ownership; private, public and site accessibility) ……………………………………………..……………… ……………..…………………………………………….. ……………………………………………..……………… 3.8. Source of financing for Exploration(Debt, equity, grant, other) (Attach Audited accounts) ……..……………………………………………..……… 3.9. Is approval issued under the Public Private Partnership Act, 2013(Yes/No) ……..……………………………………………..…… If Yes, Attach evidence 3.10. Is the project approved by Host County Government(Yes/No) If Yes, Attach evidence 3.11. Expected date of commencement of exploration…………………………………………….. 3.12. Estimated Total exploration costs……………………KSh. DOCUMENTATION AND INFORMATION TO ACCOMPANY APPLICATION FORM 1. Certified copy of the certificate of incorporation or business registration certificate. 2. Certified copy of form CR 12 from registrar of companies or CR 13 from the Business Registration Service that is not older than 12 calendar months from the date of issue. 3. Certified copies of identification documents (National Identification Card or Passports) for all the company's directors. 4. Certified copy of a valid Work Permit Class "G" for foreign directors working in Kenya or notarized declaration of non- residence for foreign directors not residing in Kenya. 5. Copy of PIN Certificate. 6. Copy of a valid tax compliance certificate. 7. A full statement giving the applicant’s financial status including at least the past three years audited financial statements, bank statement(s), credit report and proposed financing arrangements. 8. Proof of previous experience in exploration 9. Proof of technical capacity to undertake exploration including the proposed methodology for exploration. a) DECLARATION BY THE APPLICANT I/we hereby declare that the information provided in this application is true to the best of my/our knowledge. Dated this ………………………day of ……………….20……… Name ………………………………………………………….. Title………………………………………………………………. Signature………………………………………………………………. For Official Use Only Project Reference Number Date of submission of application Date of receipt of application Application form complete? Yes No Date of review Decision of Review Approved Rejected Date of Response to the Applicant SECOND SCHEDULE (r. 6(1), 13(3)) EXPLORATION PERMIT FEES AND GEOTHERMAL RESOURCE ROYALTIES License Activities Application Fees (KSh.) Renewal License Fee (KSh.) Exploration Permit Exploration (wind energy, hydro energy and ocean and tidal energy) Resource energy areas (exploitation rights for solar energy, wind energy, hydro energy and ocean and tidal energy) 2,000.00 50,000.00 Geothermal Resource License Developers required to pay royalties as per existing laws THIRD SCHEDULE (r. 6(2)) THE ENERGY ACT, 2019 (Insert name of the Applicant) THE KENYA GAZETTE 30th May, 2025 APPLICATION FOR PERMIT FOR EXPLORATION OF RENEWABLE ENERGY RESOURCES (state the renewable energy resource) NOTICE is hereby given that (Name of Applicant), having its registered office at (registered office and postal address) in the Republic of Kenya, (“the Applicant”), pursuant to the provisions of Section 171 of the Energy Act, 2019, will on (proposed date of application), make an application to the Cabinet Secretary, Ministry of Energy and Petroleum for a permit for Exploration of Renewable Energy Resources for (state the renewable energy resource). (Describe the purpose, location, renewable energy resource and method of exploration). The grant of the permit will not have adverse effect on any Public or Local Authorities, Companies, persons or bodies of persons within the areas of the undertaking. A copy of the application (subject to confidentiality considerations) will be available (once lodged) for inspection by the public at the registered office of the applicant. Any public or local authority, company, person or body of persons desirous of making any representation on or objection to the application must do so by a letter addressed to the Cabinet Secretary and marked on the outside of the cover enclosing it "Renewable Energy Resource Permit Objection", on or before the expiration of Thirty (30) days from the date of application as stated in the notice and a copy of such representation or objection shall be forwarded to the applicant. Dated ________________________________________ Name………………………………………………………………….. Title of applicant’s representative FOURTH SCHEDULE (r. 9(2), 14(3)) GEOTHERMAL ENERGY EXTRACTION LICENCE APPLICATION FORM Instructions to Applicants: The Cabinet Secretary Ministry of Energy P.O. Box 30582-00100 NAIROBI I/We…………………………………………………………… Hereby apply for the geothermal energy resource extraction licence and commit to comply with all laws and regulations applicable in Kenya including those regarding use of such resources. Type of application (New, Amendment or Renewal)………………….. C. Applicants Details Name of Applicant: ……………………………………………… ……………………………………………… ……………………………………………… ……………………………………………… Main Office Physical Address: Building Name……………………………… LR/Plot No…………………………………… Street/: …………………………………… Town/County: ………………………........... Postal Address: ……………………………………………… ……………………………………………… Website (where available): ……………………………………………… ……………………………………………… Telephone/Mobil e Number: ……………………………………………… Email Address: ……………………………………………… …………………………………………… ……………………………………………… Incorporation/reg istration certificate number (Attach Copy) …………………………………………… Income tax registration (PIN) certificate number (Attach Copy) ……………………………………………… Description of Applicant’s business activities ……………………………………………… ………………….........……………………… ……………………………………….…......... ……………………………………………… …………..….........…………………………… Description of experience in extraction and resource development ……………………………………………… ………………….........……………………… …………………………………………......... ……………………………………………… …………….........……………………… D. Details of the Contact Person (Details of person to whom correspondence or enquiries concerning the application should be directed) Name: ……………………………………………… …………………………………………… Position Held: ……………………………………………… ……………………………………………… Mobile Number: ……………………………………………… ……………………………………………… Email: ……………………………………………… ……………………………………………… 4. REGISTRATION DETAILS OF THE APPLICANT (Check the relevant option) Sole Proprietorship Partnership Public Limited Company Private Limited Company Cooperative Society Other (Specify)………………………………… 5. OWNERSHIP DETAILS (Give full details of proprietors or partners owning business or directors/shareholders of the company, as applicable) Name Nationality Share Capital …………………………… ……………………. ……………………………………….. …………………… (Insert additional lines as appropriate) State if you are or any of your partners/directors is an un- discharged bankrupt. (If so, indicate the names) a) ………………………………………………………………… b) ………………………………………………………………… 30th May, 2025 THE KENYA GAZETTE c).................................................................................................. (Insert additional lines as appropriate) 6. PROPOSED EXTRACTION AREA 6.1. Site of exploration area (Village, Sub-County, County and Landmark) ……………………………………………………………… ……………………………………………………………… …………………………………………………… 6.2. Delineation of the area or areas proposed to be covered by the exploration …………………………………………………………… …………………………………………………………… ………………………………………………………… 6.3. Global Positioning System Co-ordinates of the exploration area (decimal format) ……………………………………………………………… ……………………………………………………………… …………………………………………………… 6.4. Nearest landmark ……………………………………………………………… ……………………………………………………………… …………………………………………………… 6.5. Socio-demographic and economic characteristics of the site(Population, number of households, businesses, institutions, households main source of energy, main economic activities) ……………………………………………………………… ……………………………………………………………… …………………………………………………….. 6.6. Generation Capacity 6.7. Availability of land for the project (Land Ownership; private, public and site accessibility) ……………………………………………..……………… ……………………………..……………………………… ……………..…………………………………………….. ……………………………………………..……………… Source of financing for Exploration(Debt, equity, grant, other) (Attach Audited accounts) ……..……………………………………………..………I s approval issued under the Public Private Partnership Act, 2013(Yes/No) ……..……………………………………………..……… If Yes, Attach evidence 6.8. Is the project approved by Host County Government(Yes/No) If Yes, Attach evidence 6.9. Expected date of commencement of exploration………… 6.10. Estimated………………Total exploration costs………….…………KSh. DOCUMENTATION AND INFORMATION TO ACCOMPANY APPLICATION FORM 1. Certified copy of the certificate of incorporation or business registration certificate. 2. Certified copy of form CR 12 from registrar of companies or CR 13 from the Business Registration Service that is not older than 12 calendar months from the date of issue. 3. Certified copies of identification documents (National Identification Card or Passports) for all the company's directors. 4. Certified copy of a valid Work Permit Class "G" for foreign directors working in Kenya or notarized declaration of non- residence for foreign directors not residing in Kenya. 5. Copy of PIN Certificate. 6. Copy of a valid tax compliance certificate. 7. A full statement giving the applicant’s financial status including at least the past three years audited financial statements, bank statement(s), credit report and proposed financing arrangements. 8. Proof of previous experience in exploration 9. A statement of the applicant’s technical competence including, Curriculum Vitae of key personnel, company profiles and experience for the past five (5) years 10. Details of expected infrastructure requirements. b) DECLARATION BY THE APPLICANT I/we hereby declare that the information provided in this application is true to the best of my/our knowledge. Dated this ………………day of …………………….20……… Name ………………………………………………………….. Title…………………………………………………………. Signature……………………………………………………………. For Official Use Only Project Reference Number Date of submission of application Date of receipt of application Application form complete? Yes No Date of review Decision of Review Approve d Reject ed Date of Response to the Applicant FIFTH SCHEDULE (r. 11(2)) FORM OF GEOTHERMAL RESOURCE LICENCE MINISTRY OF ENERGY AND PETROLEUM ENERGY ACT (No 1 of 2019) THE ENERGY (RENEWABLE ENERGY RESOURCES) REGULATIONS, 2024 Geothermal Resource Licence No. …./20YY This Geothermal Resources Licence is granted this …………. day of …………..…..20YY by the Government of the Republic of Kenya (hereafter referred to as the “Government” ) represented for the purpose of this Licence by the Cabinet Secretary in charge of Energy and Petroleum (hereafter referred to as the “Cabinet Secretary”) of P.O. Box 30582- 00100, Nairobi to ………………………. , a limited liability company incorporated under the laws of Kenya and having a registered place of Business at …………………………….. (hereafter referred to as the “Licensee” which expression includes its successors) pursuant to the Energy Act, 2019 (the “Act”) and the Energy (Renewable Energy Resource) Regulations, 2024 (the “Regulations”). 1. The Licensee is hereby granted the following exclusive rights: (a) The right and privilege to enter and explore, drill for, extract, produce, utilize and dispose of geothermal steam and associated geothermal resources in or under the land described in Appendix I and shown on the map set forth in Appendix II hereof (the “Licence Area”). THE KENYA GAZETTE 30th May, 2025 (b) The right to construct or erect and use, operate and maintain within the Licence Area, together with ingress and egress there upon all wells, pumps, pipes, pipelines, buildings, plants, sumps, brine pits, reservoirs, tanks, waterworks, pumping stations, roads, electric power generating plants, transmission lines, industrial facilities; electric, telegraph or telephone lines or cables and such other works and structures and to use so much of the surface of the land within the Licence Area as may be necessary or convenient for the production, utilization and processing of geothermal resources or for the full enjoyment of the rights granted hereunder, subject to compliance with all applicable laws and regulations. (c) In so far as it may be necessary for and in connection with the operations described in this Licence, the right to: (i) drill and construct all necessary boreholes; (ii) erect, construct and maintain houses and buildings for the Licensee’s own use and for use by the Licensee’s employees; (iii) erect, construct and maintain plant, machinery, buildings and other erections as may be necessary; (iv) utilize the geothermal resources; (v) subject to the Water Act 2016, reclaim and utilize any water; and (vi) construct and maintain roads and other means of communication and convenience; subject to compliance with the Environment Management and Co-ordination Act, 2015, the Energy Act, 2019 and all other applicable laws and regulations (d) The rights to take, use, sell or apply the geothermal resources for the purpose of generating electric power, at any power station(s) to be erected upon the Licence Area, under Power Purchase Agreement(s) to be made between the Licensee, and/or an affiliate of the Licensee approved by the Authority, and the off taker. For the purposes of this sub-clause 1(d), “affiliate” shall mean an entity that directly or indirectly owns, is owned by or is under common ownership with the Licensee, and as used in this definition, “own” shall mean the possession, directly or indirectly, of any equity interests in or voting rights in such entity” “Off taker” shall mean any entity authorized to enter into a power purchase agreement with the Licensee. (e) The rights to take, use, sell or apply the geothermal resources for the purpose of direct uses, at any facilities to be erected upon the Licence Area 2. The rights granted shall be for a term of thirty (30) years from the date hereof and such term may be renewed at the option of the Licensee, for one further period of five (5) years; provided the licensee has complied with all the terms hereof; and provided that the Cabinet Secretary shall in granting the Licence, allow an exploration phase of a period not exceeding three years and if at the end of that period no geothermal resource of potential commercial interest is discovered the Cabinet Secretary may require the Licensee to surrender the Licence Area. 3. The Licensee shall: (a) Conduct geothermal surface exploration in the Licence Area for a period of three (3) years commencing the date of issuance of this Licence. (b) Carry out development of the power station(s) or direct use facilities in a period of three (3) years, which includes construction, and commissioning, starting from the end of the three (3) years geothermal exploration period under (a). (c) Mount the first development plan to target generating capacity of …….. MW of electrical power or thermal energy of …….MW (thermal) or the maximum economically available as defined by a Board of Consultants hired by the Cabinet Secretary through competitive sourcing as per applicable law, under Terms of Reference (ToRs) proposed by the Licensee and approved by the Cabinet Secretary, and paid for by the Licensee, before the end of the three (3) years geothermal exploration period under (a). (d) Bear the costs of any consultancy relating to the project in full. (e) Deposit the full amount of the consultancy fee for the Board of Consultants with the Cabinet Secretary on completion of the tendering process. (f) Also deposit with the Cabinet Secretary the full amount required by the Survey of Kenya for preparation of Cadastral Maps and other supporting documents of the Licence Area which will be needed for registration of rights to the land. 4. The Licensee shall provide the Cabinet Secretary with periodic written reports of the progress of operations under this licence as set forth in Appendix III. 5. a) Where the Licensee during the exploration phase, discovers geothermal resources which is of potential commercial interest, they shall within sixty (60) days after discovery submit an appraisal programme to the Cabinet Secretary for approval. b) If the appraisal programme results into a declaration by the Cabinet Secretary and the Licensee of a viable commercial geothermal resource, the Licensee shall, within twelve (12) months from the date of declaration, submit to the Cabinet Secretary a development and production programme which shall be in the form of Appendix IV. 6. The Licensee shall pay the Cabinet Secretary for the grant of the rights and privileges under the Licence (a) yearly in advance a rental of about US$5.00 per hectare amounting to US$ …………… (……………. hectares; ………. km² approximately) for each and every year or part thereof for which this licence is in effect and, if such rent is not paid within three months of becoming due, a penalty of ten percent (10%) shall be payable as if it were part of the rent; and, (b) a royalty of ………. (….%) of the value of geothermal resource extracted. 7. The Licensee shall comply with the provisions of the Regulations and the drilling conditions specified in the Appendix V thereto. 8. The Licensee shall carry out appraisal and development of the geothermal resources in the Licence Area, working closely with a designated government representative or the Geothermal Development Company (GDC) in management of the geothermal reservoir(s). 9. The Cabinet Secretary designates the Secretary, Geo- Exploration of the Ministry of Energy and Petroleum as his authorized representative for the purpose of receiving periodic reports, results of any geothermal appraisal programme and other written reports required under the Act or the Regulations. 10. The Licensee shall not transfer or assign this License or any part thereof without the consent of the Cabinet Secretary signified by the endorsement hereon, which consent shall not be unreasonably withheld. 11. The Licensee shall conduct operations under his License in workmanlike manner and in accordance with all applicable statutes and regulations to prevent bodily injury, danger to life or health or damage to property. 12. The Licensee shall comply where appropriate with the Health and Safety Guidelines as set out in the relevant Laws of Kenya and in the absence of such laws with the most recent World Bank guidelines currently in force, where appropriate. 13. The Licensee shall comply with the requirements for Privately Initiated Investment Proposals (PIIPs) as set out in the Public Private Partnerships (PPP) Act, 2013 and the Public Private Partnerships Regulations, 2014 of the Laws of Kenya 30th May, 2025 THE KENYA GAZETTE 14. The Licensee shall keep open at all reasonable time for the inspection of any duly authorized representative of the Cabinet Secretary, the License Area and all wells, improvements, machinery and fixtures thereon and all production reports, maps, records books, and accounts relative to the operations under the License Area. 15. The Licensee shall: (a) Be liable for any actions, obligations, breaches or negligence arising from or connected with the Licensee’s activities and operations conducted pursuant to this Licence. (b) Indemnify and hold harmless the Government from all claims arising from or connected with the Licensee’s activities and operations under this Licence except where such claims are caused by or arise from the direct acts or omissions of authorized representatives of the Cabinet Secretary. 16. The Cabinet Secretary may accept the surrender of this Licence or any part of the Licence Area upon such terms and conditions as he may deem fit but so, however, that no such surrender shall affect any liability incurred by the Licensee before the surrender shall have taken effect. 17. (a) Cabinet Secretary may, by notice to the Licensee, declare this License to be forfeited if the Licensee: (i) Wholly ceases work in or under the Licence Area during a continuous period of six (6) calendar months, without the written consent of the Cabinet Secretary; (ii) Commits a breach or is in default of any provision of the Act or the Regulations or any term or condition of the Licence and the Cabinet Secretary has caused a notice to be served on the Licensee requiring the Licensee: (a) In the case of a breach which, in the opinion of the Cabinet Secretary, is capable of being repaired or made good, to repair or make good the breach within a period of six (6) months; and (b) In the case of a breach which, in the opinion of the Cabinet Secretary, is not capable of being repaired or made good, to show cause why this Licence should not be forfeited. (iii) Forfeiture of this License under paragraph (a) shall not affect any liability already incurred by the Licensee. 18. (a) Within ninety (90) days (or such longer period as the Cabinet Secretary may authorize because of adverse climatic conditions or other special circumstances) of the expiry, surrender or forfeiture of this Licence, the Licensee shall apply to the Cabinet Secretary to enter the Licence Area to remove the plant, machinery, engine or tools installed or erected thereon. The Cabinet Secretary’s consent to such removal shall not be unreasonably withheld, delayed or conditioned. (b) The Cabinet Secretary may require the Licensee to remove the plant, machinery, engines or tools within a reasonable time (being not less than one hundred and eighty (180) days after the expiry, surrender or forfeiture of this licence) and if the same are not so removed they may be sold by auction at the risk of the Licensee. (c) The net proceeds of the sale conducted pursuant to paragraph (b) above shall be held by the Cabinet Secretary until applied for by the Licensee but may be used in the repair of breaches or faults not made good by the Licensee and for payment of the costs incurred in conducting the sale. Any costs incurred in such repair of breaches or faults or in conducting any sale shall be in accordance with the usual or customary rates for the type of expenditure involved and in all cases shall be reasonable and fair. 19. (a) The Cabinet Secretary may, at the request of the Licensee, make available to the Licensee such land as the Licensee may reasonably require for the conduct of operations under this licence in accordance with the Constitution of the Republic of Kenya, 2010, the Community Land Act, 2016 and any other applicable law and: (i) where such land is community land, the Cabinet Secretary shall procure that Government of Kenya shall set apart such community land in the License Area in consultation and concurrence with the local community and in accordance with applicable law and Chapter Five of the Constitution of the Republic of Kenya, 2010 on Land and Environment; (ii) • where such land is private land, the Cabinet Secretary Shall procure that the Government of Kenya acquires the land in accordance with the applicable laws; • Prior to the Licensee requesting the Cabinet Secretary to make available to the Licensee private land for conduct of operations under this License, the Licensee shall first enter into negotiations with the owner or occupier of such private land for granting of the required permission or authorization or for the acquisition of the required permission or authorization or for the acquisition of the required interest (including way-leaves) over such land; • In the event that the owner or occupier of any such private land fails to grant to the Licensee the required permission, authorization or interest in the land within one hundred and twenty (120) days of commencement of negotiations between the Licensee and such owner or occupier, the Cabinet Secretary shall procure the Government of Kenya to obtain in accordance with the applicable laws, the required permission, authorization or other interest in the land; • In carrying out negotiations with the owner or occupier of private land, the Licensee shall act diligently. For the purpose of this clause “diligently” shall include pursuing all reasonably available procedures for obtaining the required permission, authorization or interest in land, including the offer of a rent or purchase price or other consideration which a person carrying out the Licensee’s activities would reasonably expect to pay for the grant of such permission or authorization or other interest in the land. (iii) Where such land is within a “National Park” or National Reserve” within the meaning of the Wildlife Conservation and Management Act, 2013 or within a “Forest Reserve” within the meaning of the Forest Conservation and Management Act 2016 the Cabinet Secretary shall procure the Government of Kenya to obtain all necessary consents and authorizations from a competent authority. The Licensee shall on its part provide the Cabinet Secretary with sufficient description of the area required for its operations and supply such other information as may be required for its operations and supply such other information as may be required by the Cabinet Secretary or the competent authority for the issue of such consent or authorization (iv) The Licensee shall pay or reimburse the Cabinet Secretary any reasonable compensation that may be required for obtaining permission, authorization or interest or for the setting apart, use or acquisition of any land as the THE KENYA GAZETTE 30th May, 2025 Licensee may reasonably require for the conduct of operations under this Licence. Where the Licensee has occupied community land for the purpose of such operations before that land has been set apart, the Licensee shall notify the Cabinet Secretary in writing the need to set apart such land. § The Cabinet Secretary shall procure that the Government of Kenya shall grant or cause to be granted to the Licensee and its contractors and sub- contractors such way-leaves, easements, temporary occupation or other permissions within and (if necessary) without the Licence Area as are necessary to conduct such operations and in particular for the purpose of laying, operating and maintain pipelines, power lines, cables, communication facilities, roads and rights of way. § The Cabinet Secretary shall procure that the Government of Kenya shall at all times give the Licensee and its contractors and sub-contractors the right of ingress to and egress from the Licence Area to and from, in particular, the facilities wherever located for the conduct of operations under this Licence. 20. The Cabinet Secretary shall, subject to applicable laws and regulations, obtain for the Licensee any permit necessary to enable the Licensee to use the water in the Licence Area for the purpose of operations under this Licence but the Licensee shall not unreasonably deprive the users of land, domestic settlement or cattle watering place of the water supply to which they are accustomed. 21. The Licensee shall pay compensation as required by Section 173 of the Energy Act, 2019. 22. Where the Licensee intends to occupy or disturb the surface of any particular area of private land or to disturb or otherwise interfere with any crops, trees, buildings or works thereon, the Licensee shall give not less than twenty one (21) days notice in writing of his intention to the person in visible and immediate occupation of the land affected thereby and, if practicable to the owner of the land, and shall comply with Section 171 of the Act. 23. (a) The Licensee shall notify the Cabinet Secretary, before operations begin, of the name and address of the person resident in Kenya who will supervise the operations under this Licence and prior notice of any subsequent change shall be given to the Cabinet Secretary. (b) (i) Every notice demand or other communication under this Licence shall be in writing and may be delivered personally or by letter or facsimile transmission dispatched by the parties to each other in accordance with the details set out below or to such other address and / or facsimile number as the parties may notify each other in accordance with this clause for the purpose. The Licensee: ………………………………………….. ………………………………………….. …………………………………………. The Cabinet Secretary, Ministry of Energy and Petroleum, Kawi House, South C, P.O. Box 30582-00100, NAIROBI. (ii) Every notice, demand or other communication shall be deemed to have been received (if sent by post) twenty- four (24) hours after being posted first class postage prepaid (if posted from and to an address within Kenya) or five (5) working days after being posted prepaid airmail (if posted from or to an address outside Kenya) at the time of actual delivery or (in the case of a facsimile transmission) receipt if during normal business hours on a working day in the place of intended receipt or to the facsimile transmission number specified above, and otherwise at the opening of business in that number on the next succeeding such day. 24. (a) Where the Cabinet Secretary or the Licensee is prevented from complying with this License by force majeure, the party affected shall promptly give written notice to the other and the obligations of the affected party shall be suspended, provided that party shall do all things reasonable within its power to remove such cause of force majeure. Upon cessation of the force majeure event, the party no longer affected shall promptly notify the other party. (b) In this clause, “force majeure” means an occurrence beyond the reasonable control of the Cabinet Secretary or of the Licensee which prevents either of them from performing their obligations under Licence. (c) For the purpose of this clause promptly shall be deemed to mean a period of twenty-one (21) days. (d) Where the party not affected disputes the existence of force majeure, that dispute shall be referred to arbitration in accordance with the provisions for arbitration contained in this Licence. (e) Where an obligation is suspended by force majeure for more than one (1) year, the parties may agree to terminate this Licence by notice in writing without further obligations; provided that each party shall remain liable for the fulfillment of any obligation which remains unperformed at that time. (f) Subject to paragraph (e) of this clause, the term of the Licence shall be automatically extended for the period of the force majeure. 25. (a) Whenever any dispute arises between the Licensee and an owner of private land or community land, then the owner of the private land or community land shall participate in the dispute resolution as stakeholder. (b) Except as otherwise provided in this Licence, any question or dispute arising out of or in relation to or in connection with this Licence shall, as far as possible, be settled amicably. Where no settlement is reached within thirty (30) days from the date of the dispute, such dispute shall be referred to arbitration in accordance with the provisions hereinafter contained. (c) All disputes arising out of this License or relating to any investment made under it for settlement by arbitration shall be settled in Kenya in accordance with Arbitration Act, 1995(Revised, 2012) of the Laws of Kenya. (d) Any such arbitration proceeding shall be conducted in accordance with the Rules of Procedure for Arbitration proceedings in effect in Kenya on the date on which the proceeding is instituted. Issued by: ……………………………. CABINET SECRETARY MINISTRY OF ENERGY & PETROLEUM APPENDICES 1. APPENDIX I - DELINEATION OF LICENSE AREA The Licence Area shall be that area of land shown on the map annexed hereto as Appendix II for indicative purposes only. The Licence area, covering about …….. Km2 in ………….. Sub County of ………… 30th May, 2025 THE KENYA GAZETTE County is bounded by geographical coordinates …., ……, ….., ……. ……in WGS84 datumas shown in Appendix II overleaf. Point Latitude Longitude A B C D 2. APPENDIX II – MAP 3. APPENDIX III - PERIODIC REPORTS (1) The Licensee shall supply to the Cabinet Secretary daily reports on geothermal drilling and production operations, and weekly reports on geothermal exploration operations. (2) The Licensee shall report in writing to the Cabinet Secretary the progress of the geothermal operations according to the following schedule- Report Time Schedule Covering the previous three (3) months Within one (1) month of the last day of March, June, September and December. Covering the previous year Within three (3) months of the last day of December. Covering expiry or termination of this Licence Within three (3) months of the date of expiry or termination of this contract. (3) A report under sub-clause (2) shall contain, in respect of the period which it covers- (a) Details of the geothermal operations carried out and the factual information obtained; (b) A description of the area in which the Licensee has operated; (c) An account of the expenditure on the geothermal operations; (d) A map indicating all boreholes, wells and other geothermal operations; (e) On expiry or termination of this Licence details of the geothermal operations including all the matters described in paragraphs (a) to (d); and (f) All information required in the Regulations and the drilling conditions specified in the Appendix V thereto not hitherto supplied. 4. APPENDIX IV — DEVELOPMENT AND PRODUCTION PROGRAMME (a) The Licensee shall supply to the Cabinet Secretary a development and production programme which shall include:- (i) The date by which the applicant intends to commence production; (ii) The capacity of production and scale of operations; (iii) The estimated overall production; (iv) The marketing arrangements made for utilization of the geothermal energy, including details of all contracts or arrangements made with proposed users; (v) Proposals for the prevention of pollution, the treatment of wastes, the safeguarding of natural resources, the progressive reclamation and rehabilitation of lands disturbed by prospecting or production operations and for the minimization of the effect of such operations on adjoining or neighbouring lands; (vi) An approved Environmental and Social Impact Assessment detailing any significant adverse effect which the carrying out of production operations with proposals for controlling or eliminating that effect; (vii) A technical report on the production possibilities and the intention of the applicant in relation thereto; and (viii) A detailed forecast of capital investment, operating costs and sales reserves and the anticipated type and source of financing. (b) The development and production phase shall commence upon the approval by the Cabinet Secretary of the development and production programme. APPENDIX V - GUIDELINES FOR DRILLING OF BORES The following conditions are intended as guidelines to ensure safety and environmental integrity. If these conditions would prove too restrictive for economical geothermal energy recovery, the licensee may propose an alternative. 1. All casing strings reaching the surface shall be cemented at a sufficient depth to provide adequate anchorage and support for the casing and any blowout prevention equipment required thereon. The several casing strings in order of installation are— (a) surface; (b) intermediate; (c) anchor; (d) production strings. 2. The following casing setting depth requirements are general in nature and subject to variation to permit the casing (if any) to be set and cemented in competent formation. Casing setting depths shall be based upon all geological and engineering factors including apparent geothermal gradients, depths and pressures of the various formations to be penetrated and all other pertinent information about the area. All depths in these Regulations referred to True Vertical Depth (T.V.D.) below ground level unless otherwise specified— (a) Surface Casing.—This casing shall be set at a minimum depth of 30 metres and a maximum depth of 60 metres from the cellar top, before drilling into shallow formation suspected or known to contain geothermal resources, non- condensable gases, or other mineral resources or upon encountering such formations; (b) Intermediate Casing.—This casing shall be set at any time when required by bore conditions encountered in drilling below the surface casing such as anomalous pressure zones, uncased fresh water aquifers, caveins, washouts, lost circulation zones, rapidly increasing thermal gradients or other drilling hazards; (c) Anchor Casing.—This casing shall be set at a depth equivalent to or in excess of 10 percent of the proposed total depth of the bore provided, however, that such setting depth shall be not less than 250 metres and no more than 400 metres; (d) Production Casing.—This casing may be set at the top of or through the potential producing zone and shall be set before completing the bore for production. Production casing shall be run to the surface.A liner shall be used below the production casing and theliner overlap shall be a minimum of 30 metres. The lap shall be tested by a fluid entry or pressure test to determine whether a seal between the liner top and the production casing string is achieved. The test shall be recorded on the driller’s log. In the event of lap or casing failure during the test, the lap or casing must be repaired or recemented and successfully retested as required. Production THE KENYA GAZETTE 30th May, 2025 casing shall normally be of consistent nominal outside diameter from the surface or from the top of the lap to the casing shoe. The surface casing shall not be used as production casing. 3. Cementing of casing (a) The surface, intermediate and anchor casing strings shall be cemented with a quantity of cement sufficient to fill the annular space back to the surface. Production casing shall be cemented with a high temperature resistant admix and shall be cemented in a manner necessary to exclude with, isolate or segregate overlying formation fluids from the geothermal resources zone and to prevent the movement of fluids into possible fresh water zones. The first stage of all cementing operations must be carried out by circulating cement from the surface to the bottom of the casings and back up the annulus. (b) Before any backfill cementing is carried out the casing annulus must be tested to prove cement can pass below the outer casing shoe so as not to trap water or explosive fluid in the annulus. (c) Production casing shall be cemented back to the surface.. A temperature and cement bond log shall be conducted if an unsatisfactory cementing job is indicated or as may be required by the Cabinet Secretary. 4. Pressure testing of casing (a) Prior to drilling out the casing shoe after cementing all casing strings set to a depth of 152 metres or greater, shall be pressure tested to a minimum pressure of 69 bars (1,000 p.s.i.) or 0.045 bars/metres (0.2 p.s.i./ft.) whichever is greater. (b) All casing strings set at a depth less than 152 metres (500 feet) shall be pressure tested to a minimum pressure of 20 bars (300 p.s.i.). (c) The tests under paragraphs (1) and (2) shall not exceed the rated working pressure of the casing or the blowout preventer stack assembly, whichever is lesser and in the event of casing failure during the test, the casing must be repaired or recemented until a satisfactory test is obtained. (d) A pressure decline of 10 percent or less in 30 minutes shall be considered satisfactory. (e) Casing test results shall be recorded on the driller’s log. Advance notice of all casing and lap tests shall be given in sufficient time to enable the Minister or his representative to be present to witness such tests. The casing and lap tests shall give a detailed description of the test, including mud and cement volumes, lapse of time between running and cementing casing and testing, method of testing and test results. 5. Well survey (a) Deviation surveys (inclination from vertical or single shot) shall be taken on all bores during the normal course of drilling at intervals not exceeding 152 metres and in calculating all surveys, a correction from true north to Labert- Grid north shall be made after making the magnetic to true north correction. (b) Bores are considered vertical if inclination does not exceed an average of five degrees from the vertical. (c) Bores are considered directional if inclination exceeds an average of five degrees from the vertical. Directional surveys giving both inclination and azimuth shall be obtained at intervals not exceeding 30 metres between stations prior to, or upon, setting any casing string or liner (except conductor casing) and at total depth. 6. Safety equipment and procedures All necessary precautions shall be taken to keep all bores under control at all times, utilize trained and competent personnel, and utilize properly maintained equipment and materials. Blowout preventers and related bore control equipment shall be installed, tested immediately thereafter and maintained ready for use until drilling operations are completed. Certain components, such as packing elements and ram rubbers, shall be of high temperature resistant materials as necessary. All kill lines, blown down lines, manifolds and fittings shall be steel and shall have a temperature derated minimum working pressure rating equivalent to the maximum anticipated wellhead surface pressure. Except as otherwise provided by these Regulations, blowout prevention equipment shall have manually operated gates and hydraulic actuating systems and accumulators of sufficient capacity to close all of the hydraulically-operated equipment and have a minimum pressure of 69 bars (1,000 p.s.i.) remaining on the accumulator. Dual control stations shall be installed with a high pressure backup system. One control panel shall be located at the driller’s station and one control panel shall be located on the ground at least 15 metres away from the wellhead or rotary table. Air or other gaseous fluids drilling systems shall have blowout prevention assemblies. Such assemblies may include, but are not limited to, a rotating head, a double ram blowout preventer or equivalent, a banjobox or approved substitute thereof and a blind ram blowout preventer or gate valve, respectively. 7. Requirement for drilling (a) Surface Casing.—In the case of areas where higher pressures are anticipated at shallow depths, before drilling below this string, at least— (i) one remotely controlled hydraulically-operated expansion type preventer; and (ii) a manual and remotely controlled complete shut-off single ram blowout preventer or equivalent having a temperature derated minimum working pressure rating which exceeds the maximum anticipated surface pressure at the anticipated reservoir fluid temperature. At least one ram set shall be for complete shut off. A drilling spool with side outlets or equivalent, shall be installed. A kill line and blowdown line with appropriate fittings shall be connected to the drilling spool. (b) Anchor, Intermediate and Production Casings.— Before drilling below the blowout prevention equipment shall include a minimum of— (a) one expansion-type preventer and accumulator; (b) a manual and remotely controlled hydraulically- operated double ram blowout preventer or equivalent having a temperature derated minimum working pressure rating which exceeds the maximum anticipated surface pressure at the anticipated reservoir fluid temperature; (c) a drilling spool with side outlets or equivalent; (d) a kill line equipped with at least one valve; and (c) a choke line equipped with at least one valve and securely anchored at all bends and at the end. (c) Testing and maintenance.—Ram-type blowout preventer and auxiliary equipment shall be tested to a minimum of 69 bars (1,000 p.s.i.) or to the working pressure of the casing or assembly, whichever is the lesser. Expansion-type blowout preventer shall be 30th May, 2025 THE KENYA GAZETTE tested to 70 percent of the above pressure testing requirements; and the blowout prevention equipment shall be pressure tested— (a) when installed; (b) prior to drilling out plugs and casing shoes; (c) not less than once each week, alternating the control stations; and (d) following repairs that require disconnecting a pressure seal in the assembly. (d) During drilling operations, blowout prevention equipment shall be actuated to test proper functioning as follows— (a) once each trip for blind and pipe rams but not less than once each day for pipe rams; and (b) at least once each week on the drill pipe for expansion type preventers. (e) All flange bolts shall be inspected at least weekly and retightened as necessary during drilling operations. The auxiliary control systems shall be inspected daily to check the mechanical condition and effectiveness and to ensure personnel acquaintance with the method of operation. Blowout prevention and auxiliary control equipment shall be cleaned, inspected and repaired, if necessary prior to installation to assure proper functioning. Blowout prevention controls shall be plainly labelled, and all crew members shall be instructed on the function and operation of such equipment. A blow-out prevention drill shall be conducted weekly for each drilling crew. All blowout prevention tests and crew drills shall be recorded on the driller’s log. (f) Related Well Control Equipment.—At least one non- return valve shall be installed in the drill string at all times. 8. Drilling fluid (a) The properties, use and testing of drilling fluids and the conduct of related drilling procedures shall be such as are reasonably necessary to guard against the blowout of any bore. Sufficient drilling fluid materials to ensure bore control shall be maintained in the field area readily accessible for use at all times; and— (i) before pulling drill pipe, the drilling fluid shall be properly conditioned or displaced. The hole shall be kept reasonably full at all times. Mud cooling techniques shall be utilized when necessary to maintain mud characteristics for proper bore control and hole conditioning; (ii) mud testing and treatment consistent with good operating practice shall be performed daily or more frequently as conditions warrant. Mud testing equipment shall be maintained on the drilling rig at all times. (b) The following drilling fluid system monitoring or recording devices shall be installed and operated continuously during drilling operations with mud, occurring below the shoe of the conductor casing— (i) high-low level mud pit indicator including visual audio-warning device; (ii) desilters and desanders; (iii) a mechanical, electrical or manual surface drilling fluid temperature monitoring device. The temperature of the drilling fluid going into and coming out of the hole shall be monitored, read and recorded on the driller’s or mud log for a minimum of every 9 metres of hole drilled below the conductor casing; and (iv) a hydrogen sulphide detectors and alarm shall be installed in areas suspected or known to contain hydrogen sulphide gas which may reach levels considered to be dangerous to the health and safety of personnel in the area. (c) From the time drilling operations are initiated and until the bore is completed or abandoned, a member of the drilling crew or the tool pusher shall monitor the rig floor at all times for surveillance purposes, unless the bore is secured with blowout preventers or cement plugs. 9. Bore logging All bores shall be logged from surface to total depth with the goal of characterizing the geothermal reservoir and establishing the continuous integrity of the bore. The logs shall include but not limited to- (a) Lithological logs; (b) Temperature and Pressure logs; (c) Cement bond logs; (d) Casing logs. 10. Wellhead equipment and testing (a) All wellhead connections shall be fluid pressure tested to the appropriate working pressure rating. Cold water is recommended as the testing fluid. Welding of wellhead connections shall be performed using materials in conformity with industrial standards. (b) All completed bores shall be equipped with a minimum of one casing head with side outlets, one master valve and one production valve. The rating of the master valve shall not in any case be less than well shut in pressure. (c) All casing heads, christmas trees, fittings and connections shall have all temperature derated working pressure equal to or greater than the pressure of saturated steam at reservoir temperature. (d) Packing, sealing mediums and lubricants shall consist of materials or substances that function effectively at, and are resistant to high temperatures. Casing head connections shall be made such that fluid can be pumped between casing strings. (e) Any bores showing sustained casing head pressure or leaking of geothermal fluids between casing strings shall be tested to determine the origin of the failure, when such failure point is not otherwise determined corrective measures shall be taken. In case of any continuous leakages or casing breaches that shall remain un-remedied within seven (7) calendar days, the Licencee shall notify the Cabinet Secretary. Such a notice shall contain remedial actions and timelines so as to prudently and effectively remedy the situation at the earliest. The Cabinet Secretary shall procure remedial action at the cost of the Licensee should the leakages and/or breaches continue for a further fourteen (14) days. 11. Bore spacing, plugging and permanent abandonment (a) Well bore spacing shall be determined by carrying out requisite well tests and reservoir models which the Licencee shall perform. (b) All bores not in use or demonstrated to be potentially useful shall be promptly plugged in the following manner— (i) cement used to plug any geothermal resources bore, except that cement or concrete used for surface plugging, shall be placed in the hole by pumping through drill pipe or tubing, and in the cement shall consist of a high temperature resistant admix; (ii) in uncased portions of bores, cement plugs shall be placed to protect all subsurface mineral resources including fresh water aquifers; and plugs shall extend a minimum of 30 metres below, if possible, and 30 metres above such aforementioned zones. Cement plugs shall be placed in a manner necessary to isolate formations and to protect the fluids in such formations from interzonal migration or contamination— THE KENYA GAZETTE 30th May, 2025 (iii) where there is an open hole (uncased and open into the casing string above) a cement plug shall be placed in the deepest casing string by either (a) or (b) below. In the event that lost circulation conditions exist or are anticipated, or if the well has been drilled with air or other gaseous substance, the plug shall be placed in accordance with (c) below; (a) a cement plug shall be placed across the shoe extending a minimum of 30 metres above and 30 metres (100 feet) below; or (b) a cement retainer with effective back pressure control set approximately 30 metres above the casing shoe with at least 61 metres of cement below the retainer and 30 metres above; (c) a permanent bridge plug set at the casing shoe and capped with a minimum of 61 metres of cement; 12. Waste (a) The licencee shall remove or store, in an orderly manner, all materials not in use, and shall provide and use pits and sumps of adequate capacity and design to retain materials and fluids necessary for drilling, production, or other operations. When no longer needed, pits and sumps are to be properly abandoned and the land restored; (b) Liquid well effluent or the liquid residue thereof containing substances, including heat, which may be harmful or injurious to persons or property shall be dealt with in such a way as to minimize such possible harm or injury; (c) Drill cuttings, sand, precipitates and other similar solids shall be disposed of in a suitable manner. SIXTH SCHEDULE (r. 12(2)) DETERMINATION OF VALUE OF GEOTHERMAL ENERGY FOR COMPUTATION OF ROYALTIES (a) Value of geothermal energy for electricity generation The value of geothermal energy for electricity generation shall be determined by the following formula Where V Value of the geothermal resource R Revenue D Cost of drilling amortized over the life of the plant G Cost of resource gathering amortized over the life of the plant P Cost of processing amortized over the life of the plant OP Operation and maintenance costs C Reasonable costs to point of delivery (a) The reasonable costs in equation 1 may include (b) Resource exploration costs (c) Feasibility studies costs (d) Construction costs (e) Costs of land rent, rates and leases (f) Licenses (g) Financing costs (h) Insurance costs (i) Legal fees (j) Taxes (k) Community liaison costs a) Value of geothermal energy for direct use The value of geothermal energy for direct use shall be determined by the following formula Where V Value of the geothermal resource N Cost of steam to point of delivery S Tons of steam Revenue for— (i) electricity generation shall be gross proceeds from steam sales which is the steam charge multiplied by the units of electricity generated; (ii) direct uses shall be the steam unit price multiplied by the quantity supplied by the licensee. Exclusion from royalty returns Any geothermal resources that do not get to point of delivery shall not be subject to royalty. ; (a) Well testing and re-testing (b) Venting (c) Steam/brine transmission loses The licensee shall submit the remittance form as per Second Schedule of these regulations. Legal Notice No. …………… THE ENERGY ACT ENERGY AND PETROLEUM REGULATORY AUTHORITY CALL FOR COMMENTS ON THE DRAFT ENERGY (APPLIANCES’ ENERGY PERFORMANCE AND LABELLING) REGULATIONS, 2025 AND DRAFT REGULATORY IMPACT STATEMENT The Energy and Petroleum Regulatory Authority (the Authority) is Kenya’s energy sector regulatory agency established under the Energy Act, 2019, and is responsible for the technical and economic regulation of the Electricity, Renewable Energy and Petroleum subsectors in Kenya. The Authority has developed the Draft Energy (Appliances’ Energy Performance and Labelling) Regulations, 2025 together with the associated Draft Regulatory Impact Statement. The purpose of the regulation is to promote the use of energy efficient appliances by enforcing the minimum energy performance standards. Stakeholders are requested to review the aforementioned documents and provide feedback that will be considered for incorporation in the regulations that will be gazetted. Your written comments on the Draft Energy (Appliances’ Energy Performance and Labelling) Regulations, 2025 and the draft Regulatory Impact Statement using the prescribed public comments form on the Authority’s website, may be submitted to reach the undersigned not later than thirty (30) days from the date of publication of this notice. The memoranda marked “PUBLIC COMMENTS ON DRAFT APPLIANCES’ ENERGY PERFORMANCE REGULATIONS” can be hand delivered to the authority offices or sent by email to renewableenergy@epra.go.ke. After the expiry of the thirty (30) day period for the submission of written memoranda, the Authority shall organize stakeholder consultation workshops. To express interest to participate in the consultative meetings, email: - renewableenergy@epra.go.ke or call: 0709336000. Details of the meetings shall also be available on the Authority’s website. A copy of the draft Regulatory Impact Statement is available on the Energy and Petroleum Regulatory Authority’s website www.epra.go.ke Director General The Energy and Petroleum Regulatory Authority 30th May, 2025 THE KENYA GAZETTE 1st Floor, Eagle Africa Centre, Longonot Road, Upper Hill P.O. Box 42681-00100 GPO, Nairobi, Kenya Telephone: 0709336000 Website: www.epra.go.ke THE ENERGY ACT (No. 1 of 2019) IN EXERCISE of the powers conferred by Section 190 and 208 of the Energy Act, 2019, the Cabinet Secretary for Energy makes the following Regulations. The purpose of these Regulations is to promote the use of energy efficient appliances. THE DRAFT ENERGY (APPLIANCES’ STANDARDS AND LABELLING) REGULATIONS, 2025 1. These regulations may be cited as the Energy (Appliances’ Standards and Labelling) Regulations, 2025. 2. These regulations shall apply to manufacturers, importers, distributors, promoters or retailers of appliances listed in the First Schedule. 3. In these regulations, unless the context otherwise requires: – “accredited laboratory” means a laboratory for testing appliances as per the Kenya Standards and approved by Kenya Accreditation Service or a similar accreditation body; “Act” means the Energy Act, No.1 of 2019; “appliance” means an energy consuming equipment defined by the relevant standard; “Authority” means the Energy and Petroleum Regulatory Authority established pursuant to Section 9 of the Act; “check-test” means the testing of a registered appliance by an interested party to verify the declared energy performance; “distributor” means a person involved in sourcing appliances from manufacturers or importers for resale; “energy label” means an illustration to be affixed on an appliance or in printed on the packaging of an appliance, which provides information on the appliance’s energy performance, based on the Relevant Standard and approved by the Authority; “importer” means a person involved in sourcing appliances from other countries into Kenya for own use or sale; “Kenya Standard” shall have the meaning assigned to it under Laws of Kenya; “manufacturer” means a person who makes or assembles appliances; “model” means a specific design of an appliance distinguished by its energy performance; “model number” means a unique reference term assigned to a model by a manufacture or an importer; “person” natural or juridical person who manufactures, imports, distributes, promotes or sells appliances referred to in these Regulations; “promote” means advertising or publicizing of appliances with an intention to sell. “registration certificate” means a document issued by the Authority to a manufacturer or importer, to confirm that an appliance has met the Relevant Standard; “retailer” means a person that sells appliances to end users; “relevant standard” means the Kenya Minimum Energy Performance Standards and the associated test methods; “test certificate” means a document issued by an accredited laboratory as an attestation of an appliance meeting the requirements of the Relevant Standard; and “testing” means the assessment of an appliance by an accredited laboratory to determine its energy performance in accordance with the Relevant Standard. 4. Appliances listed in the First Schedule shall be tested for energy performance and registered by the Authority. A person shall not manufacture, import, distribute, promote or retail unregistered appliances. 5. (a) A person who intends to manufacture or import any of the appliances listed in the First Schedule shall submit a sample of the appliance model (s) to an Accredited Laboratory for testing. The number of appliances per model submitted for testing shall be determined by the relevant standard. (b) The accredited laboratory shall test the appliance and issue a test report and certificate. Where the appliance fails to meet the minimum energy performance standards, only a test report shall be issued. 6. (a) A person who intends to manufacture or import appliances referred to in the First Schedule shall apply to the Authority for registration of the appliance model using the form provided in the Second Schedule. (b) An application for registration under these Regulations shall be made electronically or in any other manner that the Authority may prescribe. (c) The application shall be accompanied by proof of payment of the registration fees specified in the Third Schedule. (d) The Authority shall, within thirty days of receipt of an application for registration of an appliance model, approve or reject the same with reasons and communicate to the applicant in writing. (e) An appliance model registration certificate shall remain in force until the relevant standard is revised. 7. (a) Appliances under these regulations shall be required to have an energy label during promotion and at the point of sale. (b) The energy label shall be positioned in a visible location as specified in the relevant standards. (c) A person who fails to affix or imprint the energy label as per these regulations commits an offence. 8. (a) The Authority or its agent may carry out an inspection on any site where appliances are manufactured, promoted, stored, distributed or suspected to be manufactured, promoted, stored, distributed, to ensure that the appliances conform to these Regulations. (b) Any person who hinders the Authority or its agent from enforcing Regulation 8 (1) commits an offence. 9. (a) Where the Authority finds that any provision of these regulations has been contravened, or that a condition has arisen which may lead to their contravention, the Authority may issue a compliance order. The order shall state: (i) the specific provisions which have been or are likely to be contravened; (ii) the measures which should be taken to rectify the contravention and this may include a re-test of the appliance; and (iii) the period within which the notice shall be complied with. (b) Where a re-test is ordered by the Authority, the person served shall: (i) submit the appliance to an accredited laboratory at own cost within thirty days of receipt of the Authority’s order; and (ii) submit the test report and certificate to the Authority within the period stipulated in the order. THE KENYA GAZETTE 30th May, 2025 A person who fails to submit a test report and certificate within the period stipulated by the Authority in the regulations commits an offence. (c) The Authority may, at its own cost, re-test, inspect or re-inspect appliances where necessary. (d) Where an appliance model fails to meet the relevant standard after re-testing, the Authority may suspend or revoke the registration certificate. (e) 10. (a) A person who wishes to check-test a registered appliance shall apply to the Authority for authorization. The cost of the check-test shall be met by the applicant. (b) The Authority shall within fourteen days notify all the parties involved in the planned check-test. The parties to be notified are: (i) the check-test applicant (ii) the person who registered the model (iii) the laboratory that tested the model (iv) the laboratory where the check-test is to be conducted. (c) The check-test applicant shall submit the test report to the Authority within forty-eight hours of receiving it. (d) Where an appliance fails to meet the performance, standards indicated in the registration certificate, after the check test, the Authority shall issue a non- compliance notice to the manufacturer or importer, which shall state: a. the measures which should be taken to rectify the contravention; b. the cost of the check-test to be reimbursed to the person that has applied for the check-test; and c. the period within which the notice shall be complied with. (e) A person who fails to comply with the notice issued commits an offence. 11. (a) Manufacturers and importers of appliances listed in the First Schedule shall be required to submit an annual record of all appliances manufactured or imported, in the format indicated in the Fourth Schedule, within six months after the end of the calendar year. (b) The Authority may require additional data from the manufacturers and importers of appliances and shall, from time to time, prescribe and publish the format in which the data required under this part shall be provided. (c) Manufacturers and importers of appliances shall maintain data under regulations 11(1) and 11(2) for a minimum period of five years. (d) A person whose appliance is registered and fails to submit the records referred in these regulations commits an offence. 12. (a) The Authority may suspend or revoke a registration certificate issued under these Regulations where it is satisfied that a person has breached the provisions of these regulations or any conditions attached to the registration certificate. (b) The Authority shall, give a notice of not less than thirty (30) days prior to suspending or revoking a registration certificate, in writing, to afford the person an opportunity to show cause why the registration certificate should not be suspended or revoked. (c) A notice to show cause issued hereunder shall contain information to enable a person know the specific incidence(s) of non-compliance. (d) The person shall be entitled to appear before the Authority with or without representation to show cause why his registration certificate should not be suspended or revoked. (e) Where a registration certificate is suspended or revoked, the Authority shall remove the appliance model from the register and publish the suspension or revocation status. (f) The person whose registration certificate has been suspended shall, on rectification of the non-compliance issues, submit to the Authority a compliance report for consideration, approval and reinstatement of the registration certificate. (g) The person whose registration certificate has been revoked shall: a. immediately stop the distribution and sale of that model; b. recall all appliances of that model from distribution or retail outlets within Forty-eight hours of the notice; and submit to the Authority a compliance report at the end of the notice. (h) A manufacturer or importer who fails to comply with these regulations commits an offence. 13. (a) Where a standard is revised, a person shall be required to re-apply for registration of the appliance model. (b) Where a Relevant Standard is revised, it shall be applicable to appliances: a. manufactured or imported one year after the revision; or b. promoted or retailed two years after the revision. 14. Where a person demonstrates to the Authority that a registration certificate issued under these Regulations has been defaced, destroyed or lost, the Authority may, on payment of the fees prescribed in the Third Schedule, issue a duplicate registration certificate. 15. The Authority shall publish and maintain a register of all appliance models registered under these Regulations and the status of the registration certificate(s). 16. (a) Complaints and/or disputes under these regulations shall be referred to the Authority for resolution in accordance with the Act. (b) Any person dissatisfied or aggrieved by a decision of the Authority shall appeal to the Energy and Petroleum Tribunal. 17. Where any default or contravention of any of the provisions of these Regulations is made for which no fine or penalty is expressly stated, the person so defaulting or contravening shall, on conviction, be liable to a fine not less than one hundred thousand shillings. 18. (a) A person found to be guilty of any of the offences listed in these regulations shall be liable to the fine or penalty indicated: Regulation Description of Offence/Violation Penalty 4 Manufacturing, importing, distributing, promoting or selling unregistered appliances KSh. 10,000 per appliance model 11(4) Failure to submit data to the Authority KSh. 1,000,000 Providing false data to the Authority KSh. 1,000,000 30th May, 2025 THE KENYA GAZETTE Providing inaccurate or incomplete data to the Authority KSh. 100,000 7(3) Failure to affix the energy label on an appliance KSh. 10,000.00 per appliance model Affixing an energy label with false information KSh. 50,000.00 per appliance model 10(3) Failure to submit re-test certificate and re-test report KSh. 10,000.00 per violation 9 (4) Failure to comply with suspension or revocation terms. A penalty of one million shillings and thereafter one million shillings for each forty-eight hours period that the appliances are not recalled. 8(2) Preventing an officer or agent of the Authority from conducting an inspection. KSh. 50,000 for every day that the incident persists. (b) The fines or penalties in this Regulation are without prejudice to the Authority’s right to suspend or revoke the registration certificate. 19. (a) These regulations shall apply to appliances listed in the First Schedule and were not in the Energy (Appliances’ Energy Performance and Labelling) Regulations, 2016 (a) one year for importers or manufacturers; and (b) two years for retailers. (b) Registration certificates issued under Energy (Appliances’ Energy Performance and Labelling) Regulations, 2016 shall remain valid. 20. The Energy (Appliances' Energy Performance and Labelling) Regulations, 2016 are repealed. FIRST SCHEDULE (r.2, r.4, r.5 (1), r.6 (1),r.11(1) r.13(2) and r.19) LIST OF APPLIANCES AND RELEVANT STANDARDS No. Appliance Kenyan Standard Description 1. Refrigerating Appliances KS IEC 62552-1: Household refrigerating appliances-Characteristics and test methods-Part 1: General requirements KS IEC 62552-2: Household refrigerating appliances-Characteristics and test methods-Part 2: Performance requirements KS IEC 62552-3: Household refrigerating appliances-Characteristics and test methods-Part 3: Energy consumption and volume KS 2464: Performance of household electrical appliances- Refrigerating Performance of household electrical appliances - Refrigerating appliances Part 2: Minimum energy performance standard requirements 2. Non-Ducted Air KS 2463:2019 Non-ducted air conditioners- Testing and rating Conditioners performance 3. Computer Monitors KS 2879- 1:2020 Information Technology Equipment- Computer Monitors – Minimum Energy Performance Standards 4. Computers KS 2880- 1:2020 Information technology - Minimum energy performance standards (MEPS) equipment - Computers Part 1: Specification KS 2880- 2:2020 Information technology equipment - Computers - Minimum energy performance standards (MEPS) Part 2: Test methods 5. General Service Lamps KS 2914: Minimum energy performance standards and functional performance ¯ Requirements for General Service Lamps (GSLs) 6. Three phase induction motors KS 2449-1: Rotating electrical machines- General requirements. Three- phase cage induction motors- minimum energy performance standards KS 2449- 2: Rotating electrical machines- Standard methods for determining losses and efficiency from test (including machines for traction vehicles) SECOND SCHEDULE (r.6(1)) APPLICATION FORM FOR REGISTRATION OF APPLIANCE MODEL(S) (This form is to be used for application for registration of appliance model(s) by Manufacturers and Importers.) The Director General Energy and Petroleum Regulatory Authority P.O. Box 42681, 00100 GPO NAIROBI I/We …………………………............hereby apply for registration of:— (Please tick (ü) as appropriate) q Category AC: Non-Ducted Air Conditioners q Category C: Computers q Category CM: Computer Monitors q Category GSL: General Service Lamps q Category M: Three Phase Induction Motors q Category R: Refrigerating Appliances for the purpose of Manufacturing and/or Importing in accordance with the Energy (Appliances’ Standards & Labelling) Regulations, 2022. 1. Details of applicant: (a) Name of applicant (individual or organization) (b) Income Tax Personal Identification Number:………………… (c) Postal Address:…………………………….……………… (d) Email Address:..................................................................... (e) Telephone number(s):........................................................... (f) Building Name…………………………………….………. (g) Street:……………………………………………………… THE KENYA GAZETTE 30th May, 2025 (h) Town/County:……………………………………..………. 2. Location of business premise(s) (a) ………………………………………………………… (b) ………………………………………………………… (c) ....................................................................................... (Insert additional lines as appropriate) 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as applicable. Name………………………………..…………………… Nationality ……………………………………………… (Insert additional lines as appropriate) 4. State if you are or any of your partners/directors is an un- discharged bankrupt. (If so indicate the names). (a) …………………………………...………………………… (b) …………………………………...………………………… (c) ............................................................................................... (Insert additional lines as appropriate) 5. Application details: a) Purpose of Application: New Application q Amendment q Replacement q (Please tick (ü) as appropriate) b) Model q Family/Range of Models q (Please tick (ü) as appropriate) For family of models give more information on models’ variations. …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… Have you applied for registration in the past? Yes q Noq (Please tick (ü) as appropriate) If yes, (i) Registration Certificate No…………………………….. (ii) Issued on……………………………….………………. (iii) Issued by…………………………………..…………… (iv) If any previous application for a registration has been rejected under these regulations? Yes q Noq (If Yes, please give details below) …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… Appliance Description (a) Brand Name……………………...……………….……. (b) Model Number……………………...………..………… (c) Test Certificate Number………………..……...………. (d) Test report number…………………….......…………… (e) Name of accreditation laboratory…………..………….. The application shall be accompanied by the following supporting documents (i) Certificate of Incorporation / Business Registration Certificate (ii) VAT registration certificate (iii) Valid Tax Compliance Certificate from Kenya Revenue Authority (iv) Legible Copies of Identification Documents i.e. IDs/Passports for all the Company directors (v) CR12 from the Registrar of companies (Not older than one (1) year) for limited companies (vi) Business Permit from the County Government (vii) Work Permits Class "G" for foreign directors as per CR12 (viii) Title Deed or Valid Lease Agreement of the office (ix) Accreditation certificate of testing laboratory against the applicable standards (x) Test Report (xi) Test Certificate (xii) Product Identity Document (PID) where applicable Note: For registration of motors, declaration of conformity will be accepted in lieu of test report. 6. Has any previous registration been cancelled under these regulations? Yes q Noq (If Yes, give details) …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… DECLARATION I/We hereby declare that the information provided in this application is true and accurate. I/We understand that it is an offence, under the Energy Act 2019 and any other Laws of Kenya to give false information in application for this certificate I/We commit to abide by the Energy (Appliances’ Standards and Labelling) Regulations, 2022 and any rules and by-laws for the time being in force there under. Signature of Applicant ………… Date ………………… THIRD SCHEDULE (r.6(2) r.14) REGISTRATION CATEGORIES AND FEES No. Appliance Category Registration fees per model (KSh.) Replacement fees per model (KSh.) 1. Refrigerating Appliances R 5,000.00 1,000.00 2. Non-Ducted Air Conditioners AC 5,000.00 1,000.00 3. Computer Monitors CM 5,000.00 1,000.00 4. Computers C 5,000.00 1,000.00 5. General Service Lamps GSL 5,000.00 1,000.00 6. Three phase induction motors M 5,000.00 1,000.00 FOURTH SCHEDULE (r.11(1)) DATA SUBMISSION FORMAT 1. Manufacturers S/No. Name of Manufacturer Category Brand Model Number Quantity of Appliances manufactured 1. 2. 3. 4. 30th May, 2025 THE KENYA GAZETTE 2. Importers S/No. Name of Importer Category Brand Model Number Quantity of Appliances Imported 1. 2. 3. 4. Dated the 24th April, 2025. DANIEL K. BARGORIA, Director-General, MR/6471425 Energy and Petroleum Regulatory Authority,