GAZETTE NOTICE NO. 4117

WHEREAS Joseph M'Inyingi Kiringuri (deceased), is registered as proprietor of those pieces of land containing 0.020 and 0.020 hectare or thereabouts, known as IthimalNtunene/2493 and 2494, respectively, situate in the district of Meru North, and whereas the chief magistrate's Court at Meru in succession cause No. 312 of 2006, has issued grant of letters of administration to (1) Eliphas Nthiori M'Inyingi and (2) Charles Taitumu Inyingi, and whereas the land title deeds issued earlier to Joseph M'Inyingi Kiringuri (deceased) have been reported missing or lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deeds and proceed with registration of R. L. 19 and R. L. 7, and upon such registration the land title deeds issued earlier to the said Joseph M'Inyingi Kiringuri (deceased), shall be deemed to be cancelled and of no effect. Dated the 4th May, 2018. D. M. KAMANJA, MR/4790 192 Land Registrar, Meru North District. GAZETFE NOTICE NO.4118 THE LAND REGISTRATION ACT (No.3 of2012) REGISTRATION OF INSTRUMENT WHEREAS Omuodo Ochieng (deceased), is registered as proprietor of that piece of land containing 2.6 hectares or thereabout, known as West Kasipul/Konyango Kokal/663, situate in the district of Rachuonyo, and whereas the principal magistrate's court at Oyugis in succession cause No. 124 of 2017, has issued grant of letters of administration and certificate of confirmation of grant in favour of Thomas Otieno Omwodo, and whereas all efforts made to trace the land title deed have failed, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I shall dispense with the production of the said land title deed and proceed with registration by transmission R.L. 19 to read Thomas Otieno Omwodo, and upon such registration the land title deed issued earlier to the said Omuodo Ochieng (deceased), shall be deemed to be cancelled and of no effect. Dated the 4th May, 2018. E. 0. ABUNDU, MR/4790181 Land Registrar, Rachuonyo District. GAZETFE NOTICE NO.4119 THE LAND REGISTRATION ACT (No.3 of 2012) REGISTRATION OF INSTRUMENT WHEREAS Paul Otira (deceased), is registered as proprietor of that piece of land containing 1.7 hectares or thereabout, known as Central Kasipul/KamumaJ804, situate in the district of Rachuonyo, and whereas the senior principal magistrate's court at Oyugis in succession cause No. 155 of 2017, has issued grant of letters of administration and certificate of confirmation of grant in favour of (1) Elizabeth Agoro Otira and (2) Monica Atieno Otira, and whereas all efforts made to trace the land title deed have failed, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I shall dispense with the production of the said land title deed and proceed with registration by transmission R.L. 19 and R.L. 7 to read (1) Elizabeth Agoro Otira and (2) Monica Atieno Otira, and upon such registration the land title deed issued earlier to the said Paul Otira (deceased), shall be deemed to be cancelled and of no effect. Dated the 4th May, 2018. E. 0. ABUNDU, MR/48 12892 Land Registrar, Rachuonyo District. GAZETFE NOTICE No. 4122 GAZETI'E NOTICE NO. 4120 THE LAND REGISTRATION ACT (No.3 of 2012) REGISTRATION OF INSTRUMENT WHEREAS Jacob Obondo (deceased), is registered as proprietor of that piece of land containing 1.3 hectares or thereabout, known as Central Kasipul/KamumaJ1064, situate in the district of Rachuonyo, and whereas the High Court at Kisumu in succession cause No. 43 of 2010, has issued grant of letters of administration and certificate of confirmation of grant in favour of (1) Jeremiah Aoko Apollo and (2) Imah Aoko Apollo, and whereas all efforts made to trace the land title deed have failed, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I shall dispense with the production of the said land title deed and proceed with registration by transmission R.L. 19 and R. L. 7 to read (I) Jeremiah Aoko Apollo and (2) Imah Aoko Apollo, and upon such registration the land title deed issu'ed earlier to the said Jacob Obondo (deceased), shall be deemed to be cancelled and of no effect. Dated the 4th May, 2018. E. 0. ABUNDU, MR/4790181 Land Registrar, Rachuonyo District. GAZETrE NOTICE No.4121 THE LAND REGISTRATION ACT (No.3 of 2012) REGISTRATION OF INSTRUMENT WHEREAS Kimeli arap Choge, of P.O. Box 19, Kericho in the Republic of Kenya, is registered as proprietor of that piece of containing 2.4 hectares or thereabout, known as NandilBaraton/622, Situate in the district of Nandi, and whereas the principal magistrate's court at Kapsabet in succession cause No.23 of 2003, has issued letters of administration to Ismael Choge, and whereas the title deed issued earlier to Kimeli arap Choge is lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with issuance of a new title deed, and upon such registration the land title deed issued earlier shall be deemed to be cancelled and of no effect. Dated the 4th May, 2018. W. K. SIRMA, MR14790 151 Land Registrar, Nandi District. THE LAND ACT (No. 6 of 2012) CONSTRUCTION OF COMMUNITY WATER SUPPLY PROJECT DOWNSTREAM OF THIKA DAM (GATANGA WATER SUPPLY) INTEI'rnoN TO CREATE A RIGHT OF WAY (WATER PIPELINE WAYLEAVE) IN PURSUANCE of sections 112 and 162 (2) of the Land Act, 2012, the National Land Commission gives notice that the Government intends to acquire the following land parcels in furtherance to construction of community water supply downstream of Thika Dam (Gatanga Water Supply Project) on behalf of Athi Water Services Board in Murang'a County for public purpose. Parcel No. Registered Owner Affected Area (Ha.) Loc 1 Chomo/389 Samuel Kiarie Kinyanjui 0.016 Loc I Chomo/390 SamuetKiarie Kinyanjui 0.008 Loc 1 Chomo/432 Joel Kamau Mwangi 0.024 Loc 1 Rwegethal203 Ngaruiya Ngugi 0.057 - Loc! Rwegethal303 Kirangi Ngugi 0.057 Loc 1 Rwegethal202 Sporah Wachuka Ngugi 0.146 Locl Rwegetha/216 Kinuthia Mbochi 0.015 Loc 1 Rwegethal3 14 Mwangi Karanja 0.073 Loc 1 Rwegetha/318 Francis Mwaura Ngugi/Karuri Kahiga/Kamau Kahiga 0.024 Locl Rwegethal67 Ngugi Mukura 0.138 Locl Rwegetha/96 Mwangi Karanja 0.074 Locl6 GaturaJ898 Stephen Mwaura Mugayania 0.247 Loc 1 Chomo/641 Joseph Wainaina Mangara 0.015 4th May, 2018 THE KENYA GAZETTE 11 1265 Parcel No. Registered Owner Affected Area (Ha.) Loc 1 Chomo/617 Muchemi Karuga 0.049 Loc 1 Chomo/100 Wainaina Mwariri 0.06 Loc 1 Chomo/217 Kamau Gatuthu 0.054 Loc I Chomo/325 Mugo Kiarie 0.0198 Loci Chomo/216 Ruth Nyokabi Mukuria 0.015 Loc 1 Chomo/730 Jotham Njami Mwariri 0.018 Loci Chomof460 Keri Wanliru Gitau 0.014 Loci Chomo/462 David Kianii Ndaba 0.031 Loci Chomo/226 Kianie Karwigi 0.025 Loci Chomo/69 Kiarii Muhia 0.021 Loci ChomoI249 I Mary Wanjiru GithiorafJane Njeri Githiora 0.059 Loci Rwegethal559 I Raphael Kimani 0.003 Plans of the affected land may be inspected during office hours at the office of the National Land Commission, Ardhi House, 3rd Floor, Room No. 305, 1st Ngong Avenue. Dated the 19th April, 2018. MUHAMMAD A. SWAZURI, MR14790221 Chairman, National Land Commission. GAZETFE NOTICE No.4123 THE PHYSICAL PLANNERS REGISTRATION ACT (Cap. 536) REGISTERED PHYSICAL PLANNERS PURSUANT to section 8 (3) of the said Act, the Registrar of the Physical Planners Registration Board notifies the public that the following registered physical planners appear in the register. Reg No. Name Address Qualification Business Name 0001 *Pjan. T.S.G. Makunda P.O. Box 21209-00505, Nairobi MA (Planning) TSG Makunda and Associates 0002 *Plan. Jane M. Manasseh P.O. Box 43657-00100, Nairobi MA (Planning) International Project Planning and Management 0003 *Plan. David M. Mutiso P.O. Box 44934, Nairobi BA (Arch) Diploma (Town Planning) DMM 0004 *plan. Gilbert J. Njau P.O. 57760, Nairobi MA (Planning) Gilbert J. Njau 0005 *Plan, Jobson J. Ngari P.O. Box 72717, Nairobi MA (Planning) Jobson J. Ngari 0006 *Plan. Peter M. Kibinda P.O. Box 75958-00200, Nairobi MA (Planning) Consulting Planning Services 0007 *plan, Renson K. Mbwagwa P.O. Box 2908-00100, Nairobi MA (Planning) Centre for Urban and Regional Planning 0008 *plan, Peter M. Kinyua P.O. Box 723, Embu MA (Planning) Metro Planning Consultants 0009 *plan. Patrick H. K. Kinyanjui P.O. Box 121-0092, Kikuyu MA (Planning) Patrick H. K. Kinyanjui 0010 *Plan. Rosemary W. Wachira P.O. Box 102843-00100, Nairobi MA (Planning) Centre for Sustainable Resource Development 0011 *plan. Rose W. Githua P.O. Box 12484, Nakuru MA (Planning) R.G. Plantech Consourtium 0014 "Plan. George 0. Onyiro P.O. Box 1400400100, Nairobi MA (Planning) Planbest Consultants 0015 *Plan. Njiru M. Nthiga P.O. Box 84523, Mombasa MA (Planning) Njiru M. Nthiga 0016 "Plan. John M. Ohas P.O. Box 58710-00200, Nairobi BA, Diploma (Planning) John M. Ohas and Associates Consulting Urban and Regional Planners 0019 *plan, Henry M. Kamuchere P.O. Box 4427-00506, Nairobi BA (Arch) MA (Planning) Henry M. Kamuchere 0023 *Plan, Johnson M. Ruthuthi P.O. Box 718, Karatina. MA (Planning) Johnson M. Ruthuthi 0025 *plan. Evans 0. Mairura P.O. 15692-00100, Nairobi MA (Planning) Kenmit Bill Engineers and Planners 0026 *plan. Hellen K. Nzainga P.O. 30197, Nairobi MA (Planning) Penman Consultants 0028 *plan. Patrick T. Odongo P.O. Box 57255, Nairobi MA (Planning) Patrick T. Odongo 0029 *plan. Bernadette W. Mwaniki P.O. Box 5436-00100, Nairobi MA (Planning) Townscape Consulting Planners Limited 0030 *Plan. Dan K. Kiara P.O. Box 741, Embu MA (Planning) 0031 *plan. Henry M. Mwau P.O. Box 1555-00200, Nairobi MA (Planning) Real Plan Consultants 0032 Plan. Rose K. Muema P.O. Box 7821, Nairobi MA (Planning) 0033 *Plan. Michael N. Wangaruro P.O. Box 6277, Nairobi MA (Planning) Ndichu and Associates 0037 *plan. Steven G. Njuguna P.O. Box 74707, Nairobi MA (Planning) Urban, Regional Environmental, Planners International Limited (UREPI). 0038 *Plan. Timothy G. Ndorongo P.O. Box 2459-01000, Thika MA (Planning) Geo-Spatial Systems Limited 0040 Plan. Dr. Herbert Musoga P.O. Box 45025-00100, Nairobi MA (Planning) PhD 0043 *Plan. David N. Rukunga P.O. Box 310-60200, Meru MA (Planning) Ntara and Associates 0044 Plan. Rose M. Mugita P.O. Box 45025, Nairobi MA (Planning) Reg No. Name Address Qual(fication Business Name 0045 Plan. Timothy W. Mwangi P.O. Box 45025.-00100, Nairobi MA (Planning) 0046 *Plan. Obadiah J. N. Chege P.O. Box 632, Nakuru MA (Planning) Medium Planners; Urban and Rural Development Consultants 01347 *an Dr. Margaret M. Ngayu P.O. Box 8000-00100, Nairobi MA (Planning) Ng'ayu and Associates 0048 Plan. Kefa N. M'banne P.O. Box 51655, Nairobi MA (Planning) Terra Space Consultants 0049 Plan. Juliana K. Mutua - P.O. Box 41965, Nairobi MA (Planning) 0050 *Plan. Enid N. Nyanja P.O. Box 52661 .Nairobi MA (Planning) Enid N. Nyanja 0052 *Plan MichaelM. Gachoki P.O. Box 27513-00506, Nairobi MA (Planning) Two Ems Associates Limited. 0053 *Plan. Dr. Jeremiah A. Nyabuti P.O. Box 600, Ngong Hills MA (Planning), PhD. Jeremiah A. Nyabuti (Dr.) 0054 *Plan. Prof. Isaac K. Mwangi P.O. Box 11072-00100, Nairobi MA (Planning) PhD. Mipango Institute 0056 *Plan. Dr. Lawrence S. Esho P.O. Box 2908-00100, Nairobi MA (Planning) PhD. Lawrence S. Esho (Dr.) 0057 Plan. Patrick S. Adolwa P.O. Box 42613, Nairobi MA (Planning) 0058 *Plan Prof. Leonard S. Mulongo P.O. Box 7759, Eldoret MA (Planning) PhD. Simu Plan 0059 *Plan William E. 0. Amunga P.O. Box 41225, Nairobi MA (Planning) William E. 0. Amunga 0060 *plan. Agil M. S. Saleh P.O. Box 84003, Mombasa MA (Planning) Spatial Plan System 0061 *plan. Abubakar A. Maddy P.O. Box 83777, Mombasa MA (Planning) Archplan Analysis 0063 *Plan Wilson K. Njora P.O. Box 67144-00200, Nairobi MSC (Urban Development Planning) Plumbline Consultants 0064 *PIan Irene Cheptoo Keino, MBS P.O. Box 45897-00100, Nairobi MA (Planning) Eco Plan Management Limited 0065 *plan. Christopher N. Omare P.O Box 5954, Nairobi MA (Planning) Christopher N. Omare 0066 Plan. Charles 0. Konyango P.O. Box 372, Nakuru MA (Planning) 0067 *plan. James G.M. Michoma P.O. Box 983, Nakuru MA (Planning) Nakuplan Consultants 0068 Plan. Pens C. K. Mang'ira P.O. Box 45025, Nairobi MA (Planning) 0069 Plan. Augustine K. Masinde P.O. Box 45025, Nairobi MA (Planning) 0070 *plan. Salim M. Jabu P.O. Box 45025, Nairobi MA (Planning) M. Jabu 0072 *plan. Lincoln K. Karingi P.O. Box 10982-00100, Nairobi MA (Planning) Habitat Planners 0073 *plan. Geoffrey Njoroge P.O. Box 1364, Nairobi MA (Planning) Eco plan Kenya 0074 Plan. Peter M. Mwaura P.O. Box 77940, Nairobi MA (Planning) 0075 Plan. Vicky K. Liyai P.O. Box 45025, Nairobi MA (Planning) 0076 Plan. Disterius 0. Nyandika P.O. Box 45025, Nairobi MA (Planning) 0077 *Plan. Dr. Musyimi M. Mbathi P.O. Box 7958-00300, Nairobi MA (Planning) PhD. Dr. Musyimi Mbathi 0079 Plan. John S. Okayana P.O. Box 981, Kakamega MA (Planning) 0080 *plan. Prof. Grephas P. Opata P.O. Box 7372, Eldoret MA (Planning), PhD. Prof. Grephas P. Opata 0081 *plan. Prof. Caleb Mireri P.O. Box 8844, Nairobi MA (Planning) PhD. LER Consultants 0082 Plan. Ruth W. Muroki P.O. Box 3031, Nairobi MA (Planning) 0083 *plan. James M. Kiambigi P.O. Box 75461-00200, Nairobi MA (Planning) Pleng (K) Limited 0085 *Plan. Joyce K. Kariuki P.O. Box 2263, Embu MA (Planning) GEOSCOPE Limited 0086 *plan. Mary W. Wanyoike P.O. Box 7218 1, Nairobi MA (Planning) Curd Plan Consultants 0087 *Plan. Prof. Johnstone M. Kiamba P.O. Box 2851-00200, Nairobi MA (Planning), PhD. Flash Development Planners 0088 *plan. Miriam W. Kebuka P.O. Box 663, Nyeri MA (Planning) Mirium M. Kebuka 0089 *plan. Theresia R. Munyua P.O. Box 4907-00100 Nairobi MA (Planning) R. Munyua 0090 Plan. Dr. Rose M.Musyoka P.O. Box 6360, Eldoret MA (Planning) PhD. 0091 Plan. Charles M. Kagema P.O. Box 45025, Nairobi MA (Planning) 0092 *Plan. Prof. Saad S Yahya P.O. Box 14687, Nairobi PGD (City and Regional Planning) FRICS, PhD. Saad S. Yahya and Associates 0093 *Plan. Prof. George N. Ngugi P.O. Box 3891-00200 Nairobi MA (Planning) PhD. George N. Ngugi 0094 *plan. John K. Kihagi P.O. Box 3891-00200 Nairobi MA (Planning) J. K. Kihagi 0095 Plan. Richard 0. Mareri P.O. Box 45025-00100 Nairobi MA (Planning) 0098 Plan. Rose C. Kitur P.O. Box 45025-00100 Nairobi MA (Planning) 0099 *Plan Dr. Moses K. Otieno P.O. Box 3384-40100 Kisumu MA (Planning) Geoplan Consultants Limited 0100 Plan. Miriam N. Wambugu P.O. Box 30197, Nairobi MA (Planning) 0101 *Plan. Dr. Arthur M. Mwaura P.O. Box 30197, Nairobi MA (Planning) Arthur K. Mwaura 0102 *Plan. John K. Barreh P.O. Box 337230-00600 Nairobi MSc. (Urban Planning) Strategic Urban Development Consultants 0103 *plan. Grace K. Lubaale P.O. Box 64434-00620, Nairobi MSc. (Planning) Grace K. Lubaale 0104 Plan. Lilian K. Kieni P.O. Box 66214-00800, Nairobi MA (Planning) 0106 *Plan. Paul G. Chege P.O. Box 71696-00622, Nairobi MA (Planning) Paul G. Chege 0110 Plan. Joseph M. Mutinda P.O. Box 207, Nzeeka via Nzeeka MA (Planning) 0113 Plan. Charles D. Karisa P.O. Box 26674-00504, Nairobi MA (Planning) 0114 *Plan Dr. Kefa M. Omoti P.O. Box 94, Kitengela MA (Planning) Metsuka-tam Limited 0115 Plan. Lucy I. Simiyu P.O. Box 45025, Nairobi MA (Planning) 0116 *plan. Joel 0. Anyera P.O. Box 61, Butere MA (Planning) J. 0. Anyera 0117 Plan. Alfred M. Mwanzia P.O. Box 45025400100, Nairobi MA (Planning) 0118 Plan. Ann Mary M. Mugo P.O. Box 45025-00100, Nairobi MA (Planning) 0119 *Plan Alfred 0. Eshitera P.O. Box 2672-00100, Nairobi BA (Urban and Regional Planning Planning) MSc. Eka Consulting Services 0120 Plan. Chris D. Kitonga P.O. Box 45025-00100, Nairobi MA (Planning) 0121 *Plan Casty G. Njoroge P.O. Box 45025-00100, Nairobi MA (Planning) I Casty G. Njoroge 4th May, 2018 THE KENYA GAZETTE 1267 Reg No. Name Address Qualification Business Name 0122 Plan. Duncan M. Ndirangu P.O. Box 60180-00200, Nairobi MA (Planning) - 0123 *plan. Fredrick 0. Omondi P.O. Box 540-30600, Kapenguria MA (Planning) Fredrick 0. Omondi 0124 Plan. Marryann R. Mwaniki P.O. Box 45025-00100, Nairobi MA (Planning) 0125 Plan. Alphonce K. Rotich P.O. Box 45025-00100, Nairobi MA (Planning) 0126 1 Plan. Mwaita K. Mwagodi P.O. Box 753, Narok MA (Planning) 0127 Plan. Joseph M. Nchani P.O. Box 823-10400, Nanyuki MA (Planning) 0128 *Plan. Dr. David Nyika P.O. Box 481-00618, Ruaraka MA (Planning) PhD David Nyika (Dr.) 0129 Plan. Eunice M. Kumunga P.O. Box 45025-00100, Nairobi MA (Planning) 0130 Plan. Reuben K. Chege P.O. Box 3010-00200, Nairobi MA (Planning) 0131 *Plan. Isaac M. Nyamweno P.O. Box 6456-00200, Nairobi MA (Planning) 0132 *plan. Dr. Walter Alando P.O. Box 600-30700, Iten BA (Urban and Regional Planning) MSc, PhD Walter Alando (Dr.) 0133 *pIan. Wilfred 0. Omollo P.O. Box 5724-00200 Nairobi MA (Planning) W. 0. OmoIlo 0134 *plan. Naomi A. Mogoria P.O. Box 45025, Nairobi MA (Planning) Naomi A. Mogoria 0135 Plan. Jefferson M. Paul P.O. Box 272, Maua MA (Planning) 0137 Plan. Robert Kiprono P.O. Box 1972, Maragoli MA (Planning) 0138 *plan. Prof. Peter M. Ngau P.O. Box 41610-00100, Nairobi Ph D (Urban Planning) Peter M. Ngau (Prof.) - 0139 Plan. Titus A. Musungu P.O. Box 45025, Nairobi MA (Planning) 0140 Plan. Hannah N. Maranga P.O. Box 34180-00100, Nairobi MA (Planning) 0141 Plan. Linekar N. Bwile P.O. Box 135-40413, Kehancha BA (Urban and Regional Planning) 0142 Plan. Jacktone Kiprop P.O. Box 347-60400, Chuka BA (Urban and Regional Planning) 0143 Plan. Patrick G. Waweru P.O. 45025, Nairobi MA (Planning) 0144 *plan. Stephen Ngari P.O. Box 252, Garissa MA (Planning) Spatial Milestones 0145 *Plan. Newton G. Karuri P.O. Box 8558-00100, Nairobi BA (Urban and Regional Planning) Spatial Design ' Iutions 0146 Plan. Mohamed S. Mwacharo P.O. Box 5245-00506, Nairobi MA (Planning) 0147 Plan. Isaac K. Parashina P.O. Box 105925-00100, BA (Planning) 0148 Plan. Patrick K. Mutai P.O. Box 1484-30100, Eldoret MA (Planning) 0149 Plan. Solomon Ambwere P.O. Box 1925-00200, Nairobi MA (Planning) 0150 *plan. David K. Gatimu P.O. Box 74432-00200, Nairobi MSc. (Urban Planning) D. K. Gatimu 0151 *PIan. Protasio M. Mbui P.O. Box 296-60200 Meru MA (Planning) Eco-Plan SystemsIRenaissance Planning Consultants. 0152 1 *Plan. David K. Gichuki P.O. Box 14066-00100 Nairobi MA (Planning) Geodev (K) Limited 0153 Plan. Gertrude K. Rapong'o P.O. Box 2596-50100 Kakamega MA (Planning) 0154 Plan. Beatrice W. Wangila P.O. Box 1374-30200 Kitale MA (Planning) 0155 Plan. James Mains Mitambo P.O Box 2344-00900 Kiambu MA (Planning) 0156 Plan. Josephat M. Wasua P.O. Box 823-10400 Nanyuki MA (Planning) 0157 *plan. Dr. Job K. Ngetich P.O. Box 767, Kakamega MA (Planning) J. K. Ngetich (Dr.) 0158 Plan. Sarah T. Masaki P.O. Box 64447-0620, Nairobi. MA (Planning) 0159 *pJan. Dr. Mary W. Kimani, P.O. Box 9190-00100, Nairobi MA (Planning) PhD. Mary W. Kimani (Dr.) 0160 Plan. Kenneth N. Bii P.O. Box 295-90300, Makueni BA (Urban and Regional Planning) 0161 *Plan Fawcet 0. Komollo P.O. Box 6895-00100, Nairobi BA (Planning), MA (Planning) Axis Planners and Environmental Consultants (Apex) Limited 0162 *plan. Collins M. Nthuni P.O. Box 7894-00200, Nairobi BA (Planning) C. M. Nthuni 0163 *plan. John M. Mama P.O. Box 691-10100, Nyeri BA (Planning) Clarent Urban Consultants 0164 Plan. John Suit M. Ntabo P.O. Box 63, Busia (K) MA (Planning) 0165 Plan. Caroline W. Mathenge P.O. Box 180, Karatina BA (Urban Planning) 0166 *plan. Cosmas Kyallo Muthembwa P.O Box 70069-00100, Nairobi Msc. (Town Planning) Cosmas K. Muthembwa 0167 Plan. Fred W. Swallah P.O. Box 2002, Malindi MA (Planning) 0168 *Plan. Hellen W. Kamwele P.O. Box 1449, Webuye. MA (Planning) Elena Consultants 0169 Plan. Patrick B. Achoki P.O. Box 1088-00100, Nairobi MA (Planning) 0170 Plan. Reuben Ngeti P.O. Box 558, Kilifi MA (Planning) 0171 Plan. Veronica N. Musee P.O. Box 555-30300, Kapsabet BA (Urban and Regional Planning). 0172 Plan. Emily G. Nyongesa P.O. Box 17555-0010, Nairobi MA (Planning) 0173 *plan. James N. Gachanja P.O. Box 53113-00200, Nairobi BA (Urban and Regional Planning) James N. Gachanja 0174 *pIan. Charles K. Osengo P.O. Box 30197-00100, Nairobi MA (Planning). Charles K. Osengo 0175 Plan. William L. Loka P.O. Box 483-10200, Kerugoya MA (Planning) 0176 Plan. Kennedy B. Nyatwongi P.O. Box 702, Bungoma. MA (Planning) 0177 *plan. Wasike Nalyanya P.O. Box 7434-30100, Eldoret MA (Planning) Wasike Nalyanya 0178 Plan. Daniel K. MMbai P.O. Box 258,Turbo MA (Planning) 0179 Plan. Edward N. Mucheru P.O. Box 37-60400, Chuka BA (Urban and Regional Planning) 0180 *Plan Dr. Silas M. Muketha P.O. Box 76922-00620 Nairobi MA (Planning) Alliance Geo-Enterprise Systems Limited 0181 1 *plan. Bibiana A.R. Omalla I P.O. Box 62093-00200, Nairobi MA (Planning) I Bibiana A. R. Omaha Reg No. Name Aa.lrpss Qualification Business Name 0182 *Plan. James K. Njeru P.O. iiox 5168 1-00 100, Nairobi. BA (Urban and Regional Planning Ecope Consultants 0183 Plan. Sammy S. $hileche P.O. Box 36904-00200, Nairobi. BA (Urban and Regional Planning) 0184 *Plan. Dr. Peter K. Kamau P.O. Box 16634-00620, Nairobi. MA (Planning), PhD. Peter K. Kamau (Dr.) 0185 Plan. Maurice 0. Ochieng P.O. Box 207, Hola BA (Planning) 0186 Plan. Patrick A. Akivaga P.O. Box 30075-00100, Nairobi BA (Urban and Regional Planning) 0187 *plan. Moses 0. Onyango P.O. Box 19449-00100, Nairobi MA (Planning) Global Geosystems Limited 0188 *plan. Solomon Kyeni John P.O. Box 157-00600 Nairobi BA (Urban & Regional Planning) Space Planners Limited 0189 Plan. James 0. Kemoni P.O. Box 67236-00200, Nairobi MA (Planning) 0190 Plan. Domenic Mutegi P.O. Box 17594-00100, Nairobi MA (Planning) 0191 *plan. Eric K. Mumbi P.O. Box 28634-00100, Nairobi BA (Planning) iPlan. Consult (International Limited) 0192 Plan. Domtila Gati P.O. Box 113, Isabania BA (Urban and Regional Planning) 0193 Plan. William K. Cheruiyot P.O. Box 15188-20100, Nakuru MA (Planning) 0194 Plan. George N. Ndung'u P.O. Box 31, Sabasaba BA (Urban and Regional Planning) 0195 Plan. Geoffrey M. Mugendi P.O. Box 2077-00202, Nairobi BA (Urban and Regional Planning) 0196 Plan. Nicholas W. Wanjiru P.O. Box 19938-00202, Nairobi BA (Planning) 0197 *plan Joakim Nyarangi King'oina P.O. Box 59343-00200 Nairobi BA (Planning) GIS Limited 0198 *Plan Juliet Rita P.O. Box 30705-00100, Nairobi BA (Planning) Juliet Rita 0199 Plan. Dennis 0. Abuya P.O. Box 29316-00100, Nairobi BA (Planning) 0200 *plan David Z. Weyusia P.O. Box 24797-00100, Nairobi BA (Planning) Zenith Spatial Planning Agency Limited 0201 Plan. Anthony M. Wambua P.O. Box 190-90100, Nairobi BA (Planning) 0202 Plan. Salome W. Ngigi P.O. Box 61529-00100, Nairobi BA (Urban and Regional Planning) 0203 *Plan. Esther M. Githinji P.O. Box 100881-00100, Nairobi BA (Planning) E and G Spatial Consultants Limited 0207 Plan. Vincent 0. Osewe P.O. Box 7593-40100, Kisumu BA (Urban and Regional Planning) 0209 *plan. Prof. Elijah Njuguna Ndegwa P.O. Box 74505-00200, Nairobi PhD. (Planning) Elijah Ndegwa (Prof.) 0212 Plan. Alice Akinyi Kaumba P.O. Box 60, Kojwang BA (Planning) 0215 *plan. Munira Ally Jadeed P.O. Box 82474, Mombasa BA (Urban and Regional Planning) Munira A. Jadeed 0216 *Plan Cyrus Mbisi Ogutu P.O. Box 27674-00100, Nairobi. BA (Planning) C. M. Ogutu 0217 Plan. Sammy Ngave Kathike P.O. Box 45025-00100, Nairobi. BA (Urban and Regional Planning) 0218 Plan. Sammy Muyeyia P.O. Box 564, Eldoret BA (Urban and Regional Planning) 0219 Plan. Nahashon Ndungu Mucheru P.O. Box 33 1-60100, Embu BA (Planning) 0220 Plan. Jeremiah Waswa Wanyonyi P.O. Box 1364-00502, Nairobi BA (Urban and Regional Planning) 0221 Plan. Mary Kamene Ngundo P.O. Box 44417-00100, Nairobi BA (Urban and Regional Planning) fl * Plan. Alice Adero Menya P.O. Box 42325-00100, Nairobi BA (Planning) A. A. Menya * Plan. Nancy Asiepet Okodoi P.O. Box 38663-00100, Nairobi BA (Planning) N. A. Okodoi * Plan. Willy Gikonyo Gitau P.O. Box 481-0100, Thika BA (Urban Planning) W. G. Gitau 0226 * Plan. Meshack Leina Kilesi P.O. Box 41176-00100, Nairobi BA (Planning) M. L. Kilesi 0227 Plan. Martin Muruiki Wanyamu P.O. Box 23161-00100, Nairobi BA (Planning) 0228 Plan. Naomi Wanjiru Kamau P.O. Box 52929-00200, Nairobi BA (Planning) 0229 *plan. Onesimus Musyoki P.O. Box 1555-00200, Nairobi BA (Planning) Onesimus Musyoki 0230 Plan. Jane Wanjiku Mwaniki P.O. Box 22704-00100, Nairobi BA (Planning) 0231 *plan. Catherine Wanjiku Kinyanjui P.O. Box 13178-00200, Nairobi BA (Planning) C.W Kinyanjui 0232 *Plan. Charles Baraka Mwau P.O. Box 213-90130, Nunguni BA (Planning) C. B. Mwau 0233 *plan. Hellen Njoki Wanjohi P.O. Box 8639-00200 Nairobi BA (Planning) H. N. Wanjohi 0234 Plan. Malitinus Mains Onguso P.O. Box 673-40202, Keroka BA (Urban and Regional Planning) 0235 *plan. Ronald Matende Omwoma P.O. Box 200500-1153, Bungoma MA (Planning) R. M. Omwoma 0236 Plan. Justine Mayaka Nyaroo P.O. Box 4472, Kitale BA (Planning) 0237 *Plan Dr. Emmanuel Paul Ooko Midheme . P.O Box 9814-40140, Kisumu BA (Urban and Regional Planning), Ph.D E.P Ooko Midheme (Dr.) 0238 Plan. Elizabeth Wanjiru Mburu P.O Box 120-60200, Meru BA (Planning) 0239 Plan. Judith Mong'ina P.O Box 314-00507, Nairobi BA (Planning) 4th May, 2018 THE KENYA GAZETTE 1269 Reg No. Name Address Qualification Business Name ______ Nyamongo 0240 Plan. Winston Sakwa P.O Box 437-50200, Bungoma BA (Urban and Regional Planning 0241 Plan. Peter Getangita Chacha P.O Box 24285-00100, Nairobi MA (Planning) 0242 Plan. Mukesh Patel P.O Box 63030-00200, Nairobi MA (Urban and Regional I Planning) *Registered physical planners with valid practicing certificates for 2018 and are allowed to carry Out business as practicing physical planners. Section 21(2) of the Physical Planners Registration Act 3 of 1996 makes it an offence for any unregistered individual, partnership or body corporate to practice as a physical planner. Any person, who does so, shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding twelve (12) months or both. Dated the 19th April, 2018. ALFRED M. MWANZIA, MR/4790124 Registrar. GAZETFE NoTICE No.4124 THE ENERGY ACT (No. 12 of 2006) IN EXERCISE of the powers conferred by section 102 of the Energy Act, 2006, the Cabinet Secretary for Energy and Petroleum makes the following regulations:- DRAFT ENERGY (LIQUEFIED PETROLEUM GAS) REGULATIONS, 2018 FOR PUBLIC COMMENTS These regulations may be cited as the Energy (Liquefied Petroleum Gas) Regulations, 2018. In these regulations, unless the context otherwise requires:- "Agent" means a person appointed in writing by the Commission to perform any of its functions; "Alteration" means any act of converting, transforming, replacement or removal of existing and embossed or stamped brand owner's markings from an LPG cylinder, including, but not limited to grinding, flattening, application of putty, replacement of collar, replacement of valves, unauthorized repainting, replacement of foot- rings, re-labeling, or by any other means; "BLEVE" is an acronym for Boiling Liquid Expanding Vapor Explosion caused by sudden and often catastrophic yielding of the metal due to external heat and excessive internal vapor pressure. In the context of these Regulations the liquid referred to is LPG in liquid phase and in a pressurized receptacle; "Brand owner" means a person who possess intellectual property rights over a brand, name, logo, colour, mark, and or any other distinction of LPG cylinders as registered with the Kenya Industrial Property Institute or other appropriate intellectual property rights agency; "Bulk LPG" means LPG of a quantity exceeding eighty (80) kilograms; "Bulk storage" means storage of a capacity exceeding eighty kilograms; "Care-taker brand owner" means a licensee in good standing and appointed by the Commission to operate a distressed brand owner's LPG cylinders; "Commission" means the Energy Regulatory Commission established under the Energy Act; "Consumer site" means a facility used to store bulk LPG for own consumption by an end user; "Cylinder" means an LPG receptacle conforming to the specifications of KS ISO 4706 - 1989 or the prevailing Kenya Standards for steel cylinders as approved by the National Standards Council of the Kenya Bureau of Standards; "Distressed brand owner" means a brand owner who has been declared insolvent, bankrupt or has failed to meet requirements for renewal of his license for more than three (3) months on expiry of the last licence; "LPG cylinder deposit" means a refundable amount of money paid by a consumer to facilitate use a brand owner's returnable and exchangeable LPG cylinder to contain the purchased LPG until such a time that it is depleted and is due for re-fill; "Distributor" means a licensed person solely appointed by a brand owner and engaged in the business of purchase and sale of liquefied petroleum gas in cylinders of that brand owner to consumers; "Filling or Re-filling" means the packaging of LPG into cylinders; "Fire safety expert" a responsible fire safety professional registered by the Department of Occupational Safety and Health Services "Import route" means the designated or prescribed import route under the East African Community Customs Management Act, 2004; "Kenya Standard" means the specification or code of practice declared by the National Standards Council under section 9 of the Standards Act; "Licensee" means person who is a holder of a petroleum business licence issued under the Act; "Liquefied petroleum gas (or LPG)" means a mixture of butane and propane conforming to KS 03-91 of 1985 or the prevailing standards as approved by the National Standards Council of the Kenya Bureau of Standards; "LPG storage" means the storing of LPG in premises consisting of one or more tanlcs in transit or for sale; "Mutual LPG cylinder exchange" means an association of brand owners who have a mutual agreement on collection of empty cylinders in exchange of the brand owners filled cylinders; "Repair" means the replacement of collar, foot rings, valves or repainting of LPG cylinders; "Re-qualification" means the method or procedure by which an LPG cylinder is subjected to inspection and re-evaluation in accordance with the prescribed specifications and any other standards prescribed by the Kenya Bureau of Standards governing the method of requalification of cylinders for LPG to determine its acceptability for continuous use and distribution and subsequent repair or scrappage where appropriate; "Retail" means a form of distribution of LPG whether by reticulated systems or in cylinders by which means the LPG is customarily sold to consumers other than for the purpose of resale; "Reticulated piped gas system" supply of LPG through a network of pipes from a centralized storage vessel(s); "Premises" include any - vehicle, vessel aircraft or hovercraft; or installation on land, foreshore or land intermittently covered by water, any offshore installation or any other installation whether floating, or resting on seabed or the subsoil, or resting on other land covered with water or the subsoil; "Port of entry" means a place, whether on the coast or elsewhere, appointed by the Council by notice in the Gazette, subject to any limitations specified in the notice, to be a port for the purposes of the East African Community Customs Management Act, 2004; "Professional engineer" An engineer registered to practice in Kenya by the Engineers Board of Kenya; "Scrappage" means the destruction of defective cylinders declared by a revalidation centre to be unfit; "Seal" means a cap placed on the valve of the cylinder for the purposes of preventing ingress of water or dust into the valve and for the purpose of identifying a legitimately re-filled LPG cylinder; "Standard capacity cylinder" means a cylinder with a capacity of 1, 3,6 or 13 kilograms fitted with a unified valve; "Unified valve" means the valve type whose specifications conforms to the Kenya Standard KS 201:2010 for standard capacity LPG cylinders valves as approved by the National Standards Council of the Kenya Bureau of Standards; and "Wholesale" means a form of distribution of LPG in bulk or in cylinders by which LPG is customarily sold for the purpose of resale. 3. These regulations shall not apply to the Kenya Defence Forces. Requirements for License for LPG Licence 4. (a)A person shall not undertake the business of import, export, storage, wholesale and transport of LPG in bulk except in accordance with the terms and conditions of a valid license issued under the Act by the Commission or its agents. A person shall not undertake the business of filling, Storage, transport, wholesale and retail of LPG in cylinders except in accordance with the terms and conditions of a valid license issued under the Act by the Commission or its agents. A person who wishes to undertake LPG business shall make an application for a license to the Commission or its agents in the prescribed manner and as guided by the First Schedule. An application under (c) above shall be accompanied by the documents specified in the First Schedule and the fees set forth in the Fourth Schedule. 5. (a)The Commission may request for any such additional information as may be deemed necessary in the determination of a license application. (b) Licenses for LPG businesses will be in the form set out in the Third Schedule. 6. (a)A license shall be valid for the period specified in the Act An application for renewal of license shall be made in the form set forth in the Second Schedule and such an application should be made at least thirty (30) days prior to the expiry of such a license. The application in (b) above shall be accompanied by the documents specified in the Second Schedule and the fees set forth in the Fourth Schedule. Any application for renewal of license after the period prescribed in (b) above shall attract a penalty of 20% of the license fee. 7. (a) A person shall not undertake the importation of LPG in bulk except in accordance with terms and conditions of a valid license issued under the Act by the Commission or its agents. An application for license for import of LPG in bulk shall meet the criteria set forth in the First Schedule. A person licensed to import LPG into Kenya shall only do so through the gazzeted import routes by the Kenya Revenue Authority. A person licensed to import LPG in bulk shall submit to the Commission the following information with respect to the preceding month on or before the 10th day of each calendar month - total quantity in metric tons of bulk LPG imported; the source of the imports in (i) above; the total quantity in metric tons of bulk LPG sold in the local market; the total quantity in methc tons of bulk LPG sold in the export market; list of bulk sales to customers indicating quantity in kilograms, dates and places of delivery. in case the sales include LPG in cylinders, the importer shall declare the total LPG filled in the cylinders for the specified period. (e) A person licensed to import LPG in bulk shall not offer for sale, or part with possession of bulk LPG to any person unless such a person is in possession of a valid bulk LPG license issued under the Act or to a consumer for their own use. (J) Where bulk LPG is sold to an own use customer, it shall be the duty of the LPG importer to terminate further supply of LPG to that customer where there is evidence of refilling of LPG into cylinders or further trade in the LPG supplied without the requisite license from the Commission. (g) A person who contravenes sub-regulations (c), (d), (e) and/or (f) above shall be liable to the fine set forth in the Fifth Schedule. 8. (a) A person shall not undertake the storage of LPG in bulk except in accordance with the terms and conditions of a valid license issued under the Act by the Commission or its agents. (b) Prior to putting up a storage facility, the developer shall be required to obtain a construction permit from the Commission. (c) An application letter for a construction permit for a LPG storage facility shall give the following details- legal capacity of the proponent; exact location of the site including land registration number; capacity of the storage facility; and the scope of the project. (d) The application in Regulation 8(c) above shall be accompanied by (but not limited to) the following documents- business registration documents of the proponent; identification documents of the directors or owners of the LPG development project; economic model of the LPG storage facility with justification of its viability; copy of title deed in the name of the owner(s) or a duly executed and registered lease agreement of not less than ten (10) years; environmental Impact Assessment (EIA) license from the National Environment Management Authority; development approval from the respective County Government with jurisdiction over the subject land; construction shall be prohibited where the land encroaches a power line, class A and B road, a railway or a petroleum pipeline wayleave/ right of way or under a designated flight path; evidence of compliance to the Physical Planning Act or any other legislation on the regulation spatial planning in Kenya and the subject County; Detailed design drawings of the LPG storage tank(s) from the manufacturer whose suitability for use shall be endorsed by a professional mechanical engineer; detailed design drawings for the tank saddle, drainage, gas traps done and or approved by a professional civil engineer; detailed designs for the firefighting equipment and systems done by a professional engineer and approved by a Fire Safety Expert approved by DOSHS; and designs in 8(d)(xi) above shall be accompanied by a Write up and calculations showing adequacy of the designs for prevention of BLEVE. 4th May, 2018 THE KENYA GAZETTE 1271 (e) An application for a bulk LPG storage facility license shall meet the criteria set forth in the First Schedule. (1) Where LPG k s si :red in bulk in more t1 one facility, a separate license shall be obtained for each facility. 9. (a) Prior to putting up an own use bulk LPG storage facility, the owner shall be required to obtain a construction permit from the Commission. (b) An application letter for a construction permit for ai' '-: use LPG storage facility shall eive°'' "- uwing details- legal capacity of the proponent: exact location of the site including land registration number; capacity of the storage facility: and the scope of the project. (c) The application in Regulation i)(b) above shall be accompanied by (but not limited to) the following documents- business registration documents of the proponent; identification documents of the directors or owners of the LPG development project; justification for the LPG storage facility; copy of title deed in the name of the owner(s) or a duly executed and registered lease agreement of not less than ten (10) years; environmental Impact Assessment (EIA) license from the National Environment Management Authority; development approval from the respective County Government with jurisdiction over the subject land; detailed design drawings of the LPG storage tank(s) and associated pipework shall be endorsed by a professional mechanical engineer; and an above ground storage vessel shall have a minimum space of 15 meters from any building and a mounded or underground storage vessel shall have a minimum of 5 meters from the foot of any building. 10. (a) The owner or operator of a bulk LPG storage facility shall not load to or discharge LPG from unlicensed LPG bulk transport vehicles. (b) The owner or operator of a bulk LPG storage facility shall not allow LPG bulk transport vehicles to be driven into his facility by a driver who is not in possession of a valid certification as a petroleum tanker driver. 11. (a) A person shall not acquire standard capacity LPG cylinders and valves for use in Kenya if the cylinders and the valves do not conform to the Kenya standards. (b) All new cylinders acquired shall be declared to the Commission not later than two (2) calendar months of such acquisition. (c) The declaration in 11(b) above shall include- the capacities and number of LPG cylinders imported or manufactured locally; the landed cost of the cylinders inclusive of all taxes for imported cylinders or ex-factory cost inclusive of all applicable taxes for locally manufactured cylinders; the manufacturer's name and the country of origin of the cylinders; and serial number for each cylinder. (d) A person who contravenes sub-regulation 11 (a). above shall be liable to fines set forth in the Fifth Schedule. 12. (a) A person shall not undert.ke, filling of LPG into cylinders except in accordance with the terms and conditions of a valid license issued under the Act by the Commission or its agents. (b) An application for license to fill LPG into cylinders shall meet the criteria set forth in the First Schedule. A person shall not fill LPG into cylinders unless they are the brand owner or they have, authority of the cylinder brand owner through a written contract or similar instrument and whose copy shall be deposited with the Commission. A person licensed to fill LPG into cylinders shall not fill LPG into cylinders that do not conform to KS 06 -. 896. The licensee in Regulation 12(a) above shall ensure that all filled cylinders- have accurate net weights indicated on the body of the cylinder; are fitted with an appropriate seal; using appropriate technology, keep records by unique serial numbers, capacities and net weights; and have appended on the body of the cyiier relevant and legible safety message as shown in the Sixth Schedule. 13. The following acts shall constitute unauthorized refilling and any person who commits these acts shall be liable to fines set fo: the Fifth Schedule- refilling of LPG cylinders by a person or entity other than the rightful brand owner thereof, unless an express permission is granted by the brand owner for such refilling as evidenced by a written contract or similar instrument deposited at the Commission; refilling of LPG cylinders without the embossed markings or other in ation of the brand or trade name thereof, or bearing defaced, tampered or illegible markings; refilling of LPG cylinders due for repair, requalification or scrappage; refilling of LPG cylinders directly from a bulk LPG road tank truck; decanting LPG from one LPG cylinder to another; refilling of LPG cylinders other than in LPG refilling plants licensed by the Commission; refilling of LPG cylinders with products or substances other than LPG in an effort to achieve the correct net weight; refilling of LPG cylinders with LPG that does not meet the Kenya Standard; possession of cylinder seals bearing similar markings to another competitor's brand without the express authority of that cylinder brand owner through a written contract or similar instrument deposited with the Commission; release of filled LPG cylinders into the market without seals; and trading in filled LPG cylinders belonging to another brand owner without the express authority of the cylinder brand owner through a written contract or similar instrument deposited at the Commission. 14. The following acts which are performed without the express authority of the brand owner shall constitute willful damage of that brand owner's cylinder(s) and any person who commits these acts shall be liable to fines set forth in the Fifth Schedule- altering the brand name, symbol or any marking on the cylinder that identifies the brand of the cylinder; defacing or damaging the appearance of the cylinder with the intention of damaging the reputation of the cylinder brand; removal and or replacement of valves and safety relief valves; scrappage of empty cylinder(s) belonging to another brand owner; and any form of repair or submitting for maintenance a cylinder belonging to another brand owner. 15. (a) A person shall not undertake transport of bulk LPG by road, except in accordance with the terms and conditions of a valid license issued under the Act by the Comr'.ision or its agents. 1272 - THE KENYA GAZETTE 4th May, 2018 An application for a license to transport LPG in bulk shall meet the criteria set forth in the First Schedule. A person licensed to transport LPG in bulk shall not permit any of their road transport vehicles to load from or discharge LPG into a LPG bulk storage facility that does not possess a valid storage license under these Regulations where such a facility is not an end consumer. A person who contravenes sub-regulation (c) above commits an offence and shall be liable to the fine set forth in the Fifth Schedule. 16. (a) A person shall not transport more than three (3) filled LPG cylinders to a maximum combined weight of fifty (50) kilograms by road, except in accordance with the terms and conditions of a valid license issued under the Act by the Commission or its agents. An application for a license to transport LPG in cylinders by road shall meet the criteria set forth in the First Schedule. A person licensed to transport LPG cylinders by road shall not permit any of their road transport vehicles to load from or off- load to a non-licensed storage filling facility, wholesaler or retailer. LPG cylinders road transport vehicles shall be in possession of a minimum of two (2) of 9 Kg capacity and fully serviced dry powder fire extinguishers one (1) fitted on either side of the vehicle. In any case transportation of LPG in cylinders must comply with the Kenya Standards as set by the Kenya Bureau of Standards 17. (a) A person shall not undertake the business of wholesale distribution of LPG in cylinders except in accordance with the terms and conditions of a valid license issued under the Act by the Commission or its agents. An application for license for wholesale distribution of LPG in cylinders shall meet the Criteria set forth in the First Schedule. A person shall not undertake wholesale distribution of LPG cylinders without the express authority of the cylinder brand owner through a written contract or similar instrument deposited at the Commission. A person licensed to undertake wholesale distribution of LPG in cylinders shall not distribute LPG in cylinders that do not conform to KS 06– 896. A person licensed to undertake wholesale distribution of LPG in cylinders shall maintain a record of all the LPG cylinders purchased and sold. (J) The records in 17 (e) shall contain at the minimum the following information and shall be maintained for a period of not less than 365 days- the serial number of each cylinder; the brand of each cylinder; date of purchase of each cylinder; the name of the business entity from which the cylinders were bought; date of resale of each cylinder; the name of the retail distributor to which the cylinders were sold; and the net weight of each cylinder sold. (g) A person who contravenes this Regulation commits an offence and will liable to the fine Set forth in the Fifth Schedule. 18. (a) A person shall not undertake the business of retail distribution of LPG in cylinders except in accordance with the terms and conditions of a valid license issued under the Act by the Commission or its agents. (b) An application for license for retail distribution of LPG in cylinders shall meet the criteria set forth in the First Schedule. A person shall not undertake the business of retail distribution of LPG cylinders without the express authority of the cylinder brand owner through a written contract or similar instrument. A person shall not stock, display or offer for retail LPG in cylinders that do not comply with KS 06– 896. A person licensed to undertake the business of retail distribution of LPG in cylinders shall issue consumers with a receipt that shall have the following information at minimum- the name, address and telephone number of the retailer; the name and telephone number of the consumer; the date of the sale; the brand of the cylinder sold; the serial number of the cylinder sold; the net weight in kilograms of the cylinder sold; and the unit and total price of the transaction. 05 A person who being an LPG cylinder retail distributor who contravenes this Regulation commits an offence and is liable to the fines set forth in the Fifth Schedule. 19. (a) A person shall not undertake the exportation of LPG in cylinders except in accordance with the terms and conditions of a valid license issued under the Act by the Commission or its agents (b) A person who wishes to export of LPG in cylinders shall obtain express authority of the LPG cylinder brand owner through a written contract or similar instrument. 20. (a) Every brand owner shall ensure that all their LPG cylinders are in a good state of repair and are re-qualified in accordance with the applicable Kenya Standard. Brand owners shall maintain a list of their authorized LPG fillers, wholesalers and retailers Brand owners shall maintain records of the serial numbers and date of re-qualification of all cylinders whether filled by it or on its behalf on hospitality basis by a person licensed to fill LPG into cylinders. Brand owners shall maintain the serial numbers and date of sale of all cylinders delivered to their authorized wholesale distributors. Brand owner shall provide training and information to their approved cylinder fillers, wholesale distributors and retailers on the safe storage and handling of LPG. (/5 Brand owners shall ensure that their cylinders are affixed with a notice informing consumers on the safe use, storage and handling of LPG cylinders. A brand owner shall obtain an appropriate insurance against injuries to consumers or third parties caused by faulty LPG cylinders. A brand owner who contravenes the above obligations Commits an offence and is liable to the fine set out in the Fifth Schedule. Provided that the storage tanks, pipes and any other fittings shall conform to the provisions of the relevant Kenya Standards asset by the Kenya Bureau of Standards.. Where there are space constraints, mounded storage tanks shall be utilized provided they follow the applicable Kenya Standards. It shall be the duty of the owner/operator of reticulated LPG systems to acquire, maintain and safeguard wayleaves or right of ways where the pipework for LPG distributions will pass. 21. (a) A person shall not undertake the business of reticulation of LPG in commercial or residential buildings except in accordance with ' the terms and conditions of a valid license issued under the Act by the Commission or its agents. (b) An application for license for reticulation of LPG in commercial or residential buildings shall meet the criteria set forth in the First Schedule. 4th May, 2018 THE KENYA GAZETTE 1273 (J) Any designs for the installations of reticulated LPG systems shall be done by a professional engineer conversant with LPG systems. The unit of sale for the LPG consumed by end customers shall be in SI kilograms. Where measurement is done in volumes, then a suitable conversion at 15°C shall be undertaken provided this is approved by the Department of Weights and Measures or any such body established to deal in legal metrology. An operator of reticulated LPG systems shall maintain an accidentl incident register and a customer complaints register. (1) The registers in (i) above together with completed investigation reports shall be filed with the Commission at the anniversary of every licence renewal. (k) Where the reticulated system serves more than a hundred (100) housing Units, the operator shall have a permanent shift of staff at site. (1) The operator of the LPG reticulated system shall maintain a separate Service Contract for each served unit. (m) The Service Contract shall contain at minimum the following items- the name, address and telephone number of the operator and the unit owner/ occupier; responsibilities of either party and clearly indicating boundaries along the service lines/pipes; emergency procedures and contacts; billing system, address, mode of payments and billing period; total Cost of Service which shall clearly be categorized into the selling price of the product per kilogram, the amortized cost of the infrastructure and operations and maintenance cost; requirement for either party to give notice for termination of service, increase of any component of Total Cost of Service and un-availability of service due to scheduled maintenance; complaints, dispute resolution procedures and mechanisms; and service level agreement. (n) The operator of the LPG reticulated system shall maintain a record of all deliveries for the product delivered at the site. (o) The operator of the LPG reticulated system shall maintain a record of all deliveries for the product delivered at the Site which shall contain a minimum of the following- time and date of delivery; registration number of the vehicle; name and licence number of the supplier; and quantity delivered. (a) The Commission or any person authorized by it in writing may enter into and inspect any vehicle, premises, facility or installation suspected of engaging in LPG business for the purpose of ascertaining compliance with these regulations. (b) A person who hinders or obstructs the Commission or any person acting on its behalf in the course of their duty under the provisions of sub-regulation (a) above commits an offence and shall be liable to the fine set forth in the Fifth Schedule. (a) A person licensed to undertake LPG business shall notify the Commission in writing of any accident or incident causing loss of life, personal injury, damage to property, damage to the environment, explosion, spill, fire or other incident or accident immediately and in any case not more than 48 hours after the occurrence of such an accident or incident. The brand owner shall have the responsibility of reporting and investigating any accident that involves his brand of LPG cylinder. A person licensed to undertake LPG business who fails to inform the Commission of an accident or incident in accordance with Regulation 23 (a) above commits an offence and shall be liable to the fine set forth in the Fifth Schedule. 24. (a) A person licensed to undertake LPG business shall conduct thorough investigations of any accident or incident occurring with respect to licensed activities and shall within not more than 14 days from the date of the accident or incident furnish the Commission with a report detailing and not limited to- the causes of the accident or incident; the effects of the accident or incident; the proposed measures to be taken to remedy the effects of the accident or incident; proposed corrective actions that will be implemented to stop recurrence of such an accident or incident; and proposed timelines for effecting the actions in (iii) and (iv) above. (b) The Commission shall review the report in paragraph (a) above and shall within 14 days- accept the report together with the proposals including timelines contained therein; or request for adjustments to the report; or reject the report giving reasons for such rejection, and require another report to be filed. 25. (a) LPG cylinder brand owners may enter into a Mutual LPG Exchange Agreement to enhance their access to the LPG cylinder market. Parties to the any such Mutual LPG Cylinder Exchange Agreements shall consist of only licensed LPG cylinder brand owners trading in standard capacity cylinders. Relationship between parties to a Mutual LPG Exchange Agreement shall be governed by such clauses as contained therein and which shall be deposited with the Commission. Provided that the Agreement in 25 (c) shall not contain discriminative clauses against any member who complies with the requirements. 26. The Management and members of a Mutual LPG Cylinder Exchange group shall treat all members equally and shall not discriminate against any member of the group. 27. (a) Provided there exists no hospitality arrangement, no brand owner shall be allowed to store or keep a competitor's cylinder whether filled or empty in their premises other than in designated Cylinder Exchange Points. Rules and procedures for the operation of the Cylinder Exchange Points shall be contained in the Mutual LPG Cylinder Exchange Agreement. The financing of the cylinder exchange points will be borne by the parties Mutual LPG Cylinder Exchange Agreement. 28. (a) LPG cylinders shall remain the property of the respective brand owners who may lease it to the consumers for use upon payment of a re-fundable cylinder deposit. A consumer who returns a LPG cylinder to a brand owner reserves the right to access the full cylinder deposit paid during the acquisition of such a cylinder. To access the full cylinder deposit, a consumer will be required to surrender an empty LPG cylinder to the brand owner's premises or distribution point. A Brand Owner shall be required to maintain a separate book of accounts in respect to collected cylinder deposits. The book of accounts in 28 (d) above shall form part of audited annual accounts for the company and shall be disclosed to the Commission on application for renewal of a Brand Owner's license. 29. (a) Where a licensed Brand Owner has failed to renew the operating license for more than three (3) calendar months or has failed to meet its obligations to the Consumer, the Commission may appoint a care taker Brand Owner to facilitate collection of cylinders from market and refill. (b) Care taker brand owner in 29 (a) shall be appointed by the Commission through a public invitation for expression of interest and may be shortlisted upon satisfying the following- be in possession of more than 100,000 cylinders in circulation; not having violated the requirements of the Act and its regulations in the last two (2) years; provide proof of financial capacity to maintain the distressed brand owner's cylinders as and when thc due; be owner of a licensed LPG filling plant; and have the capacity fill the additional cylinders as and when presented for re-fill by customers. (c) Where the Brand Owner fails to renew their license for more than 365 days after expiry, the care taker Brand Owner shall with the authority of the Commission rebrand the cylinders and take full responsibility of the cylinders including paying for the agreed value of LPG cylinder deposit. (d) Provided that the cylinders do not form part of lien to any other third party or is not subject of an ongoing ownership dispute in a court of law, the care taker brand owner may operate the brand as if he were the owner. (e) The care • taker brand owner shall have the cylinders revalidated and repaired as and when they fall due. (J) The distressed Brand owner's assets shall form part of the security for the exchange deposit. 30. (a) Any penalty, fine, fee, expenses or other moneys recoverable under these regulations or a license, the recovery of which is not otherwise specifically provided for, shall be a civil debt recoverable summarily. The fines imposed under these regulations shall be in addition to and shall not discharge the affected party of any liabilities in respect of payment of compensation or in the case of a licensee, the revocation of the license. The Commission Penalties and fines set forth in the Fifth Schedule shall be determined by the Commission. 31. Any person who is dissatisfied with a decision of the Commission under these regulations may appeal to Energy Tribunal. 32. Where any default in 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 exceeding 1,000,000 Kenya Shillings. 33. To ensure smooth transition from LN12I/2009,, the transitional clauses specified in the Sixth Schedule shall be applicable for the period stated therein. 34. The Energy (Liquefied Petroleum Gas) Regulations, 2009 are hereby repealed. CHARLES KETER, Cabinet Secretary, Ministry of Energy and Petroleum. FIRST SCHEDULE-REQUIREMENTS FOR APLICATION OF A NEW LICENSE I. REQUIREMENTS for Import, Export and Wholesale of LPG in bulk Completed application in the Regulatory Management Information System (RMIS) portal. Scanned original copy of certificate of incorporation/business registration certificate. 3. Scanned original t. 'i of CR 12 from registrar of companies which is not older than twelve (12) calendar months from the date of issue. 4. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 5. Scanned original copy of a valid Single Business Permit from the respective County Government. 6. Scanned original copy of PIN/VAT Certificate from KRA. 7. Scanned original copy of a valid tax compliance certificate from KRA. 8. Scanned original copy of a valid Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 9. Proof of access to a licensed storage facility through either- Ownership of a licensed LPG storage facility or a long term lease (minimumS years); or Valid hospitality agreement with a licensed LPG Storage facility. 10. Proof of presence in the market by either: Throughput of at least 2,000 metric tons per annum; or Ownership of a licensed LPG cylinder brand. II. REQUIREMENTS for Wholesale and Export of LPG in bulk Completed application in the Regulatory Management Information System (RMIS) portal. Scanned original copy of certificate of incorporation/business registration certificate. Scanned original copy of CR 12 from registrar of companies which is not older than twelve (12) calendar months from the date of issue. Scanned original copies of identification documents (National IDs or Passports) for all the directors; Scanned original copy of a valid Single Business Permit from the respective County Government. Scanned original copy of PIN/VAT Certificate from KRA. Scanned original copy of valid tax compliance certificate from KRA. Scanned original copy of a valid Work permitlEntry Permit Class "H" for foreign directors working in Kenya. Proof of access to supply of LPG by either of the following- Being a holder of a valid Import of LPG license; or Supply agreement with a, holder of a valid Import of LPG license. III. REQUIREMENTS for Storage and Wholesale of LPG in Cylinders Completed application in the Regulatory Management Information System (RMIS) portal. Scanned original copy of certificate of incorporation/business registration certificate. Scanned original copy of CR 12 from registrar of companies which is not older than twelve (12) calendar months from the date of issue. Scanned original copies of identification documents (National ID5 or Pa.ssports) for all the directors. Scanned original copy of Single Business Permit from the respective County Government. Scanned original copy of PIN/VAT Certificate from KRA. Scanned original copy of valid tax compliance certificate from KRA. 4th May, 2018 THE KENYA GAZETTE 1275 8. Scanned original copy of Work permitlEntry Permit Class "H" for foreign directors working in Kenya. 9. Weighing scale Calibration Certificate from the Department of Weights and Measures. 10. Proof of authority to trade in the LPG cylinder brand by providing- Scanned copy of original Trade Mark registration certificate; or A valid copy of distributorship agreement from a LPG Cylinder brand owner(s) 11. Requirement for safe premises: Proof of ownership or lease of a yard or warehouse Valid Fire certificate for the above premises 12. Copy of Customer Complaint Handling Procedures in compliance to LN 49/2012. IV. REQUIREMENTS for Storage and Retail of LPG in Cylinders 1. Completed application in the Regulatory Management Information System (RMIS) portal. 2. Scanned original copy of certificate of incorporation/business registration certificate 3. Scanned original copy of CR 12 from registrar of companies which is not older than twelve (12) calendar months from the date of issue. 4. Scanned original copies of identification documents (National IDs or Passports) for all the directors; 5. Scanned original copy of Single Business permit from the respective County Government; 6. Scanned original copy of PIN/VAT Certificate from KRA. 7. Scanned original copy of valid tax compliance certificate from KRA; 8. Scanned original copy of Work permit/Entry Permit Class "H" for foreign directors working in Kenya.. 9. Weighing scale Calibration Certificate from the Weights and Measures Department 10. Requirement for safe premises: Retail facility conforming to the relevant Kenya Standards; and Valid fire certificate for the above premises 11. Copy of Customer Complaint Handling Procedures in compliance to LN 49/2012 V. REQUIREMENTS for licence to 'be an LPG Cylinder Brand Owner Completed application in the Regulatory Management Information System (RMIS) portal. Scanned original copy of cettificate of incorporation/business registration certificate. Scanned original copy of CR 12 from registrar of companies which is not older than twelve (12) calendar months from the date of issue. Scanned original copies of identification documents (National IDs or Passports) for all the directors. Scanned original copy of Single Business Permit from the respective County Government; Scanned original copy of PIN/VAT Certificate from KRA. Scanned original copy ofvalid tax compliance certificate from KRA. 8. Scanned original copy of Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 9. Scanned copy of original Trade Mark registration certificate 10. Certificate of Compliance to the Kenya Standards KS 201:2010 by KEBS 11. Proof of ownership of LPG cylinders for the retail market in the standard capacities by providing either: Uniform capacities in any of the 1,3,6 and 13 Kg totaling to a minimum of 30,000 LPG cylinders; or A combination of any of the capacities in 10(i) totaling to a minimum of 30,000 LPG cylinders. 12. Inventory of all acquired cylinder listed by: Serial numbers; and Cylinder capacities Landed or ex-factory Cost inclusive of all taxes 13. Valid insurance policy against injuries to customer(s) and third parties related to faulty LPG cylinder. 14. Copy of Customer Complaint Handling Procedures in compliance to LN 49/2012. VI. REQUIREMENTS for Transport of LPG in Bulk 1. Completed application in the Regulatory Management - Information System (RMIS) portal. 2. Scanned original copy of certificate of incorporation/business registration certificate. 3. Scanned original copy of CR 12 from registrar of companies which is not older than twelve (12) calendar months from the date of issue. 4. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 5. Scanned original copy of Single Business Permit from respective County Government; 6. Scanned original copy of PIN/VAT Certificate from KRA. 7. Scanned original copy of valid tax compliance certificate from KRA. 8. Scanned original copy of Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 9. Transport agreement with a holder of valid license for- Import, Export and Wholesale of LPG in bulk; or Wholesale and Export of LPG in Bulk. 10. A valid certificate of calibration for the LPG tank mounted on each vehicle 11. A comprehensive emergency preparedness and response plan in compliance with Legal Notice No. 8 of 2014. 12. Certificate of Compliance to the relevant Kenya Standard(s) for the tanker. 13. Fire certificate from the Chief Fire Officer of the respective county. 14. A valid Report on Examination for LPG tank mounted on each vehicle/trailer 15. A valid Motor Vehicle Inspection certificate for each prime mover and trailer. 16. Proof of fitting all the vehicles with a GPS enabled tracking system accessible to the Commission via a web-based portal. 17. Log books for each prime mover and trailer. The log books shall be in the name of the applicant and in absence of such, the applicant shall provide valid lease agreements with the truck owners. Valid Medical Report certificate for drivers from Designated Health Practitioners as per Occupational Health and Safety Act 2007. A valid driving license for each driver. Proof of attendance of a defensive driving course for each driver A valid certificate for each driver in compliance with Legal Notice No.8 of 2014. A valid permit for each tanker in compliance with Legal Notice No. 8of 2014 Proof of access to a suitable parking yard by providing either: Ownership of a dedicated parking yard; or Long tes'm lease (minimum 1 year) for a parking yard. VII. REQUIREMENTS for Transport of LPG in Cylinders Completed application in the Regulatory Management Information System (RMIS) portal. Scanned original copy of certificate of incorporation/business registration certificate. Scanned original copy of CR 12 from registrar of companies which is not older than twelve (12) calendar months from the date of issue. Scanned original copies of identification documents (National IDs or Passports) for all the directors; Scanned original copy of Single Business Permit from the respective County Government; Scanned original copy of PIN/VAT Certificate from KRA. Scanned original copy of valid tax compliance certificate from KRA. Scanned original copy of Work permit/Entry Permit Class "H" for foreign directors working in Kenya. Scanned copy of a valid Transport Agreement with a holder of valid license of Wholesale and Export of LPG in Cylinders. A comprehensive emergency preparedness and response plan in compliance to Legal Notice No. 8 of 2014. Certificate of Compliance to the relevant Kenya Standard(s) for transport vehicle. Fire certificate from the Chief Fire Officer of the respective county. Log books for the transport vehicle in the name of the applicant or a valid lease with the owner of the vehicle. A valid Motor Vehicle Inspection certificate for the transport vehicle. Valid Medical Report certificate for drivers from Designated Health Practitioners as per Occupational Health and Safety Ad:, 2007. A valid driving license for each driver. Proof of attendance of a defensive driving course for each driver Proof of access ito a suitable parking yard by submitting either- Ownership of a dedicated parking yard; or Long term lease (minimum 3 years). VIII. REQUIREMENTS for Storage of LPG in Bulk Completed application in the Regulatory Management Information Systcm (RMIS) portal. Scanned original copy of certificate of incorporation/business registration certificate. Scanned original, copy of CR 12 from registrar of companies which is not older than twelve (12) calendar months from the date of issue. 4. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 5. Scanned original copy of Single Business Permit from the respective County Government. 6. St anned original copy of PIN/VAT Certificate from KRA. 7. St anned original copy of valid tax compliance certificate from K] RA. 8. Scanned original copy of Work permit/Entry Permit Class "H" fo: r foreign directors working in Kenya. 9. Pr oof of control of a LPG storage facility by submitting either: Ownership documents of a LPG storage facility; or Long term lease (minimum 5 years) 10. E: nvironmental Impact Assessment License from NEMA. 11. 0 rtificate of Compliance with the Physical Planning Act of IS 99. 12. Ce rtificate of Compliance with the requisite Kenya Standard(s) from KEBS. 13. Fire Certificate from the respective County. 14. A valid Report of Examination for LPG tanks in compliance with the OSHA 2007. 15. A i 'slid Calibration Certificate from the Department of Weights and Measures for each LPG vessel. 16. Proc f of access to a calibrated weighbridge by submitting eithe. r: 01 vnership of a calibrated weighbridge; or Loi ig term agreement on a calibrated weighbridge use (mi. riinrnm 5 years) 17. A valic I copy of Certificate of Registration of Work Place in compli tnce t with the OSHA 2007. 18. Proof of trai fling of a minimum of four (4) employees involved in safe h andl.ing of LPG in a NITA approved institution. 19. Signed copy of the Emergency Response Plan for the Facility. IX. REQUIREMENI S for Storage and Filling of LPG in Cylinders 1. Completed application in the Regulatory Management Information Systm (RMIS) portal. 2. Scanned origis tal copy of certificate of incorporation/business registration cen 'ificate 3. Scanned origins il copy of CR 12 from registrar of companies which is not ok icr than twelve (12) calendar months from the date of issue. 4. Scanned original copies of identification documents (National IDs or Passports) i ror all the directors; 5. Scanned original copy of Single Business Permit from the respective County (1 lovemment; 6. Scanned original cop y' of PIN/VAT Certificate from KRA. 7. Scanned original cop y of valid tax compliance certificate from KRA; 8. Scanned original copy o.f Work permit/Entry Permit Class "H" for foreign directors W( )rk ing in Kenya 9. Proof of control of aLP 'G iaorage facility by submitting either: Ownership documen ts of a LPG storage facility; or Long term lease (mit imcm 5 years). 10. Environmental Impact A ;sessment License from NEMA. 11. Certificate of Complianc e with the Physical Planning Act of 1999. 12. Certificate of Complianci with the requisite Kenya Standard(s) from KEBS. 4th May, 2018 THE KENYA GAZETTE 1277 13. Fire Certificate from the person responsible for fire safety in the respective County. 14. A valid Report on Examination for LPG tanks in compliance with OSHA 2007. 15. A valid Calibration Certificate from the Weights and Measures Department of each LPG vessel. 16. A valid copy of Certificate of Registration of Work Place from DOSHS in compliance with OSHA 2007. 17. Proof of training of a minimum of four (4) employees involved in the safe handling of LPG in a NITA approved institution. 18. Proof of economic viability of the plant by submitting either- Proof of ownership of at least 30,000 LPG cylinders of licensed own brand in either 1,3,6 or 13kg capacities; or Written contract to fill LPG in cylinders on behalf of a licensed brand owner with an assurance of allocated filling capacity of at least 30,000 LPG cylinders per annum. 19. Weighing scale Calibration Certificate from the Department of Weights and Measures. 20. Proof of access to a calibrated weighbridge by submitting either: Ownership of a calibrated weighbridge; or Long term agreement on a calibrated weighbridge use (minimum 5 years). 21. Signed copy of the Emergency Response Plan for the Facility. 22. Copy of Customer Complaint Handling Procedures in compliance to L.N. 49/2012. 23. Proof of installation of intrinsically safe non-obscured Closed Circuit Television (CCTV) cameras at the filling area with unlimited access to the Commission via a web-based portal. X. REQUIREMENTS for License to operate a reticulation LPG in residential or commercial settings 1. Completed application in the Regulatory Management Information System (RMIS) portal. 2. Scanned original copy of certificate of incorporation/business registration certificate. 3. Scanned original copy of CR 12 from registrar of companies (not older than twelve (12) months) for Limited Companies. 4. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 5. Scanned original copy of Single Business Permit from the respective County Government. 6. Scanned original copy of PIN/VAT Certificate from KRA. 7. Scanned original copy of valid tax compliance certificate from KRA. 8. Scanned original copy of Work permit/Entry Permit Class "H" for foreign directors for directors working in Kenya. 9. Proof of access to legal supply of LPG by submitting either: A copy of a valid Import, Export and Wholesale of LPG license; or Supply agreement with a holder of a valid Import, Export and Wholesale of LPG license. 10. Environmental Impact Assessment License from NEMA. II. Certificate of Compliance with the requisite Kenya Standard(s) from KEBS for the storage and pipe network. Certificate of compliance with the building code. Fire Certificate from the person responsible for fire safety in the respective County. A valid Report on Examination for LPG tanks in compliance to the OSHA, 2007. A valid Calibration Certificate from the Weights and Measure', Department of each LPG vessel. A valid Calibration Certificate of the metering equipment o connected consumers. Signed copy of the Emergency Response Plan for the Facilit' Copy of Customer Complaint Handling Procedures in compliance to L.N. 49/2012. SECOND SCHEDULE-APPLICATION FOR RENEWAL 0 A LICENSE I. REQUIREMENTS for Import, Export and Wholesale of L'G in bulk 1. Completed applicr.ion in the Regulatory Liformation Management Sysleri (RMIS) portal. 2. Scanned original copy of CR 12 from registrar of companies (not older than twelve (12) months) for limited companies. 3. Scanned origiral copies of identification documents (National IDs or Passpotts) for all the directors. 4. Scanned original copy of a valid Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 5. Scanned original copy of a valid Single Business Permit from the respective County Government. 6. Scanned original copy of valid tax compliance certificate from KRA. 7. Proof of access to a licensed storage facility by submitting either: Ownership documents of a licensed LPG storage facility or long term lease (minimum 5 years); or Valid hospitality agreement with a licensed LPG Storage facility. 8. Proof of presence in the market by either: Throughput of at least 2,000 metric tons per annum; or Ownership of a licensed LPG cylinder brand. 9. Proof of compliance with Legal Notice No. 6 of 2014 on timely and accurate submission of required petroleum statistics. II. REQUIREMENTS for wholesale and export of LPG in bulk 1. Completed application in the Regulatory Management Information System (RMIS) portal. 2. Scanned original copy of CR 12 from registrar of companies (not older than twelve (12) months) for Limited Companies. 3. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 4. Scanned original copy of a valid Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 5. Scanned original copy of a valid Single Business Permit from the respective County Government. 6. Scanned original copy of valid tax compliance certificate from KRA. 7. Proof of access to supply of LPG by either of the following- Being a holder of a valid Import of LPG license; or Supply agreement with a holder of a valid Import of LPG license. 8. Proof of compliance with Legal Notice No. 6 of 2014 on timely and accurate submission of required petroleum statistics. III. REQUIREMENTS for Storage and Wholesale of LPG in Cylinders 1. Completed application in the Regulatory Management Informatini Ivstem (RMIS) portal. 2. Scanned original copy of CR 12 from registrar of companies (not older than twelve (12) months) for Limited Companies. 3. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 4. Scanned original copy of a valid Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 5. Scanned original copy of a valid Single Business Permit from the respective County Government. 6. Scanned original copy of a valid tax compliance certificate from KRA. 7. Weighing scale Calibration Certificate from the Weights and Measures Department. 8. Proof of authority to trade in the LPG cylinder brand by providing: Scanned copy of original Trade Mark registration certificate; and A valid copy of distributorship agreement from a LPG Cylinder brand owner(s) 9. Requirement for safe premises: (a) Proof of ownership or lease of a yard or warehouse (h) Valid Fire certificate for the above premises 10. Proof of compliance with Corrective Action Plans given during audits. 11. Proof of compliance with Legal Notice No. 6 of 2014 on timely and accurate submission of required petroleum statistics. 12. Submission of report on list of reported and resolved customer complaints in compliance to L.N. 49/20 12. IV. REQUIREMENTS for Storage and Retail of LPG in Cylinders 1. Completed application in the Regulatory Management Information System (RMIS) portal. 2. Scanned original copy of C.R. 12 from registrar of companies (not older than twelve (12) months) for Limited Companies. 3. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 4. Scanned original copy of a valid Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 5. Scanned original copy of a valid Single Business Permit from the respective County Government. 6. Scanned original copy of valid tax compliance certificate from KRA. 7. Weighing scale Calibration Certificate from the Weights and Measures Department. 8. Requirement for safe premises: Proof of ownership an approved LPG cage for retail Valid fire certificate for the above premises 9. Proof of compliance with Corrective Action Plans given during audits. 10. Proof of compliance with Legal Notice No. 6 of 2014 on timely and accurate submission of required petroleum statistics (via online platform to ERC) V. REQUIREMENTS for Transport of LPG in Bulk Completed application in the Regulatory Management Information System (RMIS) portal. Scanned original copy of CR 12 from registrar of companies (not older than twelve (12) months) for Limited Companies. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 4. Scanned original copy of a valid Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 5. Scanned original copy of a valid Single Business Permit from respective County Government. 6. Scanned original copy of valid tax compliance certificate from KRA. 7. Transport agreement with a holder of valid license for: Import, Export and Wholesale of LPG in bulk; or Wholesale and Export of LPG in Bulk. 8. A valid certificate of calibration for the LPG tank mounted on each vehicle. 9. A comprehensive emergency preparedness and response plan in compliance with Legal Notice No. 8 of 2014. 10. Certificate of Compliance to the relevant Kenya Standard(s) for the tanker. 11. Fire certificate from the Chief Fire Officer of the respective county. 12. A valid Report on Examination for LPG tank mounted on each vehicle/trailer. 13. A valid Motor Vehicle Inspection certificate for each prime mover and trailer. 14. Proof of fitting all the vehicles with a GPS enabled tracking system accessible to the Commission via a web- based portal. 15. Log books for each prime mover and trailer. The log books shall be in the name of the applicant and in absence of such, the applicant shall provide valid lease agreements with the truck owners. 16. Valid Medical Report certificate for drivers from Designated Health Practitioners as per Occupational Health and Safety Act, 2007. 17. A valid driving license for each driver. 18. Proof of attendance of a defensive driving course for each driver. 19. A valid certificate for each driver in compliance with Legal Notice No. 8 of 2014. 20. A valid permit for each tanker in compliance with Legal Notice No.8 of 2014. 21. Proof of access to a suitable parking yard by providing either: (a) Ownership of a dedicated parking yard; or (b)Long term lease (minimum 1 year) for a parking yard. 22. Proof of compliance with Corrective Action Plans given during audits. 23. Proof of compliance with Legal Notice No. 6 of 2014 on timely and accurate submission of required petroleum statistics (via online platform to ERC). VI. REQUIREMENTS for Transport of LPG in Cylinders Completed application in the Regulatory Management Information System (RMIS) portal. Scanned original copy of CR 12 from registrar of companies (not older than twelve (12) months) for Limited Companies. Scanned original copies of identification documents (National IDs or Passports) for all the directors. Scanned original copy of a valid Work permit/Entry Permit Class "H" for foreign directors working in Kenya. Scanned original copy of a valid Single Business Permit from respective County Government. Scanned original copy of valid tax compliance certificate from KRA. 4th May, 2018 THE KENYA GAZETTE 1279 Scanned copy of a valid Transport Agreement with a holder of valid license of Wholesale and Export of LPG in Cylinders. A comprehensive emergency preparedness and response plan in compliance to Legal Notice No. 8 of 2014. 9.. Certificate of Compliance to the relevant Kenya Standard(s) for transport vehicle. 10. Fire certificate from the Chief Fire Officer of the respective county. 11. Log books for the transport vehicle in the name of the applicant or a valid lease with the owner of the vehicle. 12. A valid Motor Vehicle Inspection certificate for the transport vehicle. 13. Valid Medical Report certificate for drivers from Designated Health Practitioners as per Occupational Health and Safety Act 2007. 14. A valid driving license foreach driver. 15. Proof of attendance of a defensive driving course for each driver. 16. Proof of actess to a suitable parking yard by submitting either: Ownership of a dedicated parking yard; or Long term lease (minimum 3 years). 17. Proof of compliance with Corrective Action Plans given during audits. VII. REQUIREMENTS for Storage of LPG in Bulk 1. Completed application in the Regulatory Management Information System (RMIS) portal. 2. Scanned original copy of CR 12 from registrar of companies (not older than twelve (12) months) for Limited Companies. 3. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 4. Scanned original copy of a valid Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 5. Scanned original copy of a valid Single Business Permit from respective County Government. 6. Scanned original copy of valid tax compliance certificate from KRA. 7. Proof of control of a LPG storage facility by submitting either: Ownership documents of a LPG storage facility; or Long term lease (minimum 5 years) 8. Proof of Submission of Annual Environmental Audit to NEMA. 9. Fire Certificate from the respective County. 10. A valid Report on Examination for LPG tanks in compliance to the OSHA 2007. 11. A valid Calibration Certificate from the Department of Weights and Measures for each LPG vessel. 12. A valid copy of Certificate of Registration of Work Place from in compliance with the OSHA, 2007, 13. Proof of training of a minimum of four (4) employees involved in the handling of LPG in a NITA approved institution. 14: Proof of compliance with Corrective Action Plans given during audits. 15. Proof of compliance with Legal Notice No. 6 of 2014 on timely and accurate submission of required petroleum statistics (via online platform to ERC). VIII. REQUIREMENTS for storage of LPG in bulk and filling of LPG in cylinders 1. Completed application in the Regulatory Management Information System (RMIS) portal. 2. Scanned original copy of CR 12 from registrar of companies (not older than twelve (12) months) for Limited Companies. 3. Scanned original copies of identification documents (National IDs or Passports) for all the directors. 4. Scanned original copy of a valid Work permit/Entry Permit Class "H" for foreign directors working in Kenya. 5. Scanned original copy of a valid Single Business Permit from respective County Government. 6. Scanned original copy of valid tax compliance certificate from KRA. 7. Proof of control of a LPG storage facility by submitting either: Ownership documents of a LPG storage facility; OR Long term lease (minimum 5 years). 8. Proof of Submission of Annual Environmental Audit to NEMA. 9. Fire Certificate from the person responsible for fire safety in the respective County. 10. A valid Report on Examination for LPG tanks in compliance to the OSHA, 2007. 11. A valid Calibration Certificate from the Weights and Measures Department of each LPG vessel. 12. A valid copy of Certificate of Registration of Work Place from DOSHS 13. Proof of training of a minimum of four (4) employees involved in the handling of LPG in a NITA approved institution. 14. Proof of economic viability of the plant by submitting either: Ownership of at least 20,000 LPG cylinders of licensed own brand in the 2nd year of operation; 25,000 in the 3rd year of operation; up to a minimum of 30,000 in the 4th year of operation; or Written contract to fill LPG in cylinders on behalf of a licensed brand owner with an assurance of allocated filling capacity of at least 30,000 LPG cylinders per annum. 15. Weighing scale Calibration Certificate from the Department of Weights and Measures. 16. Proof of installation of intrinsically safe non-obscured Closed Circuit Television (CCTV) cameras at the filling area with unlimited access to the Commission via a web-based portal. 17. Proof of compliance with Corrective Action Plans given during audits. 18. Proof of compliance with Legal Notice No. 6 of 2014 on timely and accurate submission of required petroleum statistics. 19. Submission of report on list of reported and resolved customer complaints in compliance to LN 49/2012. IX. REQUIREMENTS for License to Operate a reticulation LPG in residential or commercial settings Completed application in the Regulatory Management Information System (RMIS) portal. Scanned original copy of CR 12 from registrar of companies (not older than twelve (12) months) for Limited Companies. Scanned original copy of a valid Single Business Permit from respective County Government. 4.. Scanned original copy of valid tax compliance certificate from KRA. 5. Proof of access to legal supply of LPG by submitting either: A copy of a valid Import, Export and Wholesale of LPG license; or Supply agreement with a holder of a valid Import, Export and Wholesale of LPG license. 6. Proof of Submission of Annual Environmental Audit to NEMA. Fire Certificate from the person responsible for fire safety in the respective County. A valid Report on Examination for LPG tanks in compliance to the OSHA, 2007. A valid Calibration Certificate from the Weights and Measures Department of each LPG vessel. A valid Calibration Certificate of the metering equipment to connected consumgrs. Proof of compliance with Corrective Action Plans given during audits. Proof of compliance with Legal Notice No. 6 of 2014 on timely and accurate submission of required petroleum statistics. Submission of report on list of reported and resolved customer complaints in compliance to LN 49/2012. THIRD SCHEDULE—FORM OF LPG LICENSE Release of bulk LPG to facilities not 500,000 licensed under these Regulations other than consumer sites Unauthorized refilling of LPG 20,000 for each filled cylinders cylinder Unauthorized possession of LPG 20,000 for each seal seals without the cylinder brand owner's authority Failure by cylinder distributors to 50,000 maintain mandatory records prescribed in these Regulations Failure by and LPG licensee to 100,000 comply with the obligations set forth in these regulations Obstruction of inspection officers 100,000 for each day the from the Commission or its agents obstruction occurs Failure to report an LPG related 100,000 accident within the prescribed 48 hour period SIXTH SCHEDULE—TRANSITIONAL CLAUSES taer R.k*yC,naiS.,a Serial No.: THE ENERGY ACT, 2006 PETROLEUM BUSINESS LICENSE License No. ERC/LPG/ License is hereby granted to of P.O. Box to carry on the following petroleum businesses: TYPE OF LPG BUSINESS On premises situated at: Plot No. Building Road Town/County License issue date License Expiry date (SEAL) Signature Issued under the authority of the Director General Energy Regulatory Commission. FOURTH SCHEDULE—APPLICABLE LICENSE FEES Type of License New Application (KS/i.) Renewal Application (KSh.) Import of LPG in Bulk 20,000 10,000 Export of LPG in Bulk 8,000 5,000 Wholesale of LPG in bulk 8,000 5,000 Transport of LPG in bulk 10.000 5,000 Storage of LPG in bulk 20,000 10,000 Filling of LPG into cylinders 20,000 10,000 Export of LPG in cylinders 10,000 5,000 Wholesale distribution of LPG in cylinders 8,000 5,000 Retail distribution of LPG in cylinders 5,000 2,000 FIFTH SCHEDULE—OFFENCES, PENALTIES AND FINES Offence Penalty/Fine in Kenya Shillings Import of LPG through undesignated 200,000 routes Non-submission of bulk LPG import 100,000 data Non-submission of LPG cylinders 100,000 import data Once these regulations come into force, the existing LPG Cylinder Exchange Pool (the Pool) shall be dissolved in accordance with Clause 24 of the LPG Cylinder Exchange Pool Agreement signed by all the members. For the purpose of smooth transition and maintenance of accurate information, the LPG Cylinder Exchange Pool Management Committee (the Pool) formed under LN 121/20009 shall remain in office for a maximum period of six (6) months from the date of coming into force of these regulations. Any attendant costs to the Pool during this period shall be borne by all members. During the prescribed period, the Pool shall reconcile all cylinder exchange records and issue final invoices and debt status for each brand owner within four (4) calender months. It shall be the duty of each brand owner to ensure accuracy of all the invoices determined by the Pool. All cylinder brand owners shall declare to the Pool the number of competitors' cylinders in their possession within one (1) month of coming into force of these regulations and the Pool shall notify the owners within two (2) months of coming into force of these regulations. All cylinder brand owners shall be required to collect their empty cylinders from competitors' premises within two (2) months of such notice. Where a brand owner fails to collect the said cylinders within the specified period, the facility owner shall be at liberty to deliver to the said brandowner's facility and recover the attendant transport costs. All debts incurred due to the Cylinder Exchange Pool as at the date of these regulations coming into force shall remain civil debts and shall be liable for payment by the debtors where no physical cylinder is available for exchange. Respective brand owners are at liberty to enter into commercial negotiations with their debtors. All cylinder brand owners shall be required to take stock of their total cylinders at hand and in circulation and declare the same to the Commission within twelve (12) months of these regulations coming into force. During the transition period the cylinder deposit value shall be set by the Commission based on the last six (6) months import/ manufacturing value inclusive of all applicable taxes. Thereafter, the brand owners shall determine their deposit value. Renewal of a Brand Owner's licence shall be subject to clearing all outstanding debts accrued due to the exchange of LPG cylinders and the total amount due shall be as per the final invoice issued by the Pool in accordance with transition clause 3. Evidence of clearing such debts shall be a letter of confirmation of clearance of such debts from the Brand Owner to whom the debt is owed. All brand owners to shall within two (2) months of coming into force of these regulations declare to the Commission points where consumers can return empty cylinders. The return points shall be published in the Commission's website. MR/4790I 36 4th May, 2018 THE KENYA GAZETTE 1281