The Energy and Petroleum Regulatory Authority (EPRA) has published draft regulations that for the first time seek to comprehensively govern marine refuelling activities across Kenya’s inland and coastal waters.
The proposed Petroleum (Marine Refuelling) Regulations, 2025 aim to introduce order, enhance safety, curb environmental risks and strengthen consumer protection in a sector long marked by regulatory gaps.
EPRA Director-General (DG) Daniel Kiptoo Bargoria stated that the draft regulations provide a structured framework to govern the refuelling of small and medium marine vessels and the transfer of bunker fuels to ships at sea and within port facilities.
Bargoria noted that although marine refuelling has supported transport, trade and local livelihoods for years, the lack of clear rules has left operators and consumers exposed to environmental pollution, substandard products, unsafe vessels, pricing abuse and frequent accidents.
These risks, he said, have eroded confidence and slowed investment in Kenya’s blue economy.
Further, Bargoria emphasised that EPRA developed the regulations through extensive consultations with government agencies, private operators, beach management units, civil society and community groups to ensure they align with industry realities.
“As the energy regulator, our goal remains to create a regulatory environment that promotes innovation, safeguards our natural resources and fosters economic opportunities for all,” maintained the DG in a speech read on his behalf by the Manager, Mid- and Downstream Petroleum at EPRA Gerald Cheruiyot.
Notably, the regulations draw authority from Section 101 of the Petroleum Act, 2019, which mandates EPRA to issue rules on the handling, storage and distribution of petroleum products.
Once finalised, the regulations will govern the construction, licensing, storage, trade, transportation and dispensing of petroleum to vessels on Kenyan waters, aligning domestic operations with international maritime standards.
A central feature of the proposed rules is a strict licensing and permitting regime. Any entity seeking to construct or modify an onshore marine refuelling facility, a marine refuelling vessel or a petroleum marine transport vessel will be required to obtain a construction permit from EPRA.
After construction, operators must secure a business licence to store, sell or dispense fuel, while applications would require engineering drawings, environmental approvals and proof of compliance with safety and environmental laws.
Equally, EPRA will have authority to suspend or revoke licences for breaches of the Petroleum Act or licence conditions, although operators will retain the right to respond and show cause before action is taken.
Thereafter, the regulator will issue determinations within 30 days after the notice period lapses.
In addition, the draft rules introduce detailed pollution-prevention measures; offshore facilities and vessels must install containment systems such as bunds, double-walled tanks and containment booms; maintain spill kits and absorbents; carry out annual water quality tests; and comply with the Environmental Management and Coordination Act.
Operators will also be required to maintain safe working environments under the Occupational Safety and Health Act, including firefighting equipment, safety signage and trained personnel.
On the other hand, consumer protection provisions require licensed operators to display EPRA-approved fuel prices, comply with official pricing guidelines, use calibrated dispensing pumps, and avoid under-dispensing, adulteration, hoarding or selling export-designated fuel into the domestic market.
Speaking during the public consultation session in Nairobi, Gitu Njuguna, an Independent Director on the Board of EPRA, delivered a detailed presentation explaining the structure of the draft regulations and guiding stakeholders on how to access the documents via a QR code and online link.
He outlined the nine parts of the regulations, which cover preliminary definitions, construction permits, business licensing, safe refuelling practices, transport vessel permitting, skipper certification, miscellaneous provisions, transition clauses and related schedules.
Similarly, Njuguna clarified that marine refuelling vessels function as floating petrol stations, onshore facilities are shoreline dispensing sites, and petroleum marine transport vessels operate as waterborne tankers ferrying petroleum for sale.
“Each vessel will require its own permit, and operators involved in fuel transport must obtain a petroleum marine transportation business licence,” directed Njuguna.
He disclosed that construction permit applications would require drawings by a registered engineer, an Environmental Impact Assessment licence, county government approvals and prescribed fees.
“Permits will be valid for 12 months, with one possible extension. After construction, operators must apply for a business licence valid for one year and renewable annually through EPRA’s online portal,” affirmed Njuguna.
From the session, safety conditions outlined by EPRA included designated operating stations for refuelling vessels, containment booms, firefighting equipment, strict no-smoking rules, adequate lighting for night operations and emergency response plans.
Also, environmental measures included double-hulled vessels, bund walls for onshore facilities, spill management systems, proper waste disposal and post-spill monitoring.
According to Njuguna, transport vessels must be fitted with GPS tracking systems, operate from designated mooring areas and maintain distance from sensitive ecosystems and passenger jetties.
He added that skippers of refuelling or transport vessels would require annual EPRA certification based on competency, petroleum safety training, medical fitness, security clearance and journey planning.
“Miscellaneous provisions require operators to report accidents to EPRA within 48 hours and conduct internal investigations. A 24-month transition period has been proposed once the regulations take effect,” he pronounced.
Addressing environmental and enforcement questions, EPRA’s Senior Petroleum and Gas Officer Jastus Okwika proclaimed that the law is ‘very clear and adequate’ on enforcement.
He highlighted legal provisions allowing EPRA to audit facilities, seal non-compliant operations and require licensees to maintain waste management plans.
The officer also referenced Regulation 27 on environmental liability policies, which would allow EPRA to use environmental bonds for cleanup where operators fail to remediate spills.
Concurrently, participants in the public consultation session revealed that similar public forums had been held in regions including Migori, Kisumu, Homa Bay, Siaya and Busia, underscoring the national scope of the consultations.
Responding to questions on implementation timelines and energy transition, Cheruiyot, in his own remarks, pointed out that the Gazette Notice was issued on 10 June, triggering a 30-day comment period, as he urged stakeholders to submit written feedback promptly.
While the draft focuses on petroleum, the Manager assured that efficiency gains and environmental safeguards in the regulations would support broader transition efforts, including protection of mangroves and reduced emissions.
Likewise, Njuguna observed that the regulations arrive at an opportune time, as he highlighted operational challenges they aim to address, citing a 2021 incident in Lamu where a boat stranded at night could not be refuelled due to lack of structured services.
Additionally, he stressed that implementation would apply uniformly, insisting that Article 27 of the Constitution guarantees equality before the law.
Meanwhile, EPRA officials reiterated that the consultations were part of a nationwide process and encouraged the public to review the draft regulations and submit substantive comments before the deadline.
By Lucy Mwende and Samuel Kivuva
