As Kenyans continue to look for alternative sources of income to make ends meet, others have resulted in the establishment of gas cylinder refilling stations.
However, there has been an increase in raids by the Energy Petroleum Regulatory Authority (EPRA) on refilling stations flouting established law as per the Petroleum Act 2019.
The frequent raids are clear indication that many business people are establishing gas refilling stations without understanding the law.
Kenyans.co.ke sought to break down the 20 offenses listed in the Petroleum Act and the respective fines/penalties they attract.
Offenses attracting Ksh10 million fines
According to the Act, any individual found guilty of importation, exportation, or transportation of Liquefied Petroleum Gas (LPG) without a valid license issued by the Authority is liable to a fine of not less than Ksh10 million.
A similar fine is prescribed for any business person found guilty of operating a non-licensed LPG facility; or refilling, trading, or rebranding cylinders without the brand owner's consent.
Offenses attracting Ksh1 million fine
Any person found guilty of reselling bulk LPG to another person for the purposes of export or retail or final use without a valid license issued by EPRA will pay a fine not less than Ksh1 million.
The Act also prescribes a similar fine to anyone found guilty of using a vehicle for purposes of transport of bulk LPG that does not possess a valid permit issued by EPRA.
In addition to that, failure to display the original or certified copy of the license or permit issued by EPRA at the premises of operation will attract a similar fine.
Bulk LPG means liquefied petroleum gas of a quantity exceeding 80 kilograms.
Offences attracting Ksh500,000 and Ksh250,000 fine
To all gas cylinder business operators, note that the supply of bulk LPG to facilities not licensed under the regulations other than the LPG consumer facilities will attract a Ksh500,000 fine for each delivery to a licensed facility.
Driving, a vehicle or engaging a driver for the purpose of transport of bulk LPG without a valid driver certificate issued by EPRA will attract a fine of not less than Ksh250,000.
Offenses attracting a Ksh200,000 fine
Failure by the LPG licensee to comply with all the laid out obligations set by EPRA will attract a fine of not less than Ksh200,000 for each offense committed.
Additionally, failure to report an LPG-related accident within 48 hours attracts a similar fine for every accident not reported within the prescribed window.
Conclusively, any individual found guilty of importing LPG gas cylinders through undesignated routes will be fined at least Ksh200,000.
Offenses attracting a Ksh100,000 fine
If any operator obstructs an inspection officer from EPRA or its licensing agents will be fined Ksh100,000 for each day the obstruction occurs.
Also, the non-submission of cylinder import data on a monthly basis will attract a similar fine for each month not submitted.
While not submitting the bulk LPG import data on a monthly basis also attracts a Ksh100,000 for each month not submitted.
Offences attracting Ksh50,000 and Ksh20,000 fine
All found guilty of failing to keep mandatory records prescribed in the act will be fined Ksh50,000. While anyone found stocking or offering for sale cylinders that do not meet Kenyan standards will attract a fine of Ksh20,000 for each substandard cylinder.
The unauthorised possession of LPG seals without the brand owner's authority will attract a fine of Ksh20,000 for each seal found within the premises.
Other offenses include non-declaration of the load port for imported Bulk LPG and the quantity imported falsified declaration of quantities of imported bulk LPG and non-declaration of the final destination of imported bulk LPG.
