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Article on Offenses and Penalties on LPG use

Article on Offenses and Penalties on LPG use

Crack-down on Companies dealing in LPG illegally

29 March 2023/PCU/ State Department for Energy               Cheptoo Diana

The Ministry of Energy and Petroleum in collaboration with the Ministry of Interior and the Energy and Petroleum Authority (EPRA) has formed a multi-agency team to spearhead the implementation of a Rapid Response Initiative that is inspecting companies illegally dealing in Liquefied Petroleum Gas (LPG). The team is concerned with the safety of consumers and is inspecting the status of companies dealing in LPG and their compliance with the law.

The Petroleum Act lists various offences with the respective fines/penalties

  • Importation, exportation, or transportation of Liquefied Petroleum Gas (LPG) without a valid license issued by EPRA is liable to a fine of not less than Ksh10 million;
  • Any business person found guilty of operating a non-licensed LPG facility; or refilling, trading, or rebranding cylinders without the brand owner’s consent is liable to a fine of not less than Ksh10 million;
  • Any person found guilty of reselling bulk LPG (liquefied petroleum gas of a quantity exceeding 80 kilograms) 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;
  • Anyone found guilty of using a vehicle for purposes of transporting bulk LPG that does not possess a valid permit issued by EPRA will also attract a fine not less than 1 million;
  • Failure to display the original or certified copy of the license or permit issued by EPRA at the premises of operation will attract a fine not less than 1 million;

Other offences flagged out include:

  • Supply of bulk LPG to facilities not licensed under the regulations other than the LPG consumer facilities will attract a fine of Ksh.500, 000 for each delivery to a licensed facility;
  • Driving, a vehicle or engaging a driver for the purpose of transporting bulk LPG without a valid driver certificate issued by EPRA will attract a fine of not less than Ksh250, 000;
  • 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;
  • Failure to report an LPG-related accident within 48 hours attracts not less than Ksh200, 000 for each offense committed for every accident not reported within the prescribed window;
  • Any individual found guilty of importing LPG gas cylinders through undesignated routes will be fined at least Ksh200,000;