Expertise
Energy, Oil & Gas Legal Services in Kenya
Our legal services are built on a solid foundation of understanding the key legislation governing this sector, including the Petroleum Act, 2019 , the Energy Act, 2019 , and the Petroleum (Liquefied Petroleum Gas) Regulations, 2019. We work closely with regulatory bodies like the Energy and Petroleum Regulatory Authority (EPRA) to ensure our clients' operations align with all national laws and standards.
Why Strategic Legal Counsel is Essential
The energy sector's inherent risks, be they environmental, operational, or legal, require a proactive and comprehensive legal strategy. Partnering with a specialized law firm is not just about compliance, it's about securing your investments and enabling sustainable growth. Our legal expertise provides you with:
Risk Mitigation
We help you identify and address potential legal pitfalls, from environmental compliance to contractual disputes, protecting your business from costly litigation and penalties.
Operational Optimization
By drafting clear, robust contracts and ensuring smooth regulatory processes, we help streamline your operations and minimize delays.
Strategic Growth
Our counsel helps you structure partnerships, negotiate tenders, and secure financing in a way that aligns with your long-term business goals.
Key Legal Services for the Energy, Oil & Gas Sector
We offer a full spectrum of legal services tailored to the unique needs of the energy industry, covering both upstream (exploration and production) and downstream (distribution and retail) operations.
1. Commercial & Supply Agreements
The success of your business hinges on well-drafted contracts. We specialize in negotiating and drafting a range of agreements that protect your interests and ensure profitability. These include:
- Business-to-Business (B2B) Supply Agreements: We create and review contracts for the bulk sale and supply of petroleum products, ensuring clarity on pricing, delivery terms, and liability.
- Retail Agreements: We provide legal guidance on structuring Dealer Owned, Dealer Operated (DODO) and Company Owned, Dealer Operated (CODO) agreements.
- In a DODO agreement, the dealer owns the station outright and purchases petroleum products from the oil company, typically under a branded agreement.
- In a CODO agreement, the oil company owns the station but an independent dealer operates it under a management contract.
2. Regulatory Compliance & Licensing
Operating in the energy sector requires a maze of licenses and regulatory approvals. We guide you through the process of obtaining and maintaining all necessary permits from EPRA and other governmental bodies, ensuring your operations are always above board.
3. LPG & Lubricants Distribution
The distribution of Liquefied Petroleum Gas (LPG) and lubricants has specific legal requirements under the Petroleum (Liquefied Petroleum Gas) Regulations, 2019. We advise on:
- Compliance with safety and technical standards.
- Drafting of distributorship agreements.
- Assistance with licensing for LPG retail and bulk storage facilities.
4. Environmental, Health & Safety (EHS)
Compliance with environmental regulations is non-negotiable. We assist clients in navigating the requirements of the Environmental Management and Co-ordination Act (EMCA) and its subsidiary regulations, helping you manage environmental impact assessments and ensure safe operational practices.
5. Dispute Resolution
Should a conflict arise, our litigation lawyers are well-equipped to represent you in disputes related to contracts, regulatory matters, and environmental liability. We work to resolve conflicts efficiently, whether through arbitration, mediation, or litigation at the appropriate court or tribunal. You can learn more about our expertise in this area on our litigation and dispute resolution page.
Frequently Asked Questions
The energy sector in Kenya is primarily governed by the Energy Act, 2019, which provides a comprehensive legal framework for the production, supply, and distribution of all forms of energy.
Additionally, the Petroleum Act, 2019, specifically regulates the exploration, development, and production of oil and gas. These acts ensure that all operations are conducted within a clear, regulated environment, protecting both investors and the public.
Power Your Business with Confidence!
Navigating the complexities of the energy, oil, and gas industry requires legal insight and strategic planning. Partner with us to ensure your operations remain compliant, efficient, and legally sound.
