GAZETTE NOTICE NO. 9470

PURSUANT to section 110 (3) of the Energy Act, 2006, the Energy Regulatory Commission hereby invites members of the public to submit written comments within forty (40) days from the date of publication of this notice to the Director General, the Energy Regulatory Commission, on the proposed Regulations in respect of the Retail Pump Price of Petroleum Ptoducts which are set out in Part II hereunder. Comments may be hand-delivered, posted, and facsimiled or e- mailed to the Energy Regulatory Commission. Physical address: The Energy Regulatory Commission, First Floor, Integrity Centre, Milimani Road, Nairobi. Postal address: P.O. Box 42681 -00100, Nairobi Facsimile Number: +254 20 2717603 E-mail address: info@erc.go.ke PART II THE ENERGY ACT, 2006 (No. 12 of 2006) THE RETAIL PUMP PRICE OF PETROLEUM PRODUCTS REGULATIONS, 2008 1. These Regulations may be cited as the Retail Pump Price of Petroleum Products Regulations, 2008. 2. In these Regulations, unless the context otherwise requires- "Act" means the Energy Act, No. 12 of 2006. "Commission" means the Energy Regulatory Commission established under section 4 of the Act; "distribution depot" means the petroleum receipt, storage and truck loading facilities owned by companies carrying on petroleurff business in Mombasa and Nairobi and by the Kenya Pipeline e6mpany in Nakuru, Eldoiet and Kisumu; "Minister" means the minister for the time being responsible.for energy; "petroleum" includes petroleum crude, natural gas and any liquid or gas made from petroleum crude, natural gas, coal, schist, shale, peat or any other bituminous substance or from any product of petroleum crude, natural gas and includestondensate; "petroleum business" means a concern carrying on the importation, refining, storage, transportation of sale of petroleum; "petroleum products" means Super petrol, Regular petrol, Kerosene and Automotive Diesel; . "retail dispensing site" means premises where petroleum is stored in bulk in one or more tankk, and dispensed to consumers for their own use and includes filling and service stations; "refined petroleum produCts" means the products yielded from the refining of petroleum; "retail pump price" means the prices of petroleum products at a retail dispensing site. 3. (1) There is established a formula for determining the maximum retail pump price of petroleum products at a retail dispensing site. (2) The formula shall consist of the factors described in Regulation 4 of these Regulations. (3)The prices determined using the formula set out in Regulation 4 of these Regulations shall be the maximum retail pump price of petroleum products which a person carrying on petroleum business shall sell at a retail dispensing site. (4)A person convicted of an offence under this Regulation shall be liable to a fine not exceeding one million shillings or the withdrawal of the operating licence or both. 4. The maximum retail pump price of petroleum products in shillings per litre which a person carrying on petroleum business shall sell at a retail dispensing site shall be determined as follows- At a retail dispensing site within a radius of 40 kilometres from the nearest distribution depot- Pi•(P„ +T)t1+m)+Km„, +Z Where, P. maximum retail pump price of petroleum products applicable in shillings per litre at a retail dispensing site. Pu. weighted average cost in shillings per litre in the Kenya Petroleum Refineries Limited (KPRL) and in Kipevu Oil Storage Facility (KOSF). v, c, + Cc P ,P rP rcp + vcrn Vim = volume of refined petroleum products imported through the open tender system in the previous calendar month in litres. C op= unit cost of refined petroleum products imported through the open tender system in the previous calendar month in shillings per litre. Vcrp = volume of petroleum products obtained from crude refined at KPRL in the previous calendar month in litres. C = unit cost of petroleum products obtained from crude refined at KPRL in the previous calendar month in shillings per litre. T = total taxes and levies for petroleum products in shillings per litre = (ten + t mil + t +tprl)• t ed =Excise Duty. t rnd =Road Maintenance Levy. t Pdl =Petroleum Development Levy. t pri =Petroleum Regulation Levy. K1,1+1 = pipeline tariff from Mombasa to the nearest distribution depot including allowed losses in shillings per litre which shall be as set out in the schedule hereto. Ill = Allowed combined gross margin being ten (10) percent for marketing companies and dealers carrying on petroleum business. Z = delivery rate from the nearest distribution depot to a retail dispensing site in shillings per litre which shall be as set out in the schedule hereto. Bdoret 2.706 phe VAT Kisumu 2.703 plus VAT Pipeline Tariff 1.530 plus VAT 2.t05plus VAT Delivery rate Within Town (40Ian radius) 0.42 plus VAT Putrid! Town 12.00 per kilornene per 1000 Litres Dated the 22nd October, 2008.. 44031311MT OCOA. for OfficiaIReceiVer. 14th Novtanber40911 THEZENYA GAZETTE 5.The unit corn of imported refined petroleum products :[ch L be determined' in accordanOe' with the calculation used in the open tender system for imponation of petroleum products. 6.The unit cost of `refined Petroleum Product" L erp ll be the actual landed cost of crude plus refinery fees for the Pievious month's crude imports allocated to the refinery' eroded* yields benchmarked to the cost of importation of the same refined products. 7.The Central Bank of Kenya mean selling rate for the month of importation shall be used for converting the imported refined petroleum products and crude oil costs determined under Regulations 5 and 6 of these Regulations from United States - dollars to Kenya shillings. 8.The factors, Km Z mentioned under Regulation 4 of these Regulations, the refinery fees-and KOSP storage charges shall be determined by die Commission. 9.The. Commission, may review the calculation of the maximum retail pump price of petroleum prodnets determined under Regulation 4 of these Repletion as and when it may deem fit for Purposes of monitoring cons once. 10.The Minister may review the forniula mentioned under Regulation 4 of these Regulations as and when he may deem fit. SCHEDULE (Regulation 4) Pipeline tariff and delivery rate Dated the 11th November, 2008 KABURU MWIRICHIA, Director7Oeneral, Energy Regulatory Commission. GAZIME NO710E. No. 10720 THE BANKRUPTCY ACE' (Cap. 53) P‘BILIC liXAMINATION Debtor's Name.-Joseph Waweru Njoroge. Address.-P.O. Box 365, Nandi !fills. Description. -Businessman. Date of filing petition.-14th July 2003. Court.-High. Court of Kenya at Kisumu. Date of order.-14th 114i, 2005. Petitioner -Debtor. Date jar Public ErantiriatiOrf.=24th November, 2008. Dated the 22nd October, 2008. IOSEPIONE00014, for Official -Receiver: CTA2ErreNancE. No. 10721 THE BANICRUMY ACT' (Cap. 53) PoBLICE26611NA'110N Debtor's name.-Philip Wakaba. Address. -P.O. Box 2989, Bdoret Description. -Businessman. Date of petition.-11th November, 2003. Court.-High Court of Kenya at Kisumu. Date of order.-11th November, 2003. Petitioner -Debtor. Date for Public Eranrimtbon.-30th October, 2008. Dated the 22nd October, 2008. _ JOSEPHINE OOOLA, for Official Receiver. GAZETTE NOTICE. NO. 10727 THE BANKRUPTCY ACT (Cap. 53) Pusuc EXAMINMION Debtor's name.-Joseph Kibet away. Address.-P.O. Box 1835, Bdoret. Date offing petition.-18th August, 2005. Court.-'High Court of Kenya at Kisumu. Number of Matter.-20 of 2005 Date of order.-24th Augusk2005. Petitioner -Debtor. Date pr. Public Examination.-2nd GAZerm Nonce. No. •10723 THE BANKRUPTCY ACT (Cap. 53) PUBLIC EXMAIPIATION Debtor's Name. -GeorgeOdhiatabo Odeno., Address. -P.O. Box 116, Ndori. Description.-Ilisinessman. Dateofffling petitkar.-18th January, 2005. Court. -High Court of Kenya at Kisumu. Number of Matter.-1 of 2005 Date of order.718th January,- 2005. Petitioner -Debtor. Date for Public Examination.7Ind April, 2009. Dated the 22nd October, 2008. JOSEPHINE 000IA, Receiver.