The bid to start competitive importation of cooking gas has derailed after a parliamentary committee rejected regulations that would allow the State to introduce an open tender system (OTS) for the commodity.
The National Assembly Committee on Delegated Legislation says the Petroleum (Operation of Common Petroleum Facilities) Regulations, 2025 were tabled in Parliament outside the stipulated time. It added that there was no public participation in formulating the laws.
The regulations would allow for the designation of private cooking gas handling terminals as common-user facilities. The energy regulator would then set tariffs for the handling and storing of LPG, and also set retail and wholesale prices of cooking gas.
Under the OTS model, the tender to ship petroleum products is awarded to the bidder who quotes the lowest price, ensuring that importation of the cheapest but quality fuel.
‘The committee recommends that the House annuls in entirety the following regulations for the following reasons; the legal notices were published on May 10, 2025 and transmitted to the clerk of the National Assembly on July 11, 2025 being outside the seven sitting days timeline contemplated under section 11(1) of the Statutory Instruments Act,’ the committee says in the report.
‘Failure to demonstrate public participation in compliance with Article 10, Article 118 of the Constitution and Section 5 of the Statutory Instruments Act.’
The government is relying on the regulations to permit the import of cooking gas via the OTS, which could enable it to control the retail price of the commodity, as it does with petrol, diesel and kerosene.
Currently, cooking gas is imported privately using two terminals, which has made it impossible for the State to intervene and control prices as it does for petrol, diesel and kerosene.
The Petroleum (Operation of Common Petroleum Facilities) Regulations, 2025 are one of ten new regulations that the committee wants revoked.
Early last month, Daniel Kiptoo, the Director General of the Energy and Petroleum Regulatory Authority (Epra), said that the new laws would anchor the shift to OTS importation of cooking gas.
Cooking gas dealers have failed to lower the price of the commodity in line with tax breaks introduced by the government, prompting the latest push to switch to the OTS.
Other regulations that the parliamentary committee rejected sought to allow the sale of cooking gas in tokens, which could enable more low-income households to afford the commodity for cooking.
Parliament is expected to debate and consider the committee’s recommendation to reject the ten regulations. Members of Parliament have traditionally agreed with proposals from House committees.