Kenya: Government Defends LPG Crackdown, Enforcing 2025 Regulations

• Energy and Petroleum Cabinet Secretary Opiyo Wandayi defended Kenya's intensified crackdown on illegal LPG trade, rejecting former Deputy President Rigathi Gachagua's claims of harassment and arbitrary seizures.
• The enforcement is based on the LPG National Growth Strategy and the Petroleum (Liquefied Petroleum Gas) (No. 2) Regulations, 2025, which mandate licensing, compliance, and traceability measures.
• Gachagua alleged over 200,000 cylinders were seized between June and October 2025, with some diverted to private businesses, though these claims are unverified.
• EPRA, alongside the National Police Service and DCI, is responsible for enforcing compliance, with procedures in place for documenting seized cylinders and offering operators a chance to be heard.
• A central LPG cylinder tracking system, outlined in the 2025 regulations, is being procured according to public laws to enhance accountability and traceability, with Wandayi dismissing claims of an awarded contract.

The government's unwavering commitment to full compliance, underpinned by the Petroleum (Liquefied Petroleum Gas) (No. 2) Regulations, 2025, signals a significant shift towards a more regulated and secure LPG market in Kenya.

Kenya's Energy and Petroleum Cabinet Secretary, Opiyo Wandayi, has strongly defended the government's ongoing crackdown on illicit liquefied petroleum gas (LPG) trade, pushing back against criticism from former Deputy President Rigathi Gachagua. Wandayi asserted that the government remains resolute in its efforts to enhance safety within the LPG sector and will not yield to political pressure or allow illegal dealers and refilling cartels to undermine these initiatives. He emphasized that enforcement operations will be intensified until full compliance with established regulations is achieved, with officers vigorously pursuing illegal LPG trade and refilling activities.

This firm stance follows Gachagua's allegations that authorities are subjecting small-scale gas traders to harassment, arbitrary arrests, and widespread seizures of LPG cylinders across the country. Gachagua claimed that over 200,000 cylinders were confiscated between June and October 2025, raising questions about their fate and alleging that some had been diverted to private LPG businesses with ties to politicians and state actors. These specific claims, however, have not been independently verified. Wandayi categorically rejected these allegations, stating that enforcement agencies are operating strictly within a defined regulatory framework designed to curb illegal refilling and illicit trade.

The legal foundation for the government's enforcement actions is anchored in the Petroleum (Liquefied Petroleum Gas) (No. 2) Regulations, 2025, alongside the LPG National Growth Strategy, which received Cabinet approval in October 2023. These 2025 regulations mandate that all LPG businesses secure the necessary licenses and adhere to specific licensing conditions. Furthermore, they introduce critical measures aimed at improving the identification and traceability of LPG cylinders, while strictly limiting refilling and trading activities to only authorized operators.

The Energy and Petroleum Regulatory Authority (EPRA) is at the forefront of enforcing compliance, working in collaboration with the National Police Service and the Directorate of Criminal Investigations (DCI) to address illegal operators. When illegally refilled cylinders are seized during these operations, established protocols require them to be meticulously documented in an inventory. This process must occur in the presence of representatives from the regulator, the police, and the affected operator, ensuring transparency. Additionally, operators are afforded an opportunity to present their case before any legal or administrative actions are initiated against them.

A key component of the 2025 regulations is the provision for a central LPG cylinder tracking system, a measure designed to significantly enhance accountability and oversight across the entire LPG supply chain. This system is intended to meticulously record cylinder purchases and sales, thereby making cylinders traceable and strengthening overall sector governance. Despite the clear regulatory intent, Wandayi addressed and dismissed claims that a specific company had already been awarded a contract to operate this proposed system.

He clarified that the procurement process for the central tracking system would be conducted in strict adherence to public procurement laws, emphasizing that the process is still far from completion. This future system is expected to play a crucial role in ensuring that all LPG cylinders can be tracked effectively, further bolstering the government's efforts to curb illicit trade and improve safety standards.

The ongoing dispute between Cabinet Secretary Wandayi and former Deputy President Gachagua has brought the government's LPG enforcement strategy under intense public scrutiny. Gachagua continues to assert that small-scale traders have faced systematic harassment and arbitrary arrests in various regions, including Nairobi, Kiambu, Kajiado, Machakos, the North Rift, Nyanza, and Western. He has publicly called for the return of cylinders he claims were seized from traders and demanded investigations into officials involved in the enforcement operations.

However, Wandayi remains steadfast, reiterating that the crackdown is indispensable for consumer protection and the overall integrity of the sector. He issued a clear warning that the government will persist in pursuing businesses engaged in illegal LPG refilling and trade. The government's unwavering commitment to full compliance, underpinned by the Petroleum (Liquefied Petroleum Gas) (No. 2) Regulations, 2025, signals a significant shift towards a more regulated and secure LPG market in Kenya.

Lawyers advising clients in Kenya's LPG sector must ensure strict compliance with the Petroleum (Liquefied Petroleum Gas) (No. 2) Regulations, 2025, and the ongoing intensified enforcement by EPRA, to mitigate risks of arbitrary arrests, seizures, and other legal actions. Compliance officers should review their operational procedures to align with licensing conditions and prepare for the upcoming central cylinder tracking system.

Source: Original reporting via Capital News