The government’s proposal to regulate cooking gas prices has been thrown into disarray after a parliamentary committee dismissed new energy regulations, saying they were irregularly tabled and lacked public consultation.
The National Assembly Committee on Delegated Legislation recommended the annulment of the Petroleum (Operation of Common Petroleum Facilities) Regulations, 2025, which were designed to introduce an open tender system (OTS) for importing liquefied petroleum gas (LPG).
The committee argued that the Energy Ministry had failed to comply with the Statutory Instruments Act and the constitutional requirement for citizen participation.
If adopted, the new rules would have allowed private gas terminals to be declared common-user facilities, enabling the Energy and Petroleum Regulatory Authority (Epra) to set storage tariffs and regulate wholesale and retail prices of LPG.
The OTS model, already used for petrol, diesel, and kerosene, was intended to ensure the country imports the cheapest and most reliable gas supply through competitive tendering.
In its report to the National Assembly, the committee said the Energy Ministry mishandled the process by submitting the regulations late and without proper engagement with the public.
“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 report stated.
The committee further faulted the ministry for failing to meet constitutional provisions.
“Failure to demonstrate public participation in compliance with Article 10, Article 118 of the Constitution and Section 5 of the Statutory Instruments Act,” the report added.
The rejected regulations were among 10 others the committee wants scrapped. Energy officials had argued that the new framework was critical to reforming the cooking gas sector, which remains dominated by a few private importers.
Currently, only two private terminals handle LPG imports, a situation that limits government control over prices.
Epra Director General Daniel Kiptoo had earlier defended the proposed changes, saying they would lay the foundation for importing gas through the OTS, similar to other petroleum products. The plan was also expected to complement government tax relief measures meant to make cooking gas more affordable to households.
In addition, the regulations sought to allow consumers to buy cooking gas in smaller quantities using token-based systems — a move designed to help low-income families access cleaner energy alternatives.
The committee’s decision now leaves the government with no legal path to control LPG prices. Parliament is set to debate the report in the coming days, with MPs expected to support the recommendation to annul the regulations, as they have done in similar past cases.
