OIL AND GAS LAW Powering Development, Governed by Law
What Is Oil and Gas Law?
Oil and gas law is the specialised branch of law that governs the exploration, extraction, production, transportation, distribution, and commercialisation of petroleum and natural gas resources. It sits at the powerful intersection of property law, contract law, environmental law, administrative law, and international law, making it one of the most complex, high-value, and strategically significant areas of legal practice in the world today.
At its heart, oil and gas law determines who owns subsurface natural resources, who has the right to extract them, under what conditions they may be exploited, how the resulting revenues are shared, and what legal obligations attach to those who operate in the energy sector. In a world increasingly defined by energy security, climate considerations, and the race for natural resources, oil and gas law has never been more relevant or more consequential.
In Kenya and the broader East Africa region, oil and gas law has taken on enormous significance following the discovery of commercially viable crude oil deposits in the Turkana Basin in northwestern Kenya, and the continuing development of natural gas resources across the region, including Tanzania and Mozambique. Kenya stands at a pivotal moment in its energy journey, and the law governing that journey will shape the country’s economic future for generations to come.
Kenya’s oil and gas sector is governed by a comprehensive and evolving legal framework that includes: The Petroleum Act, 2019, The Energy Act, 2019, The Constitution of Kenya, 2010, The Natural Resources (Classes of Transactions Subject to Ratification) Act, 2016, The Mining Act, 2016, The Environmental Management and Coordination Act (EMCA), 1999, The Land Act, 2012, The Income Tax Act and the Finance Acts, Production Sharing Contracts (PSCs)
Oil and gas law encompasses a broad and interconnected range of legal matters: Upstream Activities — Exploration & Production, Midstream Activities, Transportation & Storage, Midstream law, Downstream Activities, Refining & Distribution, Oil and Gas Contracts, Revenue Sharing & Petroleum Fiscal Regimes, Environmental Law & Social Obligations, Dispute Resolution in the Oil and Gas Sector, Decommissioning & End of Field Life.
The East African Context
Oil and gas law in Kenya cannot be understood in isolation. East Africa is one of the most exciting frontier petroleum regions in the world, with significant discoveries across Uganda, Tanzania, Mozambique, and Kenya itself. Regional developments — including the East Africa Crude Oil Pipeline, cross-border unitisation agreements, and regional energy integration initiatives — mean that Kenyan oil and gas lawyers must increasingly think and operate at a regional and international level.