Terms

Website Terms of Use

Version 1.4 — last updated 24 October 2026

The website at www.mkokenya.com (the “Site”) is owned and operated by MKO KENYA LTD, a company registered in Kenya (“MKO”, “we”, “us” or “our”), trading as MKO Kenya Energies. Some features of the Site may have extra rules, which we show on the Site and which form part of these Terms.

These Terms of Use (“Terms”) govern your use of the Site. By using the Site you agree to these Terms for yourself or for the organisation you represent, and you confirm you have authority to do so. You must be at least 18 years old to use the Site. If you do not agree, please do not use the Site.

Your rights as a consumer: Nothing in these Terms takes away or limits any right you have under the Consumer Protection Act, 2012 or any other Kenyan law that cannot be excluded by agreement. If any part of these Terms conflicts with such a right, that right prevails.

1. Using the Site

1.1 Permission to use. Subject to these Terms, we give you a limited, non-exclusive, non-transferable and revocable permission to use the Site for your own personal or internal business purposes.

1.2 What you must not do. You must not: (a) sell, rent, license or commercially exploit the Site or its content; (b) copy, modify, reverse-engineer or create works based on any part of the Site, except as the law allows; (c) use the Site to build a competing product; (d) access the Site by automated means (such as scraping or bots) without our written permission, or try to break its security; (e) use the Site for anything unlawful, fraudulent or harmful, including anything that is an offence under the Computer Misuse and Cybercrimes Act, 2018; or (f) remove copyright or other notices.

1.3 Changes to the Site. We may change, suspend or stop all or part of the Site.

1.4 Ownership. The Site and its content — including text, designs, graphics, logos and software — belong to us or our licensors and are protected by Kenyan and international intellectual property law. These Terms do not transfer any ownership to you.

1.5 Feedback. If you send us ideas or suggestions about the Site, you allow us to use them freely, without payment or credit to you. Please do not send anything you consider confidential.

2. Privacy and cookies

2.1 How we collect and use personal data is explained in our Privacy Policy, which forms part of these Terms. If these Terms and the Privacy Policy conflict on personal data, the Privacy Policy prevails.

2.2 The Site uses cookies only for Google Analytics, and only if you allow them in the “Privacy choices” panel, as explained in our Cookie Notice.

3. Your responsibility to us

You (the user of the Site) shall be liable for any act or omission on your part, or on the part of your authorised agent, that causes loss, damage or harm to MKO or any other user of the Site, to the extent permitted by applicable law.

4. Other websites

The Site may link to or include services run by others. We do not control them and are not responsible for them. Their own terms and privacy policies apply.

5. Disclaimers

The Site is provided on an “as available” basis. While we take reasonable measures to maintain its accuracy, availability and security, we do not warrant that the Site will be uninterrupted, error-free or entirely free from harmful code.

Information provided on the Site is for general informational purposes only and should not be relied upon as a substitute for professional advice where such advice is required.

Nothing in this section excludes or limits any liability, statutory warranty or consumer right that cannot lawfully be excluded or limited under the laws of Kenya, including the Consumer Protection Act, 2012.

6. Limits on our liability

6.1 To the extent Kenyan law allows, we are not liable for indirect or consequential loss, or for loss of profits, business or data, arising from your use of the Site.

6.2 To the extent Kenyan law allows, our total liability to you for any claim arising from your use of the Site is limited to KES 5,000. This limit applies only to the Site as a source of information.

6.3 Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, for our breach of the Data Protection Act, 2019, or for anything else that Kenyan law does not allow us to limit. These Terms do not cover buying, supplying or using MKO's products: those are governed by any terms agreed for a sale or service, and Kenyan law, including the Consumer Protection Act, 2012; sections 6.1 and 6.2 do not apply to them.

7. Suspension and termination

These Terms apply while you use the Site. We may suspend or close your access if you seriously or repeatedly breach these Terms, if the law requires it, or to protect the Site or other users. Where reasonable, we will tell you why and give you a chance to respond. Sections 1.2, 1.4, 1.5, 3, 5, 6, 8 and 9 continue to apply after termination.

8. Law and disputes

8.1 Governing law. These Terms, and any dispute about them or the Site, are governed by the laws of Kenya.

8.2 Talk to us first. If you have a complaint, please contact us at admin@mkokenya.com or write to us at P.O. BOX 1658, 40200 Kisii. We aim to give an initial response within three working days. This is the time for our first reply, not a promise to resolve the complaint within that time.

8.3 Mediation encouraged. If a dispute arises out of or in connection with these Terms, we encourage both parties to try to resolve it through mediation in Kenya before starting court proceedings. Either party may invite the other to mediate by written request. Taking part in mediation is voluntary, and a party who declines will not lose any right or remedy as a result.

Nothing in this clause requires you to mediate before going to court, or prevents, delays or limits your right to commence proceedings in a court of competent jurisdiction in Kenya, to lodge a complaint with a competent regulatory authority, or to exercise any other right or remedy available to you under the laws of Kenya, including the Consumer Protection Act, 2012.

8.4 Courts. Subject to 8.3, the courts of Kenya have jurisdiction over any dispute.

9. General

9.1 Changes to these Terms. We may update these Terms. If a change is important, we will tell you on the Site before it takes effect. If you keep using the Site after the change takes effect, the new Terms apply. If you do not agree, please stop using the Site.

9.2 Electronic communications. You agree that we may communicate with you electronically, by email or notices on the Site, and that these communications meet any legal requirement for writing, as Kenyan law permits.

9.3 Accessibility. We aim to make the Site usable by everyone, including people with disabilities, and work towards the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA. If anything on the Site is hard to use, contact us at admin@mkokenya.com or +254 798 119 156.

9.4 Whole agreement. These Terms, with the Privacy Policy, Cookie Notice and any rules we show on the Site, are the whole agreement between you and us about the Site. If a court finds part of these Terms invalid, the rest continues to apply. If we do not enforce a term straight away, we can still enforce it later. You may not transfer your rights under these Terms without our written consent. We may transfer ours to a business that takes over the Site, provided your rights are not reduced.

9.6 Contact. MKO KENYA LTD, P.O. BOX 1658, 40200 Kisii, admin@mkokenya.com, +254 798 119 156 (Kisii), +254 706 492 112 (Busia), +254 727 302 543 (Kisumu and Malaba).