Wandayi defends fuel importation process, denies substandard fuel reached Kenyans

by KenyaPolls

Energy Cabinet Secretary Opiyo Wandayi addressed Members of Parliament on Monday regarding the ongoing fuel importation issues affecting his ministry.

The Cabinet Secretary characterized the situation as a contained breach rather than a systemic failure of the importation framework.

During his presentation to the National Assembly Energy Committee, led by Nakuru Town East MP David Gikaria, Wandayi admitted that a Premium Motor Spirit (PMS) shipment from MT Elka Apollon, due between March 30 and April 1, 2026, entered the country despite quality issues.

Quality parameters including oxygenates, manganese, sulphur and benzene surpassed the limits specified in KS EAS 158:2025 and were apparently given a waiver.

Wandayi verified that the State Department for Petroleum requested a waiver from the Kenya Bureau of Standards (KEBS) regarding these parameters through letters sent on March 26 and March 27, 2026. The waiver was later approved by the Ministry of Trade and Industrialisation on March 28, 2026.

“Regarding the specific shipment, some parameters did not meet specifications, prompting the State Department of Petroleum to request a waiver from KBS on March 26 and March 27, which was properly granted by the Ministry of Trade on March 28. No test results were modified,” Wandayi informed the Members of Parliament.

He presented the waiver letter as evidence, along with loading port reports and internal review documents from the Kenya Pipeline Company (KPC).

When questioned about why imports were permitted outside the Government-to-Government (G-to-G) arrangement, Wandayi stated that no imports are allowed outside the Petroleum Act, 2019, and the Petroleum (Importation) Regulations, 2023 (Legal Notice No. 3 of 2023).

These legal instruments explicitly establish two channels: the G-to-G arrangement or the Open Tendering System (OTS).

“There is no alternative importation framework beyond what is prescribed by law,” he stated.

The Cabinet Secretary also disclosed that the Vessel Alignment Committee (VAC) observed on March 18, 2026, that a planned vessel had loaded in Jebel Ali but was unable to pass through the Strait of Hormuz, sparking concerns about possible supply shortages.

It was revealed that a multi-agency technical brief suggesting contingency cargo was submitted to the Principal Secretary of the State Department for Petroleum for approval.

Pressed to identify where the supply chain specifically failed, Wandayi referred MPs to KPC’s internal procedures, noting that the pipeline company received the loading port report on March 27 and examined it for compliance.

He mentioned that KPC prepared a report on this matter.

“The State Department subsequently requested a waiver based on that report,” he explained.

Members of Parliament were informed that KPC performed due diligence by reviewing the loading port report, conducting pre-discharge testing, and carrying out post-discharge testing at the KPC laboratory.

However, the Cabinet Secretary acknowledged that quality assurance procedures were pushed to their boundaries.

“The Ministry and its agencies are consistently reviewing their procedures to enhance them and guarantee compliance with the law.”

The Cabinet Secretary refused to identify responsible officials, noting that the matter is currently under investigation by the Directorate of Criminal Investigations (DCI).

“The DCI is investigating this matter,” was Wandayi’s response to the committee led by David Gikaria.

Nevertheless, he reassured members that the fuel was not in circulation.

“The importer has been ordered to cancel all invoices and issue credit notes to Oil Marketing Companies (OMCs), which have been directed not to accept the shipment,” he stated.

“The substandard fuel will be completely removed from Kenya, with the importer confirming adherence,” he added.

The Cabinet Secretary clarified that the shipment will not be factored into any petroleum pump price calculations.

“No substandard fuel reached consumers,” Wandayi insisted.

Looking forward, the Cabinet Secretary informed MPs that a thorough internal review of petroleum product management systems has been launched.

The review intends to enhance transparency and remove discretion in quality certification.

He reaffirmed the Ministry’s dedication to “preserving the integrity, stability, transparency, and accountability of the petroleum supply chain within the G-to-G framework.”

Earlier, Wandayi had informed MPs that an alternative supply had been arranged after the Vessel Management Committee convened on March 18 and observed that a Premium Motor Spirit (PMS)/super petrol vessel scheduled for delivery between March 30 and April 1 had loaded at Jebel Ali port in Dubai. However, it could not transit through the Strait of Hormuz due to the ongoing Iran conflict, leading the committee to note that PMS stocks were low, with the next vessel expected to arrive between April 3 and April 5.

“A brief on the supply situation was prepared by a multi-agency technical team that recommended contingency cargo to boost stock levels. The brief was submitted to the PS, State Department of Energy, for review and approval,” the Cabinet Secretary said.

The following day, the committee will hear from the chairperson of the Energy and Petroleum Regulatory Authority (EPRA), the Acting Managing Director of Kenya Pipeline, the Executive Director of One Petroleum Ltd, and the Managing Director of Oryx Ltd as the investigation proceeds.

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