Justice Roselyne Aburili has declined to label as urgent a constitutional petition contesting the recent fuel price increases implemented by the Energy and Petroleum Regulatory Authority (EPRA). The court instead instructed that the case be heard between parties on June 2, 2026.
The court order states, “I refuse to recognize it as urgent and instruct the petitioner to immediately serve all respondents with the petition and motion notice for between-parties directions to be heard on June 2, 2026.”
Francis Awino submitted the petition to the Constitutional and Human Rights Division of the High Court, requesting protective orders to halt the implementation of the updated maximum retail petroleum prices declared by EPRA from May 15 to June 14, 2026.
Awino named EPRA as a defendant along with Cabinet Secretaries responsible for National Treasury and Economic Planning, Energy and Petroleum, and Investments, Trade and Industry. The Attorney General, Kenya Bureau of Standards (KEBS), and the National Standards Council were also included as respondents in the case.
The petition contends that the higher prices for Super Petrol and Diesel were established without sufficient public involvement, transparency, and accountability, violating constitutional principles that regulate public finance and administrative procedures.
Court documents characterize the fuel pricing determination as “unclear, unjust, and procedurally inequitable,” asserting that it contravenes Article 47 of the Constitution regarding fair administrative conduct and jeopardizes socio-economic rights safeguarded under Articles 43 and 46.
The petitioner further asserts that the most recent fuel adjustment will create widespread economic consequences by elevating transportation expenses, food costs, and prices of necessary goods, intensifying the financial strain on families already facing elevated living costs.
Awino is also demanding court orders requiring EPRA and the National Treasury to reveal a comprehensive breakdown of the fuel pricing formula applied during the May-June review period, encompassing imported fuel expenses, taxes and charges, exchange rate projections, profit margins, and the factors considered in establishing final pump prices.
Furthermore, he is challenging the reported allocation of approximately Sh5 billion from the Petroleum Development Levy Fund, maintaining that insufficient information has been made public regarding how these resources were utilized to protect consumers from escalating international oil prices.
The legal challenge also addresses a reported temporary suspension of sulphur fuel standards declared on April 30, 2026. Awino maintains that easing sulphur restrictions could subject Kenyans to environmental contamination and health dangers.
He is also requesting information regarding the progress of the government’s National Energy Security and Resilience Plan, asserting that Kenyans have a legitimate interest in understanding the nation’s long-term approach to fuel supply reliability and energy protection.
Awino informed the court that the situation required immediate attention due to mounting public dissatisfaction with increasing fuel prices and concerns about potential nationwide protests if no official action is taken.