Court Petition Challenges EPRA Fuel Price Hike Over Transparency Concerns

A legal challenge has been launched against the recent fuel price increase, with a petitioner petitioning the High Court to halt the implementation of new pump prices set by the Energy and Petroleum Regulatory Authority (EPRA). According to documents seen, the petitioner approached the Constitutional and Human Rights Division of the High Court, requesting conservatory orders to block the new fuel prices announced by EPRA on multiple grounds. The petitioner contends that EPRA implemented the new prices without sufficient public involvement, claiming this violates constitutional provisions on public finance and administrative procedures in Kenya. The petition lists EPRA, National Treasury Cabinet Secretary John Mbadi, Energy and Petroleum Cabinet Investments Opiyo Wanfdayi, Trade and Industry Cabinet Secretary Lee Kinyanjui, Attorney General Dorcas Oduor, Kenya Bureau of Standards (KEBS), and the National Standards Council (NSC) as respondents. The central issue concerns fuel pricing methodology, with the petitioner requesting the court to order EPRA and the National Treasury to reveal comprehensive details of the pricing formula applied in the May to June review period. The petitioner demands public disclosure of landed fuel costs, applicable taxes and levies, exchange rate assumptions applied, profit margins, and the specific factors influencing monthly pump prices for Kenyan consumers. A key demand in the petition concerns Ksh5 billion in the Petroleum Development Levy Fund, which the petitioner claims has not been adequately explained regarding its use to protect consumers from escalating global oil prices. The petitioner seeks to prevent the government from accessing the fund until complete transparency is achieved, including publication of the allocation framework, identification of beneficiaries, and clarification of accountability procedures for fund utilization. Additional health concerns were raised in the petition, challenging the government’s waiver of sulfur fuel standards on grounds that it could lead to heightened environmental pollution and significant health hazards for Kenyan citizens. In this regard, the petitioner requests the court to mandate the Ministry of Investments, Trade and Industry, KEBS, and the NSC to submit technical reports and scientific evaluations that substantiate the decision to lower those fuel standards. The timing of the legal challenge is significant, as the petitioner outlines anticipated widespread impacts, noting that “the price adjustments will directly affect the economy by elevating transportation costs, food prices, and expenses for essential goods” utilized by everyday Kenyans. The price changes saw petrol increase by Ksh16.65 and diesel by Ksh46.29 per liter, with kerosene prices unchanged. As a result, Super Petrol and Diesel will be sold at maximum prices of Ksh214.25 and Ksh242.92 per liter respectively, effective May 15 for a 30-day period. The price hike has triggered nationwide criticism, culminating in a scheduled protest on Monday, May 18. Deputy President Kithure Kindiki, addressing a political gathering in Meru County on Saturday, linked the recent fuel price adjustments to the ongoing tensions between Iran, Israel, and the US, which have disrupted vessel traffic in the Strait of Hormuza situation Kindiki noted is beyond the government’s control.