A resident of Nairobi has filed a petition at the High Court, demanding immediate suspension of recent fuel price hikes implemented by the Energy and Petroleum Regulatory Authority (EPRA), asserting that the decision violates constitutional principles, lacks transparency, and imposes unfair financial burdens on Kenyan citizens.
Through a Notice of Motion submitted to the Constitutional and Human Rights Division of the High Court, Francis Awino designates EPRA as the primary respondent, along with Cabinet Secretaries for National Treasury, Energy and Petroleum, and Investments, Trade and Industry. The Attorney General, Kenya Bureau of Standards (KEBS), and National Standards Council are also named as respondents in the legal action.
The petitioner requests the court to classify his application as urgent and issue conservatory orders preventing the enforcement of maximum retail petroleum prices set by EPRA for the period from May 15 to June 14, 2026, particularly focusing on price increases for Super Petrol and Diesel.
Additionally, Awino seeks directives requiring EPRA and National Treasury to publicly provide a comprehensive breakdown of the fuel pricing formula for the May-June period. The demanded information encompasses landed costs, taxes, levies, profit margins, exchange-rate assumptions, and specifics regarding the alleged utilization of approximately Sh5 billion from the Petroleum Development Levy Fund.
Legal documents submitted by the petitioner contend that expenditure from the levy account has occurred “without sufficient disclosure and accountability,” violating constitutional requirements regarding transparency and responsible management of public resources.
The applicant also seeks judicial intervention to prevent the government from accessing additional funds from the Petroleum Development Levy Fund until there is “complete public disclosure of the rationale, formula, distribution, beneficiaries, and accountability framework” governing such expenditures.
In a separate request, Awino contests a temporary suspension of sulphur fuel standards reportedly announced on April 30, 2026. He maintains that easing these standards creates substantial environmental and public health risks.
The legal action calls for either the suspension of the waiver or, alternatively, requires the Ministry of Investments, Trade and Industry, KEBS, and National Standards Council to submit to the court technical evaluations, documentation of public involvement, and environmental protection measures that justify the decision.
The petitioner additionally requests that the court instruct the Ministry of Energy and pertinent government bodies to reveal the progress of implementing the National Energy Security and Resilience Plan, reportedly mandated by the National Security Council Committee.
Within the application, the petitioner asserts that the fuel pricing determination contravenes Article 47 of the Constitution concerning fair administrative procedures, characterizing the process as “non-transparent, irrational, and procedurally unjust.”
He further contends that the elevated fuel prices jeopardize socio-economic rights guaranteed under Articles 43 and 46 of the Constitution, pointing to escalating living costs and adverse effects on consumers.
The petition emphasizes that mounting public discontent regarding fuel prices and potential protest demonstrations render the case particularly urgent, with the warning that judicial inaction might intensify conflicts and compromise public stability.
This news report was originally published by Radio47.