Petition filed for removal of CS Opiyo Wandayi over substandard fuel importation

The petitioner, Francis Owino, is urging the court to certify the matter as urgent and grant conservatory orders barring CS Wandayi from exercising the powers of the office pending the hearing and determination of the case.

The application further seeks alternative orders restricting the CS from making or implementing any decisions relating to petroleum procurement, importation, licensing, or regulatory approvals as the case proceeds.

According to court documents, the Petitioner also wants the court to compel the Respondent to surrender authority over ongoing fuel importation processes to an independent mechanism under court supervision.

Additionally, the court has been asked to restrain the CS from interfering with investigations, witnesses, or evidence linked to the alleged scandal.

The petitioner claims that the CS, as the overall authority in the energy sector, allegedly presided over or was complicit in the unlawful importation of petroleum products that failed to meet required standards.

The Petitioner alleges that the process was riddled with irregularities, including the bypassing of mandatory Pre-export Verification of Conformity (PVoC), importation of fuel that did not meet KS EAS 158:2025 standards, issuance of questionable waivers, and the mixing of substandard fuel with compliant stock.

He further claims that these actions have exposed consumers to unsafe petroleum products, distorted the market, and undermined regulatory safeguards meant to protect the public.

He notes that several public officials have already been arrested while others have resigned in connection with the matter, underscoring what the Petitioner terms as the gravity of the scandal.

Despite this, the petitioner claims that the CS is accused of continuing to hold office and exercise authority without accountability, including allegedly failing to honour parliamentary summons.

The Petitioner argues that the continued stay in office by the Respondent poses a real risk of further unlawful actions and possible interference with ongoing investigations due to the influence of the office.

The court documents also reveal that the Petitioner claims to have faced threats, intimidation, and even physical assault for pursuing the matter, arguing that his constitutional rights have already been violated.

He now contends that unless the court intervenes, both his rights and the broader public interest will be at risk, and the substance of the petition could be rendered meaningless.

The application maintains that a prima facie case has been established with a high likelihood of success and that the balance of public interest favours the granting of conservatory orders to safeguard accountability and integrity in the energy sector.