Petitioner wants court to suspend fuel price hikes, terms it unconstitutional

In a petition filed before the Constitutional and Human Rights Division of the High Court, Francis Awino has sued  EPRA as the first respondent alongside the Cabinet Secretaries for the National Treasury and Economic Planning, Energy and Petroleum, and Investments, Trade and Industry.

Also named in the case are the Attorney General, the Kenya Bureau of Standards (KEBS), and the National Standards Council.

The petitioner is asking the court to certify the matter as urgent and issue conservatory orders suspending the implementation of the maximum retail petroleum prices announced by EPRA for the period between May 15 and June 14, 2026.

The petition specifically targets the increase in the prices of Super Petrol and Diesel, which have triggered public concern over the rising cost of living.

In its latest review, EPRA indicated that the cost of Super Petrol and Diesel has gone up by Ksh.16.65 and Ksh.46.29 per litre, respectively, while the price of Kerosene remains unchanged.

In the application, Awino argues that the fuel price adjustments were implemented without sufficient public participation, transparency or accountability, contrary to constitutional requirements governing public finance and administrative action.

He contends that the latest price review will have a direct ripple effect on the economy by increasing transport costs, food prices and the cost of essential commodities, thereby placing additional strain on Kenyan households already grappling with the high cost of living.

“The impugned decision is opaque, unreasonable and procedurally unfair,” the petitioner states in the court papers, adding that the decision violates Article 47 of the Constitution on fair administrative action.

Awino further argues that the increase threatens socio-economic rights guaranteed under Articles 43 and 46 of the Constitution, particularly the rights of consumers and access to basic needs.

As part of the application, the petitioner wants the court to compel EPRA and the National Treasury to publicly disclose a detailed breakdown of the fuel pricing formula used in the May–June review cycle.

The requested disclosures include landed fuel costs, applicable taxes and levies, exchange-rate assumptions, profit margins and the criteria used in determining the final pump prices.

The petitioner is also demanding accountability regarding the reported utilisation of approximately Ksh.5 billion from the Petroleum Development Levy Fund (PDLF), arguing that the public has not been adequately informed on how the funds were applied to cushion consumers against rising global oil prices.

According to the court filings, the alleged use of the levy funds was undertaken “without adequate disclosure and accountability,” raising concerns over transparency and prudent management of public resources.

Awino is therefore seeking orders restraining the government from further utilising monies from the PDLF unless there is full disclosure of the formula, allocation framework, beneficiaries and accountability mechanisms guiding the expenditure.

The petition also raises concerns over environmental and public health standards following a reported temporary waiver of sulphur fuel standards announced on April 30, 2026.

The petitioner argues that relaxing sulphur limits in fuel products could expose Kenyans to increased environmental pollution and health risks.

He is seeking orders suspending the waiver or compelling the Ministry of Investments, Trade and Industry, KEBS and the National Standards Council to provide the court with technical reports, scientific assessments, records of public participation and environmental safeguards supporting the decision.

In addition, the petitioner wants the court to direct the Ministry of Energy and other relevant state agencies to disclose the status of implementation of the National Energy Security and Resilience Plan reportedly approved by the National Security Council Committee.

Awino argues that Kenyans have a right to know the government’s long-term strategy for addressing fuel supply stability, price volatility and national energy security.

The application states that the matter is exceptionally urgent due to growing public outrage over the latest fuel prices and threats of nationwide demonstrations.

According to the petitioner, failure by the court to intervene could heighten public tensions, trigger protests and negatively affect economic stability and public order.

The case is expected to draw significant national attention as concerns continue to mount over the impact of rising fuel prices on transport fares, inflation, food costs and the broader economy.

Transport sector players have intensified pressure on the government over rising fuel prices, threatening a nationwide strike beginning Monday and demanding EPRA's immediate disbandment.

In a statement issued under the Transport Alliance umbrella, the stakeholders have accused the government of imposing “sharp and unjustified” fuel price increases through EPRA, saying the latest adjustments had worsened the cost of living for Kenyans.