A fresh legal showdown has erupted over Kenya’s latest fuel price hike after a petitioner moved to the High Court seeking to halt the implementation of the new pump prices announced by the Energy and Petroleum Regulatory Authority (EPRA).
The petition, filed before the Constitutional and Human Rights Division of the High Court and obtained by Kenyans.co.ke, seeks conservatory orders suspending the revised fuel prices on grounds of alleged lack of transparency, unconstitutional conduct, and failure to involve the public in the decision-making process.
At the centre of the dispute is the petitioner’s claim that EPRA imposed the latest fuel adjustments without adequate public participation, allegedly violating constitutional provisions governing public finance, accountability, and fair administrative action.
The case names several top government officials and institutions as respondents, including Treasury Cabinet Secretary John Mbadi, Energy and Petroleum Cabinet Secretary Opiyo Wandayi, Trade and Industry Cabinet Secretary Lee Kinyanjui, Attorney General Dorcas Oduor, the Kenya Bureau of Standards (KEBS), and the National Standards Council.
In the petition, the applicant is demanding the public release of a detailed fuel pricing formula used during the May–June review cycle. Specifically, he wants EPRA and the National Treasury compelled to disclose landed fuel costs, applicable taxes and levies, exchange rate assumptions, profit margins, and the criteria used to determine monthly pump prices.
One of the most explosive aspects of the petition concerns the Ksh5 billion Petroleum Development Levy Fund, which the petitioner claims has not been properly accounted for despite repeated assurances that it was being used to cushion Kenyans against soaring global oil prices.
The petitioner now wants the court to bar the government from accessing the fund until full disclosure is made regarding its allocation framework, beneficiaries, and accountability mechanisms.
The legal challenge also raises environmental and public health concerns over the government’s decision to waive sulfur fuel standards. According to the petition, the move could expose millions of Kenyans to dangerous pollution levels and long-term health complications.
As a result, the petitioner is seeking orders compelling the Ministry of Investments, Trade and Industry, KEBS, and the National Standards Council to produce scientific assessments and technical reports justifying the waiver of the fuel quality standards.
“The adjustments will have a direct ripple effect on the economy by increasing transport costs, food prices, and the cost of essential commodities,” the petitioner states in court documents.
The case comes amid growing public outrage following EPRA’s May 14 fuel review, which saw petrol prices rise by Ksh16.65 per litre and diesel by a staggering Ksh46.29 per litre, while kerosene prices remained unchanged.
Under the new review, Super Petrol now retails at a maximum of Ksh214.25 per litre, while Diesel costs Ksh242.92, effective from May 15 for the next 30 days.
The increase has triggered nationwide criticism, with the Motorists Association of Kenya threatening a 50 per cent fare increase and planning protests scheduled for Monday, May 18.
Meanwhile, Deputy President Kithure Kindiki defended the government over the sharp increase, linking the fuel crisis to escalating tensions involving Iran, Israel, and the United States.
Speaking during a political rally in Meru County on Saturday, Kindiki argued that the conflict had disrupted the movement of oil vessels through the strategically vital Strait of Hormuz, insisting the situation was beyond the government’s control.
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