NAIROBI, Kenya May 17 – A fresh legal challenge has been filed at the High Court seeking urgent orders to suspend the latest fuel price adjustments announced by the Energy and Petroleum Regulatory Authority (EPRA), with the petitioner arguing that the move violates the Constitution and will worsen the cost of living.
In a petition lodged before the Constitutional and Human Rights Division, Francis Awino is seeking conservatory orders stopping the implementation of the revised maximum retail fuel prices for Super Petrol and Diesel covering the period between May 15 and June 14, 2026.
EPRA has been named as the first respondent in the case. Other respondents include the Cabinet Secretaries for the National Treasury and Economic Planning, Energy and Petroleum, and Investments, Trade and Industry, as well as the Attorney General, the Kenya Bureau of Standards (KEBS), and the National Standards Council.
The petitioner has asked the court to certify the matter as urgent, citing what he describes as immediate and far-reaching economic consequences of the new fuel prices.
Awino argues that the fuel pricing decision was made without adequate public participation, transparency, or accountability, contrary to constitutional standards governing administrative action and public finance management.
He contends that the adjustments are “opaque, unreasonable and procedurally unfair,” and therefore unconstitutional under Article 47, which guarantees fair administrative action.
The petition further argues that the revised prices will have a cascading impact on the economy, driving up transport costs, food prices, and the cost of essential goods, ultimately deepening pressure on households already struggling with inflation.
According to the court documents, the petitioner maintains that the fuel price increases infringe on socio-economic rights under Article 43 of the Constitution, particularly access to basic needs such as food, transport, and essential services.
He also cites consumer protection provisions under Article 46, arguing that Kenyans are entitled to fair, reasonable, and transparent pricing mechanisms in essential commodities.
A key request in the petition is for EPRA and the National Treasury to publicly disclose a detailed breakdown of the fuel pricing structure used in the latest review.
This includes landed costs of fuel imports, applicable taxes and levies, foreign exchange assumptions, profit margins, and the formula used to determine final pump prices.
The petitioner argues that the lack of transparency in the pricing mechanism undermines public trust and accountability in the management of essential commodities.
The case also challenges the alleged utilisation of approximately Sh5 billion from the Petroleum Development Levy Fund, which is intended to cushion consumers against global oil price shocks.
Awino claims that the public has not been adequately informed on how the funds were allocated, spent, or who benefited from the intervention measures.
He is seeking orders restraining further use of the levy fund unless full disclosure is made on its allocation framework, beneficiaries, and oversight mechanisms.
The petition further raises concerns over a reported temporary waiver on sulphur fuel standards issued on April 30, 2026, arguing that it may expose Kenyans to increased air pollution and health risks.
Awino is seeking either suspension of the waiver or a court directive compelling relevant agencies, including KEBS and the Ministry of Investments, Trade and Industry, to produce scientific assessments, technical reports, and records of public participation that informed the decision.
The petitioner is also seeking disclosure of the status of the National Energy Security and Resilience Plan, which is reportedly under implementation following approval by the National Security Council Committee.
He argues that the public has a right to know the government’s long-term strategy for addressing fuel supply stability, price volatility, and national energy resilience.
Awino has urged the court to treat the matter as urgent, citing growing public frustration over rising fuel costs and the potential for nationwide protests.
He warns that failure to intervene could heighten tensions, disrupt economic activity, and threaten public order.
The case is expected to attract widespread attention as Kenyans continue to grapple with rising transport fares, inflationary pressures, and the broader economic impact of fuel price adjustments.
