Nairobi, Kenya- A Kenyan petitioner has filed an urgent case at the High Court seeking conservatory orders to suspend the latest fuel price increases announced by the Energy and Petroleum Regulatory Authority (EPRA), arguing that the decision is unconstitutional, economically punitive, and lacking transparency.
The case, filed at the Constitutional and Human Rights Division of the High Court, comes amid rising public concern over the cost of living and mounting pressure on fuel pricing policy in Kenya.
Petitioner challenges legality of EPRA pricing decision
The petitioner, Francis Awino, has sued Energy and Petroleum Regulatory Authority (EPRA), alongside several senior government officials, including the Cabinet Secretaries for the National Treasury, Energy and Petroleum, and Investments, Trade and Industry, as well as the Attorney General and standards bodies.
He is asking the court to certify the matter as urgent and suspend implementation of the revised maximum retail fuel prices for the period between May 15 and June 14, 2026.
In the latest review, EPRA announced significant increases, including a rise of Ksh.16.65 per litre for Super Petrol and Ksh.46.29 per litre for Diesel, while Kerosene remained unchanged.
In Nairobi, the new prices stand at Ksh.214.25 for Super Petrol, Ksh.242.92 for Diesel, and Ksh.152.78 for Kerosene.
Constitutional claims and demand for transparency
Awino argues that the pricing decision violates Article 47 of the Constitution on fair administrative action, describing it as “opaque, unreasonable and procedurally unfair.”
He further claims the increase undermines socio-economic rights under Articles 43 and 46, particularly access to essential goods and consumer protection.
At the centre of the petition is a demand for full disclosure of EPRA’s fuel pricing formula, including landed costs, taxes, exchange-rate assumptions, profit margins, and levy structures.
The petitioner is also questioning the use of approximately Ksh.5 billion from the Petroleum Development Levy Fund, arguing that the public has not been adequately informed on how the funds were used to cushion fuel prices.
Environmental concerns and rising public pressure
The case also challenges a reported temporary waiver of sulphur fuel standards announced on April 30, 2026, arguing it could expose Kenyans to environmental and health risks if not properly justified.
The petitioner wants regulators, including the Kenya Bureau of Standards (Kenya Bureau of Standards (KEBS)) and the National Standards Council, to produce scientific assessments, public participation records, and environmental safeguards supporting the decision.
He is also seeking disclosure on the government’s National Energy Security and Resilience Plan, which is reportedly aimed at stabilising fuel supply and prices.
Rising tensions as transport sector threatens strike
The application warns that failure by the court to intervene could escalate public tension, trigger protests, and destabilise economic conditions.
Transport sector stakeholders, operating under the Transport Alliance umbrella, have already threatened a nationwide strike over the fuel price hikes, accusing the government of imposing “sharp and unjustified” increases.
The matter is expected to attract national attention as households continue to grapple with rising transport costs, inflationary pressure, and higher prices of basic commodities linked to fuel movements.
The High Court petition sets up a major legal and policy showdown over Kenya’s fuel pricing regime, with EPRA facing scrutiny over transparency, constitutional compliance, and economic impact. As pressure builds from both courts and transport operators, the case could become a defining moment in the country’s ongoing debate over energy pricing and cost-of-living reforms.
