NAIROBI, Kenya — The Law Society of Kenya has threatened legal action against the government over rising fuel prices, increased electricity tariffs, and alleged constitutional violations linked to the ongoing nationwide protests.
In a detailed statement issued on Monday, LSK accused the government, the Energy and Petroleum Regulatory Authority, and the National Treasury of imposing economically unsustainable energy costs on Kenyans without sufficient public participation and transparency.
The Society warned that the cumulative effect of recent fuel and electricity pricing adjustments was placing unbearable pressure on households, businesses, transport operators, and manufacturers.
“The Society is deeply concerned that the cumulative effect of these measures has imposed a disproportionate and economically unsustainable burden on Kenyan households, businesses, manufacturers, transport operators, and other productive sectors of the economy,” the statement read in part.
Concerns Over Fuel and Electricity Costs
According to the lawyers’ body, the latest fuel price increases announced by EPRA on May 14 significantly raised the cost of diesel and petrol nationwide.
The Society noted that diesel prices in Nairobi had risen by Sh46.29 per litre to Sh242.92, while super petrol increased by Sh16.65 to Sh214.25 per litre.
LSK also raised concerns over additional electricity pass-through charges introduced through Gazette Notices No. 6002, 6003, and 6004.
The adjustments reportedly added about Sh4.72 per kilowatt-hour through fuel energy cost charges, foreign exchange fluctuation adjustments, and statutory levies.
The legal body argued that such decisions should comply fully with Articles 10, 47, and 201 of the Constitution of Kenya 2010, which require transparency, accountability, procedural fairness, and meaningful public participation.
LSK Demands Independent Audit
The Society demanded an immediate administrative review of the May–June 2026 EPRA pricing framework and the electricity tariff adjustments.
It also called for a transparent and independent audit of the Government-to-Government petroleum importation framework, including issues relating to pricing, market competition, and fuel quality.
LSK further demanded updates on investigations into the reported importation of adulterated fuel allegedly containing high sulphur levels.
The lawyers’ body questioned the status of arrests and prosecutions involving senior officials at the Kenya Pipeline Company linked to the alleged fuel procurement irregularities.
Condemnation of Violence and Police Brutality
The Society acknowledged that the Constitution guarantees the right to peaceful assembly and demonstrations under Article 37.
However, it condemned looting, vandalism, arson, and destruction of property witnessed during the ongoing protests over the rising cost of living.
At the same time, LSK criticised what it described as excessive use of force by police officers during demonstrations.
The Society specifically cited reported shootings and injuries involving protesters in Thika, saying the incidents raised serious constitutional and human rights concerns.
“Law enforcement agencies remain constitutionally obligated under Articles 238, 244, and 245 of the Constitution to discharge their mandate professionally, proportionately, and strictly within the confines of the Constitution,” the statement added.
Threat of Court Battle
LSK President Charles Kanjama said the Society was currently reviewing possible constitutional and judicial interventions challenging the legality of the pricing measures.
The lawyers’ body warned that if immediate corrective action is not taken, it will move to court to seek orders aimed at protecting constitutional governance, consumer rights, and socio-economic freedoms.
The Society also announced that its members were on standby to offer legal assistance where necessary during the protests.
The statement adds pressure on the government as nationwide demonstrations and transport disruptions continue over the escalating fuel crisis and rising cost of living.
