NAIROBI, Kenya —Francis Awino has taken the Energy and Petroleum Regulatory Authority (EPRA) and the National Treasury to Milimani High Court, challenging the recent approval of fuel price increases that raised diesel by Ksh 46.29 per litre, despite the government using Ksh 5 billion from the Petroleum Development Levy Fund to cushion consumers.
The petition, certified urgent on 18 May 2026, names the Energy and Petroleum Regulatory Authority (EPRA), three Cabinet Secretaries, the Attorney General, Kenya Bureau of Standards (KEBS), and the National Standards Council as respondents.
Awino’s court papers describe EPRA’s pricing decision as “opaque, unreasonable, and procedurally unfair” under the Constitution and Kenya’s Fair Administrative Action Act.
Awino seeks conservatory orders suspending the implementation of EPRA’s maximum retail prices for Super Petrol and Diesel for the period 15 May to 14 June 2026. He also wants the court to compel the disclosure of a full price breakdown and the utilisation of the Ksh 5 billion subsidy.
The contested decision came after an earlier round of fuel price hikes in April-May. EPRA announced on 14 May that Super Petrol would rise by Ksh 16.65 per litre and diesel by Ksh 46.29 per litre, with kerosene unchanged.
The authority attributed the hike to landed cost increases of 10% for Super Petrol and 20.32% for diesel between March and April 2026.
Awino argues that it’s unfair that pump prices remain high despite a VAT reduction to 8% on petroleum products, introduced by Legal Notice No. 70 of 15 April 2026.
He also disputed a temporary waiver of sulphur standards up to 50mg/kg for six months, announced on 30 April by the Ministry of Investments, Trade and Industry.Awino argues this move threatens public health and the environment, citing Articles 42 and 69 of the Constitution.
“The temporary adjustment of fuel standards raises serious health and environmental concerns under Articles 42 and 69 of the Constitution,” the affidavit reads.
The petitioner further warns that public outrage over the price spike may precipitate protests and disruption of public order unless the court intervenes urgently.
The case is before the Constitutional and Human Rights Division, with Lady Justice R. E. Aburili scheduled to hear the certificate of urgency. No hearing date has been set for the substantive petition.
Awino says he’s acting in the public interest, listing Constitutional articles on access to information, environmental protection, consumer rights, fair administration, and public finance among the rights allegedly violated.
