- Justice Roselyne Aburili has declined to certify as urgent a constitutional petition challenging the latest fuel price increases announced by Energy and Petroleum Regulatory Authority (EPRA).
Instead the court directed that the matter be heard inter parties on the 2nd of next month.
The petition, filed by Francis Awino before the Constitutional and Human Rights Division of the High Court, seeks conservatory orders suspending the implementation of the revised maximum retail petroleum prices announced by EPRA for the period between May 15 and June 14, 2026.
“I decline to certify it as urgent and direct the petitioner to serve all the respondents forthwith with the petition and the notice of motion for inerparties directions on 2/6/2026,” reads the order
Awino sued EPRA alongside the Cabinet Secretaries for the National Treasury and Economic Planning, Energy and Petroleum, and Investments, Trade and Industry. Also named in the case are the Attorney General, Kenya Bureau of Standards (KEBS), and the National Standards Council.
The petitioner argues that the increase in Super Petrol and Diesel prices was implemented without adequate public participation, transparency and accountability, contrary to constitutional principles governing public finance and administrative action.
In court papers, Awino describes the fuel pricing decision as “opaque, unreasonable and procedurally unfair,” arguing that it violates Article 47 of the Constitution on fair administrative action and threatens socio-economic rights protected under Articles 43 and 46.
He further contends that the latest fuel review will trigger a ripple effect across the economy by increasing transport costs, food prices and the cost of essential commodities, thereby worsening the burden on households already struggling with the high cost of living.
The petition also seeks orders compelling EPRA and the National Treasury to disclose a detailed breakdown of the fuel pricing formula used in the May–June review cycle, including landed fuel costs, taxes and levies, exchange-rate assumptions, profit margins and the criteria used in determining final pump prices.
Awino is additionally questioning the reported utilisation of approximately Sh5 billion from the Petroleum Development Levy Fund, arguing that there has been inadequate public disclosure on how the funds were used to cushion consumers against rising global oil prices.
The case further challenges a reported temporary waiver of sulphur fuel standards announced on April 30, 2026, with the petitioner warning that the relaxation of sulphur limits could expose Kenyans to environmental pollution and health risks.
He is also seeking disclosure on the implementation status of the government’s National Energy Security and Resilience Plan, arguing that Kenyans have a right to know the country’s long-term strategy on fuel supply stability and energy security.
Awino told the court the matter was urgent due to growing public outrage over rising fuel prices and the threat of nationwide demonstrations if no intervention is made.
