By Andrew Kariuki

A fresh constitutional petition has been filed at the High Court in Nairobi challenging the latest fuel price increases announced by the Energy and Petroleum Regulatory Authority (EPRA), with the petitioner accusing the government of imposing an unfair economic burden on Kenyans amid the rising cost of living.

The case, filed under Constitutional Petition No. E309 of 2026 by Francis Awino, names EPRA, the National Treasury, the Ministry of Energy, the Ministry of Investments, Trade and Industry, the Attorney General, the Kenya Bureau of Standards (KEBS) and the National Standards Council as respondents.

In the urgent application filed before the Constitutional and Human Rights Division at Milimani Law Courts, the petitioner is seeking conservatory orders to suspend the implementation of the revised fuel prices announced for the period between May 15 and June 14, 2026.

According to court documents, the petitioner argues that the increase in fuel prices violates several constitutional provisions relating to public participation, accountability, transparency and socio-economic rights.

EPRA had announced that Super Petrol prices would increase by Ksh16.65 per litre while Diesel would rise by Ksh46.29 per litre, with Kerosene prices remaining unchanged.

The petition further challenges the continued implementation of the 8% VAT on petroleum products under Legal Notice No. 70 of April 15, 2026, arguing that despite government subsidies through the Petroleum Development Levy Fund, consumers continue to face “extremely high and oppressive fuel prices.”

Awino claims that the government failed to disclose the full pricing formula, including the exact utilization of approximately Ksh5 billion reportedly withdrawn from the Petroleum Development Levy Fund to cushion consumers against high Diesel and Kerosene prices.

The petitioner also raised concerns over the temporary adjustment of fuel standards announced on April 30, 2026, which increased sulphur limits for imported fuel products for six months. He argues that the decision was made without adequate public participation, environmental accountability or disclosure of technical assessments.

Court documents indicate that the petitioner wants the High Court to compel the respondents to disclose the complete fuel pricing formula, subsidy allocations and all related public finance records connected to the Petroleum Development Levy Fund.

The petition further warns that unless the court intervenes urgently, Kenyans will continue suffering under increased transport costs, higher commodity prices and escalating economic pressure affecting households and businesses across the country.