By Andrew Kariuki

The High Court has declined to certify as urgent a constitutional petition filed by activist Francis Awino challenging the latest fuel price increases announced by the Energy and Petroleum Regulatory Authority (EPRA), dealing an early setback to attempts aimed at immediately suspending the controversial pump prices.

In directions issued by Justice Roselyne Aburili, the court instead ordered that the matter proceed for inter partes directions on June 2, 2026 after all respondents are formally served with the petition and application.

“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 interparties directions on 2/6/2026,” the judge directed.

The petition, filed before the Constitutional and Human Rights Division of the High Court under Petition No. E309 of 2026, seeks conservatory orders stopping implementation of the revised fuel prices announced by EPRA for the May 15 to June 14, 2026 pricing cycle.

Awino sued EPRA alongside the Cabinet Secretaries for National Treasury and Economic Planning, Energy and Petroleum, and Investments, Trade and Industry. The Attorney General, the Kenya Bureau of Standards (KEBS), and the National Standards Council were also listed as respondents.

In the case, Awino argues that the latest increase in Super Petrol and Diesel prices was introduced without meaningful public participation and without adequate disclosure to Kenyans on how the final pump prices were arrived at.

He describes the pricing formula used by EPRA as opaque and procedurally unfair, arguing that the move violates constitutional protections on fair administrative action, transparency and consumer rights.

According to the petition, the fuel hikes are expected to trigger higher transport costs, rising food prices and increased costs of basic commodities, further worsening the economic pressure already facing many households across the country.

The activist is also demanding full disclosure of the pricing structure used in the latest fuel review, including landed fuel costs, taxes, levies, exchange-rate assumptions, margins and the calculations used in determining the final retail prices.

Awino has additionally questioned the reported use of approximately KSh5 billion from the Petroleum Development Levy Fund, arguing that the government has failed to publicly explain how the money was utilized to cushion consumers against rising global oil prices.

The petition further challenges the government’s temporary waiver of sulphur fuel standards announced on April 30, 2026, warning that the relaxation of fuel quality limits could expose Kenyans to environmental and health risks.

He is also seeking disclosure on the implementation of the government’s National Energy Security and Resilience Plan, insisting that Kenyans have a constitutional right to know the country’s long-term strategy on fuel supply stability and energy security.

Awino had urged the court to treat the matter as urgent, citing growing public anger, protests and fears of further nationwide demonstrations over the rising cost of fuel and living.

Court records show the matter was placed before Justice Aburili on May 18, 2026, where the judge directed immediate service of the petition ahead of further directions next month.