By Andrew Kariuki
The Law Society of Kenya (LSK) has moved to the High Court in Nyamira challenging the legality and constitutionality of the current fuel pricing regime, accusing the government and the Energy and Petroleum Regulatory Authority (EPRA) of violating constitutional principles on public finance, transparency and administrative fairness.
In Constitutional Petition No. E007 of 2026, the lawyers’ body argues that the recent fuel price increases announced for the May 15 to June 14, 2026 cycle were imposed without meaningful public participation and adequate disclosure to Kenyans.
The petition, filed against EPRA, the National Treasury, the Ministry of Energy, the Ministry of Trade, the Attorney General, KEBS and the National Standards Council, claims that the actions complained of violated Articles 10, 35, 43, 46, 47, 69, 201 and 206 of the Constitution.
LSK argues that despite the government announcing a reduction of VAT on petroleum products to 8 percent and further claiming to have deployed approximately KSh5 billion from the Petroleum Development Levy Fund to cushion consumers, fuel prices still rose sharply to what the Society describes as economically punitive levels.
The Society further accuses the respondents of failing to disclose how the Petroleum Development Levy Fund was utilized and how the final fuel prices were arrived at.
“The impugned pricing decision is opaque, unreasonable and procedurally unfair,” the petition states.
According to court documents, LSK is also challenging the temporary waiver of sulphur fuel standards announced on April 30, 2026, arguing that the move raises serious environmental and public health concerns and was undertaken without sufficient public participation or transparency.
The petition further claims that there have been intentional supply chain failures, port delays and market distortions which have contributed to fuel shortages and squeezed out independent fuel dealers.
LSK says the continued rise in fuel prices has already triggered nationwide economic hardship, transport disruptions and public protests, warning that the situation risks escalating public anger and instability if urgent accountability measures are not taken.
The matter was placed before Justice T. Cherere on May 19, 2026, where the court certified the matter urgent and directed that the petition and application be served immediately upon all respondents.
The court also issued strict timelines for responses ahead of a mention scheduled for May 28, 2026 to confirm compliance and issue further directions on the conservatory orders being sought.
Among the orders sought by LSK are the suspension of the latest fuel price increases, disclosure of the complete fuel pricing formula, accountability on the use of the Petroleum Development Levy Fund and suspension of the temporary fuel standards waiver pending proper public participation and environmental review.
The petition is being prosecuted by advocate Wilkins Ochoki on a pro bono basis on behalf of the Society.
