Bonface Mulyungi

A second petition has been filed challenging the recent fuel price increment announced by the Energy and Petroleum Regulatory Authority (EPRA), with the petitioner seeking urgent conservatory orders to suspend the implementation of the revised petroleum prices for the May/June 2026 cycle.

In the application filed before the High Court in Nyamira, the Law Society of Kenya (LSK) argues that the sharp increase in the prices of Super Petrol and Diesel is unconstitutional, opaque, economically punitive and was undertaken without adequate public participation, transparency and accountability.

“The petition and application have been lodged to protect the general public who stand to suffer irreparably should the orders sought herein not be allowed as prayed. Furthermore, the economy is dwindling and is prone to be adversely affected if the impugned prices are not scrapped off and/or reviewed,” reads the petition.

The petition further challenges the government’s use of approximately Ksh.5 billion from the Petroleum Development Levy Fund, claiming there has been no sufficient disclosure on the computation, allocation and utilization of the funds.

The petitioner is also contesting the temporary waiver of sulphur standards announced by the Kenya Bureau of Standards (KEBS), arguing that the move raises serious health, environmental and consumer protection concerns contrary to Articles 42, 43, 46 and 69 of the Constitution.

Among the orders sought, the petitioner wants the court to compel the respondents to publish a full breakdown of fuel price computations, including taxes, levies, exchange rate assumptions, margins and subsidy allocations.

The petition further asks the court to restrain the respondents from utilizing monies from the Petroleum Development Levy Fund without full public disclosure and accountability measures.

The application states that the prevailing public outrage and threatened demonstrations over the fuel prices make the matter extremely urgent, warning that continued implementation of the impugned decisions risks escalating public tension and disrupting peace and public order.

“The impugned fuel prices impose a grave burden upon consumers and threaten rights under Articles 43 and 46 of the Constitution,” LSK argues.

“The public monies from the Petroleum Development Levy Fund have been deployed without adequate disclosure and accountability contrary to Articles 35, 201 and 206 of the Constitution of Kenya, 2010.