A constitutional petition has been filed at the High Court seeking to stop the ongoing privatisation of the Kenya Pipeline Company (KPC), citing alleged constitutional, legal and procedural violations in the process.
In Petition No. E001 of 2026, lodged before the Constitutional and Human Rights Division at the Milimani Law Courts, activists Okiya Omtatah Okoiti, Bernard Muchiri Muchere and Naomi Nyakerario Misati are challenging the legality of the proposed sale of a controlling stake in KPC through an Initial Public Offering (IPO).
The petition names the National Executive, the Attorney General, the Privatisation Commission and Authority, the Board of KPC, the National Assembly, and the International Monetary Fund (IMF) among the respondents.
Katiba Institute and the Law Society of Kenya have been listed as interested parties.
According to the court filings, the petitioners argue that the government intends to privatise 65% of KPC by March 31, 2026, in a process they claim is externally driven by conditions attached to Kenya’s loan programmes with the IMF, rather than by a sovereign policy decision grounded in public interest.
The petitioners contend that KPC is a 100% state-owned, a strategic monopoly responsible for the transportation, storage and security of petroleum products and that its privatisation raises serious concerns relating to national energy security, public finance and inter-generational equity.
They further allege that the privatisation process is unconstitutional because it is anchored on Gazette Notice No. 8739 of August 14, 2009, issued under the repealed Privatisation Act of 2005, which they argue was never aligned with the 2010 Constitution as required by law.
In their filings, the petitioners also question the validity of the Privatisation Act, 2025, arguing that it unlawfully permits the transfer of collectively owned public assets to private entities in violation of constitutional principles on sovereignty, public trust and prudent management of public resources.
The petition further alleges that the privatisation is being pursued despite claims of unexplained financial discrepancies at KPC amounting to approximately Sh97 billion, which they argue should first be subjected to forensic audit and recovery before any divestment is considered.
Alongside the main petition, the applicants have filed an urgent application seeking conservatory orders to immediately suspend any steps towards the privatisation of KPC, including valuation, engagement of transaction advisers, issuance of prospectuses, or sale of shares.
They are also seeking orders compelling the disclosure of all documents relating to the privatisation process, including Cabinet memoranda, IMF agreements, valuation reports and parliamentary approvals.
The petition asks the High Court to certify the matter as raising substantial constitutional questions and to refer it to the Chief Justice for empanelment of a multi-judge bench to hear and determine the case.
The matter is yet to be scheduled for hearing.
By Andrew Kariuki
