Court declines to certify as urgent a petition challenging fuel price increases. [File,Standard]
The High Court in Nairobi has declined to certify as urgent a petition challenging fuel price increases announced by the Energy and Petroleum Regulatory Authority (EPRA).
Justice Roselyne Aburili declined without elaboration and directed that petitioner Francis Awino, national convener of grassroots economic justice movement Mtetezi, serve all respondents before inter partes directions on June 2.
“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 inter partes directions on 2/6/2026,” reads the court order.
The petition challenges revised maximum retail petroleum prices set by EPRA for the May 15 to June 14, 2026 pricing cycle.
The increases triggered a nationwide transport strike on May 18 that paralysed public transport across the country. EPRA later revised the prices on May 19, reducing diesel by Sh10.06 per litre, a move transport operators rejected as insufficient.
Matatu operators later suspended the strike for one week after negotiations with the government to allow high-level talks, with the suspension running until May 26.
“Following consultations, it was agreed there was a need for negotiations at a high level within one week between now and May 26 and the strike is suspended to allow for negotiations,” said Interior Cabinet Secretary Kipchumba Murkomen.
Awino filed the case at the Constitutional and Human Rights Division of the High Court seeking conservatory orders to suspend implementation of the new prices.
He sued EPRA alongside the Cabinet Secretaries for National Treasury and Economic Planning, Energy and Petroleum, and Investments, Trade and Industry.
The Attorney General, Kenya Bureau of Standards (KEBS) and National Standards Council are also named.
Awino argues the fuel review was carried out without adequate public participation and transparency, contrary to constitutional requirements on fair administrative action and public finance management.
He describes the pricing decision as “opaque, unreasonable and procedurally unfair,” alleging breaches of Article 47 on fair administrative action and Articles 43 and 46 on socio-economic rights.
He further contends the price increases will raise transport costs, food prices and household expenses across the country.
Awino is also seeking disclosure of the fuel pricing formula used in the review, including landed costs, taxes, levies, exchange rates and profit margins.
He questions the reported use of about Sh5 billion from the Petroleum Development Levy Fund, arguing there has been no clear public breakdown of how the funds were applied to cushion consumers.
The case also challenges a temporary waiver on sulphur fuel standards announced on April 30, 2026, with Awino warning in court papers that relaxing the limits could expose the public to environmental and health risks.
In court papers, Awino cited public anger over fuel prices and the threat of nationwide protests as grounds for urgency.
The matter will be mentioned before Justice Aburili on June 2.
