Public Notice on Fuel Availability in the Country. pic.twitter.com/WJh1eEfFAu
— Competition Authority of Kenya (@CAK_Kenya) April 10, 2026
The Competition Authority of Kenya (CAK) has issued a cautionary statement warning oil marketing companies (OMCs) over alleged hoarding of fuel products and possible anti-competitive conduct in the petroleum sector.
In a statement released on April 10, 2026, the Authority said it had taken note of ongoing public concern regarding the availability of key fuel products including petrol, diesel, kerosene, and Jet A-1 across the country.
It also referenced statements made by associations representing oil marketing companies.
CAK emphasized that fuel is an essential commodity that supports economic activity and public welfare, warning that any deliberate actions by suppliers, distributors, or retailers to withhold supply in order to create artificial scarcity, manipulate prices, or gain unfair commercial advantage are prohibited under the Competition Act.
The Authority further noted reports and public pronouncements suggesting that some oil marketing companies may be hoarding fuel or refusing to supply non-franchised petroleum retailers in anticipation of a possible price increase.
According to CAK, such conduct may contravene several provisions of the Competition Act, including Section 21(1), which prohibits agreements or decisions that prevent, distort, or lessen competition in the market unless exempted by the Authority.
It also cited Section 21(3)(f), which prohibits discriminatory trading conditions that place certain market participants at a competitive disadvantage, and Section 21(3)(i), which bars conduct that restricts or distorts competition.
In addition, Section 57 of the Act prohibits unconscionable conduct in the supply of goods and services to business consumers.
CAK warned that violations of the law may attract penalties of up to 10 percent of a company’s previous year’s gross annual turnover in Kenya.
Individuals found guilty may also face imprisonment for up to five years or a fine not exceeding Sh10 million.
While affirming its mandate to investigate and sanction anti-competitive behaviour across all sectors, the Authority acknowledged the regulatory role of the Energy and Petroleum Regulatory Authority (EPRA). It said it would continue to monitor the situation nationwide and work closely with EPRA under an existing cooperation framework.