By KPC Reporter
The Law Society of Kenya (LSK) recently filed a constitutional petition at the High Court in Nyamira, challenging the recent fuel price increases that have sparked nationwide outrage.
The prices were announced by the Energy and Petroleum Regulatory Authority (EPRA) on May 15, and the Society has termed the hike unlawful, opaque, and economically devastating to Kenyans.
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On Monday and Tuesday, the country lost millions of shillings after public transport operators kept their vehicles off the roads.
The strike was, however, suspended on Tuesday afternoon after representatives of the transporters and government officials agreed to resume operations.
Filed through Ochoki & Co. Advocates, the petition seeks to quash EPRA’s May 14, 2026 decision that raised the price of Super Petrol by Ksh.16.65 per litre and Diesel by Ksh.46.29 per litre for the May–June pricing cycle.
The Society argues that the move violated several constitutional provisions, including Articles 10, 35, 43, 46, and 47, which guarantee transparency, public participation, and socio-economic rights.
“The decision to impose the impugned increments was made without adequate public participation or disclosure of the full pricing formula,” the petition states.
Further, the LSK contends that the government’s failure to explain how the Petroleum Development Levy Fund, amounting to Ksh.5 billion, was utilized constitutes a breach of public finance principles under Articles 201 and 206 of the Constitution.
The lawyers’ body has named seven respondents, among them the Cabinet Secretaries for National Treasury, Energy and Petroleum, and Investments, Trade and Industry, as well as the Attorney General, Kenya Bureau of Standards (KEBS), and the National Standards Council (NSC).
The LSK asserts that these offices collectively failed to uphold transparency and accountability in fuel pricing and environmental standards.
Advocate Wilkins Ochoki argues that the matter warrants immediate judicial intervention due to its far-reaching economic and social impact.
“The increment followed closely after the recent April–May fuel price spike,” he notes, adding that the depletion of the stabilization fund “has exposed taxpayers to high and unattainable standards of living.”
The petition also highlights that the temporary waiver of sulphur standards announced last month—allowing fuel with up to 50 mg/kg sulphur content—was done without public participation or adequate disclosure.
The Society claims the waiver threatens Articles 42 and 69 of the Constitution, which safeguard environmental and health rights.
“The relaxation of fuel quality standards touching on air quality and public health cannot lawfully be sustained without robust disclosure, accountability, and environmental justification,” the petition reads.
Additionally, the LSK accuses the respondents of failing to implement the National Energy Security and Resilience Plan directed by the National Security Council Committee in March 2026, which was meant to mitigate the effects of global oil price volatility and supply disruptions linked to the Middle East conflict.
The Society argues that the cumulative effect of the government’s actions has been “regressive, disproportionate, and inconsistent with the State’s duty to respect, protect, promote, and fulfill rights and fundamental freedoms.”
It warns that the opaque handling of fuel pricing has “exposed the country to escalating public anger and threatened protests capable of undermining peace and public order.”
The LSK wants Justice Thripsisa Cherere to declare the fuel price decision and sulphur waiver unconstitutional, issue an order of certiorari to quash EPRA’s May 14 press release, and a mandamus compelling the Treasury and EPRA to publish the full pricing breakdown within seven days.
The Society also seeks a structural interdict requiring periodic compliance reports to the court.
The matter has been scheduled for mention on May 28, 2026.
