The High Court has consolidated two petitions challenging Kenya’s fuel pump pricing regime, setting the stage for a single hearing on claims that the current pricing framework lacks transparency and accountability.
Justice Roselyne Aburili directed that Petition No. E385 of 2026, filed by the Law Society of Kenya (LSK) against the Attorney General and six other respondents, will serve as the lead file after finding that it raises substantially similar issues to Petition No. E309 of 2026 filed by activist Francis Awino.
The two petitions question the legality and constitutionality of the country’s fuel pricing system, alleging a lack of transparency in the determination of pump prices and the management of funds collected under the Petroleum Development Levy Fund.
During the proceedings, all parties agreed to consolidate the cases to avoid duplication of proceedings and the risk of conflicting court decisions.
In its response, the Energy and Petroleum Regulatory Authority (EPRA) urged the court to dismiss the petitions, describing them as misconceived and without legal merit.
Through an affidavit sworn by its Director of Economic Regulation and Strategy, Dr. John Mutua, EPRA maintained that it has consistently acted within the law in reviewing and setting monthly fuel prices.
The regulator said it publishes monthly petroleum pricing schedules together with explanatory statements outlining the factors considered in determining pump prices.
EPRA further argued that the fuel pricing formula is clearly provided for under the Petroleum (Pricing) Regulations, 2022, which is publicly accessible, and that the methodology used to compute prices has always been available to the public.
The authority also denied claims that it had withheld information from consumers, stating that neither Awino nor the other petitioners had submitted a formal request for information under the Access to Information Act.
According to EPRA, the Petroleum (Pricing) Regulations were subjected to public participation before coming into force, adding that the law does not require fresh public participation each time the regulator implements actions within its statutory mandate.
The regulator further explained that components such as gross margins, storage and distribution charges are determined through the Cost-of-Service Supply of Petroleum Products (COSSOP) study, which involves consultations with industry stakeholders. The latest review was conducted in October 2024.
EPRA also opposed the petitioners’ request for court-supervised periodic reporting on the Petroleum Development Levy Fund, arguing that such structural orders are only issued in exceptional cases involving persistent constitutional or statutory violations.
Justice Aburili directed all respondents who are yet to file their responses to do so within 14 days. The petitioners will then have a further 14 days to file supplementary affidavits and written submissions, after which the respondents will be granted a similar period to respond before the matter returns to court for highlighting of submissions and further directions.
