A Nairobi-based petitioner has moved to the High Court seeking urgent orders to suspend the latest increase in fuel prices announced by the Energy and Petroleum Regulatory Authority (EPRA), arguing that the decision is unconstitutional, opaque and economically punitive to Kenyans.
In a Notice of Motion filed before the Constitutional and Human Rights Division of the High Court, Francis Awino names EPRA as the 1st respondent alongside the Cabinet Secretaries for the National Treasury, Energy and Petroleum, and Investments, Trade and Industry.
The Attorney General, the Kenya Bureau of Standards (KEBS), and the National Standards Council are also listed as respondents.
Awino is asking the court to certify the application as urgent and issue conservatory orders halting the implementation of the maximum retail petroleum prices announced by EPRA for the period between May 15 and June 14, 2026, specifically targeting increases in Super Petrol and Diesel prices.
The petitioner further seeks orders compelling EPRA and the National Treasury to publicly disclose a detailed breakdown of the fuel pricing formula for the May–June cycle.
The requested disclosures include landed costs, taxes, levies, margins, exchange-rate assumptions and details surrounding the reported use of approximately Sh5 billion drawn from the Petroleum Development Levy Fund.
According to the court papers, the petitioner argues that the deployment of funds from the levy account has been carried out “without adequate disclosure and accountability” contrary to constitutional provisions on transparency and prudent use of public funds.
Awino also wants the court to restrain the government from further utilising monies from the Petroleum Development Levy Fund unless there is “full public disclosure of the basis, formula, allocation, beneficiaries and accountability framework” guiding the expenditure.
In a separate prayer, the petitioner challenges a temporary waiver of sulphur fuel standards reportedly announced on April 30, 2026. He argues that the relaxation of the standards raises serious environmental and public health concerns.
The application seeks orders suspending the waiver or, alternatively, compelling the Ministry of Investments, Trade and Industry, KEBS and the National Standards Council to provide the court with technical assessments, records of public participation and environmental safeguards supporting the decision.
Awino further asks the court to direct the Ministry of Energy and relevant state agencies to disclose the status of implementation of the National Energy Security and Resilience Plan reportedly directed by the National Security Council Committee.
In the application, the petitioner argues that the fuel pricing decision violates Article 47 of the Constitution on fair administrative action, saying the process was “opaque, unreasonable and procedurally unfair.”
He also claims the increased fuel prices threaten socio-economic rights protected under Articles 43 and 46 of the Constitution, citing the rising cost of living and the impact on consumers.
The application states that growing public outrage over the fuel prices and threats of demonstrations have made the matter exceptionally urgent, warning that failure by the court to intervene could escalate tensions and disrupt public order.
