A fresh legal battle has now emerged over the latest fuel price hike after a petitioner moved to the High Court seeking to suspend the implementation of the new pump prices announced by the Energy and Petroleum Regulatory Authority (EPRA).

🇰🇪 Breaking It Down

In a petition obtained by Kenyans.co.ke , the petitioner has moved to the Constitutional and Human Rights Division of the High Court seeking conservatory orders to suspend the latest fuel prices announced by EPRA on various grounds.

The petitioner's main argument is that EPRA pushed through the new prices without adequate public participation, which he argues is directly contrary to the constitutional requirements governing public finance and administrative action in Kenya.

His petition names EPRA, the Cabinet Secretaries for National Treasury, John Mbadi, Energy and Petroleum, Investments Opiyo Wanfdayi, Trade and Industry Cabinet Secretary Lee Kinyanjui, the Attorney General Dorcas Oduor, Kenya Bureau of Standards (KEBS), and the National Standards Council (NSC) as respondents.

📌 What You Need to Know

At the heart of the case is how fuel is priced; the petitioner wants the court to compel EPRA and the National Treasury to publicly disclose a detailed breakdown of the pricing formula used in the May to June review cycle.

In the pricing breakdown, he wants the landed fuel costs, applicable taxes and levies, the exchange rate assumptions used, profit margins, and the exact criteria determining what Kenyans pay at the pump every month to be made public.

One of the most pointed demands in the petition is about Ksh5 billion in the Petroleum Development Levy Fund. The petitioner argues the public has not been told how this money was used to cushion consumers against rising global oil prices.

He wants the court to restrain the government from touching the fund until full disclosure is made. This includes publishing the allocation framework, naming beneficiaries, and spelling out the accountability mechanisms governing how the money is spent.

Beyond funds, public health concerns were also raised in the petition challenging the government's decision to waive sulfur fuel standards, arguing the move could expose Kenyans to increased environmental pollution and serious health risks.

On that, he wants the court to compel the Ministry of Investments, Trade and Industry, KEBS, and the NSC to produce technical reports and scientific assessments that justify the decision to waive those fuel standards.

📰 Source: Kenyans.co.ke