Activist files petition to block fuel price hike, seeks conservatory orders

Audio By Vocalize

A consumer rights activist has moved to the High Court seeking to suspend fuel prices announced for May and June, arguing the increases are unconstitutional and economically harmful.

Mtetezi convener Francis Awino filed a constitutional petition before the Constitutional and Human Rights Division at the Milimani Law Courts, naming seven respondents, including the Energy and Petroleum Regulatory Authority (EPRA), the National Treasury, the Attorney General and the Kenya Bureau of Standards (KEBS).

The petition challenges the revised fuel prices for the May 15 to June 14, 2026 pricing cycle, under which Super Petrol rose by Sh16.65 per litre while Diesel jumped by Sh46.29 per litre.

Awino argues the increases place an unbearable burden on consumers, transport operators, farmers and businesses already struggling with a high cost of living.

He further claims authorities failed to provide a transparent breakdown of how approximately Sh5 billion drawn from the Petroleum Development Levy Fund was used to cushion consumers, or how the intervention affected pump prices.

The petition also contests the continued implementation of an 8 per cent VAT on petroleum products, which Awino maintains was introduced without sufficient public participation or full disclosure.

A separate but related challenge targets a temporary adjustment of fuel standards announced by the Ministry of Investments, Trade and Industry on April 30, 2026, which allowed imported fuel to carry higher sulphur levels for six months due to global supply disruptions.

Awino argues the standards change raises environmental and public health concerns and was implemented without adequate accountability or public consultation.

He is seeking conservatory orders suspending the fuel prices, VAT measures and temporary standards pending the full hearing and determination of the case.