The government’s plan to partially sell off the Kenya Pipeline Company (KPC) has landed in court, with petitioners accusing the State of bowing to external pressure at the expense of Kenya’s sovereignty and public interest.
Busia Senator Okiya Omtatah, together with Bernard Muchiri Muchere and Naomi Nyakerario Misati, filed a constitutional petition at the High Court on January 2, 2026, seeking to block the proposed privatisation of KPC and other strategic State-owned enterprises.
At the centre of the case is the government’s intention to sell 65 per cent of KPC through an Initial Public Offering (IPO) by March 2026. The petitioners argue that the plan did not originate from the will of the Kenyan people, but was instead driven by conditions set by the International Monetary Fund (IMF).
“This plan is unconstitutional, unlawful and anti-sovereign. It is not a decision of the people of Kenya, but one driven by external pressure from the International Monetary Fund,” the petition states.
KPC is currently a fully government-owned and profitable company. In 2024, it posted a profit of KSh 6.87 billion and paid KSh 7 billion in dividends to the National Treasury. The petitioners argue that selling off such a revenue-generating asset to repay public debt would violate public finance laws and undermine long-term national interests.
They have also raised questions about KPC’s financial records, pointing to KSh 97 billion in retained earnings and depreciation funds that they say remain unaccounted for.
Beyond the financial concerns, the petition faults the privatisation process itself, citing a lack of meaningful public participation, alleged irregular appointments to the Privatisation Commission, and what they describe as an improper attempt to secure parliamentary approval through a Sessional Paper rather than a stand-alone law.
In their filing, the petitioners are asking the court to declare the entire privatisation process unconstitutional, nullify all related decisions and gazette notices, and permanently bar the government from proceeding with the sale of KPC.
They are not seeking compensation, describing the case as public interest litigation meant to protect national assets held in trust for all Kenyans.
