The Law Society of Kenya has filed a constitutional petition at the High Court in Nyamira challenging the legality of Kenya’s current petroleum pricing regime, accusing the Energy and Petroleum Regulatory Authority and the Ministry of Energy of violating constitutional principles on public finance and administrative justice.
In Constitutional Petition No. E007 of 2026, the Society argues that the imposition of multiple fuel levies lacks a proper legal and consultative framework, contrary to Article 10 of the Constitution which emphasizes transparency, accountability, and public participation in governance.
The petition further cites Article 201 of the Constitution, which requires openness and public involvement in matters relating to public finance.
According to the LSK, the continued implementation of petroleum levies without adequate public engagement has imposed an unfair economic burden on Kenyans amid rising fuel prices.
The Society also accuses the Respondents of failing to provide a “comprehensive and independently verified risk assessment” regarding the pricing structure and levies imposed on petroleum products.
The petition states that this omission violates Article 35 of the Constitution, which guarantees citizens the right to access information held by the State.
The matter came before Lady Justice T. Cherere on Monday, 19 May 2026, where the court acknowledged the significant public interest raised in the case.
The judge directed that the petition and accompanying Notice of Motion be served immediately upon all Respondents and issued strict timelines for the filing of responses.
The case is scheduled for mention on 28 May 2026 to confirm compliance and consider further conservatory orders.
The LSK also expressed appreciation to advocate Wilkins Ochoki for representing the Society in the public interest litigation on a pro bono basis.
