Activist sues for removal of CS Wandayi over importation of fuel
A petition lodged before the High Court in Nairobi is seeking the removal of Energy and Petroleum Cabinet Secretary Opiyo Wandayi over claims he oversaw the irregular importation of substandard fuel into the country.
The case, filed by activist Francis Awino, also seeks orders barring Wandayi from performing the functions of his office pending the hearing and determination of the petition.
Awino argues that allowing the CS to remain in office poses a risk of further unlawful actions and alleges he has faced intimidation after criticizing the official.
At the centre of the dispute is the importation of 68,000 metric tonnes of Premium Motor Spirit (PMS) shipped aboard the vessel MT Paloma in March 2026.
Court documents indicate that the consignment entered Kenya without undergoing mandatory Pre-export Verification of Conformity (PVoC).
A waiver issued on March 28, by the Ministry of Investments, Trade and Industry reportedly allowed the fuel to bypass key quality standards under KS EAS 158:2025, including limits on sulphur, benzene, manganese, and oxygenates.
The waiver further permitted the mixing of the consignment with compliant fuel stocks, a move the petitioner claims could expose consumers to harmful products.
Awino alleges the importation followed what he describes as an artificially created or exaggerated fuel shortage used to justify emergency procurement at inflated prices.
In the petition, he argues that as Cabinet Secretary, Wandayi bears ultimate responsibility for oversight of petroleum imports and procurement processes, accusing him of failing to prevent or allowing irregularities in violation of constitutional obligations.
According to Awino, the controversy has already seen the arrest of several senior officials, including the Petroleum Principal Secretary, the Director General of the Energy and Petroleum Regulatory Authority (EPRA), and the Managing Director of the Kenya Pipeline Company. Some officials have also resigned.
The petitioner contends that Wandayi has neither stepped aside nor accepted responsibility.
The court documents further claim that Wandayi failed to appear before a parliamentary oversight committee despite being summoned to respond to questions regarding the scandal.
Awino also alleges that after publicly calling for the CS’s resignation, he was subjected to threats, intimidation, and physical attacks by individuals he believes were mobilized to silence him.
According to an affidavit filed in support of the petition, the incidents appeared coordinated and aimed at suppressing dissent.
The petitioner is asking the Court to declare that Wandayi violated several constitutional provisions, including those relating to national values, human dignity, security of the person, freedom of expression, and leadership and integrity.
He is also seeking orders for the CS’s removal from office on grounds of gross constitutional violations, abuse of office, and breach of public trust.
In addition, Awino wants conservatory orders suspending Wandayi from office and compensation for alleged violations of his rights.
The Energy and Petroleum Regulatory Authority and the Attorney General have been listed as interested parties in the matter.
In a certificate of urgency, Awino argues that the case requires immediate intervention, warning that failure to grant interim orders could render the petition ineffective.
He contends that Wandayi’s continued stay in office undermines public confidence in government and erodes constitutional principles of accountability, transparency, and good governance.