The Law Society of Kenya (LSK) has filed a petition challenging the recent increase in fuel prices, arguing that the move was unconstitutional, economically punitive, and implemented without adequate public participation.
In the case filed before the High Court in Nyamira, the LSK sued seven state agencies and officials, among them the Energy and Petroleum Regulatory Authority (EPRA), the Attorney General, the Kenya Bureau of Standards, the National Standards Council, and three Cabinet Secretaries.
The petition follows EPRA’s May 14, announcement raising the price of Super Petrol by Sh16.65 per litre and Diesel by Sh46.29 per litre for the pricing period between May 15 and June 14, 2026. Kerosene prices remained unchanged.
According to court documents, the new prices pushed petrol to Sh214.24 per litre and diesel to Sh242.92 per litre, increases the LSK describes as excessive and unjustified.
In a supporting affidavit, LSK Chief Executive Officer Florence Muturi says the fuel hike has already caused severe economic hardship across the country, including increased transport costs and disruptions in essential services.
She states that matatu operators responded by increasing fares by up to 50 percent, while some transport sector players had threatened demonstrations and service boycotts beginning May 18, 2026.
“The unwarranted and drastic fuel prices increment has led to extreme hardship and unprecedented economic sabotage occasioned by demonstrations and boycotting of essential services by service providers,” Muturi stated in the affidavit.
The LSK further accused the government of failing to transparently account for the use of the Petroleum Development Levy (PDL) stabilization fund, which is intended to cushion consumers against fluctuations in global fuel prices.
According to the petition, approximately Sh5 billion from the fund was earmarked to subsidize diesel and kerosene, yet consumers allegedly received no meaningful relief at the pump.
The society is seeking orders compelling EPRA and the National Treasury to publicly disclose a detailed breakdown of fuel pricing, including taxes, levies, landed costs, exchange-rate assumptions, profit margins, and the utilization of the subsidy funds.
The petition also challenges the government’s recent decision to temporarily relax sulphur limits in fuel imports to 50 mg/kg for six months, a move announced by the Ministry of Investments, Trade and Industry on April 30, following disruptions linked to the Middle East conflict.
LSK argued that the waiver poses serious environmental and public health risks and violates constitutional provisions guaranteeing the right to a clean and healthy environment.
The society further claims that despite warnings by the National Security Council Committee in March 2026 on the potential impact of the Middle East conflict on Kenya’s energy supply chain, the government failed to implement adequate mitigation measures.
In the petition, the LSK cited alleged violations of several constitutional provisions, including the right to information, consumer rights, fair administrative action, and principles of transparency and accountability in public finance management.
“The Petitioner contends that the impugned fuel price increment, the opaque deployment of the Petroleum Development Levy Fund, the temporary alteration of fuel standards, and the failure to institute adequate transparency, public participation and accountability measures amount to violations and threatened violations of Articles10,35,42,43,46,47,69,201 and 206 of the Constitution,” read the court documents.
Among the orders sought are the suspension of the new fuel prices pending determination of the case, publication of a comprehensive pricing formula, restrictions on the use of PDL funds without public disclosure, and the nullification of the temporary fuel standards waiver unless subjected to public participation and environmental assessment.
“The prevailing public outrage and threatened demonstrations make the matter exceptionally urgent,” the petition states.
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