Rights crusader challenges fuel hikes, demands subsidy disclosure
A public interest litigation has been filed at the Milimani High Court challenging the recent fuel price increases approved by the Energy and Petroleum Regulatory Authority (EPRA), despite the government deploying Sh5 billion from the Petroleum Development Levy Fund to cushion consumers.
The petition was filed by human rights activist Francis Awino, who accuses EPRA and the National Treasury of imposing unjustified and opaque fuel price adjustments that have sharply increased the cost of living for Kenyans.
The matter has been placed before the Constitutional and Human Rights Division, where Lady Justice R. E. Aburili is expected to hear the application certified as urgent. No date has yet been fixed for the hearing of the substantive petition.
In court papers, Awino says he is acting in the public interest and cites alleged violations of constitutional provisions on access to information, consumer rights, environmental protection, fair administrative action, and prudent public finance management.
The petition, certified urgent on May 18, 2026, lists EPRA, the National Treasury, the Attorney General, three Cabinet Secretaries, the Kenya Bureau of Standards (KEBS), and the National Standards Council as respondents.
Awino argues that EPRA’s latest fuel pricing decision was “opaque, unreasonable, and procedurally unfair,” contrary to the Constitution and the Fair Administrative Action Act.
He is seeking conservatory orders suspending EPRA’s maximum retail prices for Super Petrol and Diesel for the period between May 15 and June 14, 2026. He also wants the court to compel the government to disclose a detailed breakdown of fuel pricing and explain how the Sh5 billion subsidy was utilised.
The dispute follows EPRA’s announcement on May 14 that Super Petrol prices would increase by Sh16.65 per litre while diesel would rise by Sh46.29 per litre. Kerosene prices remained unchanged.
EPRA attributed the adjustments to rising landed costs, saying Super Petrol costs increased by 10 per cent while diesel rose by 20.32 per cent between March and April 2026.
However, Awino argues that the continued rise in pump prices is unjustifiable, especially after the government reduced VAT on petroleum products to 8 per cent through Legal Notice No. 70 of April 15, 2026.
The petitioner has also challenged the government’s temporary waiver allowing sulphur levels of up to 50mg/kg in fuel for six months, announced on April 30 by the Ministry of Investments, Trade and Industry.
According to Awino, the move poses serious environmental and public health risks and violates Articles 42 and 69 of the Constitution, which guarantee the right to a clean and healthy environment.
“The temporary adjustment of fuel standards raises serious health and environmental concerns under Articles 42 and 69 of the Constitution,” reads part of the supporting affidavit.
Awino further warns that the sharp increase in fuel prices has triggered widespread public anger and could spark protests and disruption of public order unless the court intervenes urgently.
