The High Court has thrown out a petition challenging the government’s fuel pricing formula, dashing hopes of relief at the pump for Kenyans.
Kituo cha Sheria filed the case in December 2023, seeking to compel the State to stabilise and lower fuel prices, which then stood at Ksh217 per litre.
The lobby group argued that the Energy and Petroleum Regulatory Authority (EPRA) and the Ministry of Energy had failed to pass on the benefits of falling international oil prices to local consumers.
“That notwithstanding, on October 6, 2023, Energy Cabinet Secretary Davis Chirchir, while submitting a report before the National Dialogue Committee, indicated that there would be a looming increase in fuel prices in the coming months to a retail price of Sh300. If not controlled, Kenyans stand to suffer irreparable loss,” Kituo Cha Sheria stated in its court papers.
According to the organisation, the State’s inaction had worsened the cost-of-living crisis, straining household budgets, inflating transport costs, and slowing economic growth.
It urged the court to compel authorities to review the pricing formula and put in place measures that would cushion consumers from soaring costs.
Court Finds No Breach of Rights
In his ruling on Tuesday, Justice Chacha Mwita held that the petitioners had not demonstrated how EPRA or the ministry had violated Kenyans’ constitutional rights under Articles 43 and 46, which protect economic and consumer interests.
The judge said the evidence before the court did not show any clear violation and pointed out that the State had already adopted reasonable interventions.
“The measures already taken by the government are reasonable. Any further steps would be additional, not mandatory. I am unable to make orders in favour of the petitioners,” the judge ruled.
He explained that any extra interventions would amount to policy decisions rather than constitutional obligations.
On that basis, the court revoked all the orders sought by Kituo cha Sheria.
The decision means fuel prices will continue to be set under the existing regulation framework, which varies pump prices monthly based on a formula based on global crude prices, exchange rates, taxes, and charges.
