The High Court has dismissed a petition challenging the government’s handling of fuel prices, dashing hopes for Kenyans who had expected relief from the high cost of petroleum products.
Justice Chacha Mwita on Tuesday threw out the case filed by Kituo Cha Sheria, a human rights lobby group, which had sought to compel the government to stabilise and lower fuel prices.
The petition, filed in December last year, argued that the Energy and Petroleum Regulatory Authority (EPRA) should reduce pump prices, which at the time were retailing at Ksh217 per litre, in line with falling international oil prices.
In its submissions, Kituo Cha Sheria accused EPRA and the Ministry of Energy of failing to translate declining global crude costs into lower local prices, thereby breaching the economic and consumer rights of Kenyans under Articles 43 and 46 of the Constitution.
Justice Mwita, however, ruled that the petitioners had not demonstrated how the regulator or the ministry had violated the Constitution. He noted that the evidence presented failed to establish a clear breach of Kenyans’ rights.
“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 said in his ruling.
The judge maintained that fuel price determination was largely a matter of policy rather than a constitutional question, leading to the dismissal of the petition.
Under the current regulatory framework, EPRA sets and announces monthly pump prices for key petroleum products, including petrol, diesel, and kerosene, guided by policy decisions.
Among the considerations in the formula are factors in global crude oil prices and exchange rates, as well as various taxes and levies to arrive at the final pump prices.
The latest review released on September 14 saw pump prices for super petrol, diesel, and kerosene each decrease by Ksh0.79, Ksh0.11 and Ksh0.80 per litre, respectively.
In Nairobi, super petrol, diesel and kerosene currently retail at Ksh184.52, Ksh171.47 and Ksh154.78, respectively.
Meanwhile, the adjustments have often been met with mixed reactions from a majority of Kenyans. The Motorists Association of Kenya (MAK) had previously called for the disbandment of EPRA for what they described as a consistent insult to Kenyans through marginal price reductions.
MAK described the September drop as cosmetic and detached from the economic realities of Kenya.
