The government's plan to sell off Kenya Pipeline Company (KPC) has been challenged in court over what petitioners term as unconstitutional external interference.
Busia Senator Okiya Omtatah, alongside Bernard Muchiri Muchere and Naomi Nyakerario Misati, filed a constitutional petition at the High Court on January 2, 2026.
The trio challenged the proposed privatisation of KPC and other strategic state-owned enterprises.
According to the petitioners, the government’s plan to sell 65 per cent of KPC through an Initial Public Offering by March 2026 is now under threat.
They argued that the decision stems from International Monetary Fund (IMF) pressure rather than public will.
"This plan is unconstitutional, unlawful, and anti-sovereign. It is not a decision of the people of Kenya, but one driven by external pressure from the International Monetary Fund," the petitioner’s state.
KPC remains a fully government-owned profitable entity that posted KSh 6.87 billion in profit during 2024.
During the same period, the company remitted KSh 7 billion in dividends to the National Treasury. The petitioners contend that disposing of such a revenue generating asset to repay public debt contravenes public finance laws.
The petition flags concerns about KSh 97 billion in retained earnings and depreciation funds at KPC that remain unaccounted for.
Other issues include lack of public participation, irregular appointments at the Privatisation Commission, and parliamentary approval through a Sessional Paper instead of proper legislation.
"We are asking the Court to declare the entire privatisation process unconstitutional, quash all related decisions and notices, and permanently bar any further steps toward the sale of KPC," the petition reads.
The petitioners seek no compensation, describing their case as public interest litigation aimed at protecting assets belonging to all Kenyans.
