Kenyans anticipating a reprieve at the fuel pump have suffered a setback after the High Court dismissed a petition challenging the government’s pricing formula.
The suit, lodged in December 2023 by Kituo cha Sheria, had sought to have the State compelled to stabilise and reduce high fuel prices, which at the time retailed at Sh217 at the pump.
They argued that the Energy and Petroleum Regulatory Authority (EPRA) and the Ministry of Energy had failed to translate falling international oil prices into lower local pump prices.
“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,” said Kituo Cha Sheria in its court papers.
According to the organisation, the State’s inertia had deepened the cost-of-living crisis, squeezing household budgets, inflating transport costs, and slowing down economic activity.
It asked the court to compel the authorities to revise the pricing formula and adopt measures to cushion consumers from high costs.
However, a decision delivered by Justice Chacha Mwita on Tuesday, the court held that the petitioners had not demonstrated how EPRA or the ministry had breached Kenyans’ constitutionally protected economic and consumer rights under Articles 43 and 46.
The judge said the evidence presented did not show a clear violation and emphasised 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.
Any additional steps, he added, would be policy choices rather than constitutional obligations.
On that basis, the court declined to issue any of the orders sought by Kituo cha Sheria.
The ruling effectively means that fuel prices will continue to be determined under the current regulatory framework.
The framework adjusts pump prices monthly based on a formula that factors in global crude costs, exchange rates, taxes, and levies.
by JAMES GICHIGI
