The Lower Eastern Times Opening The Third Eye
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Kenyans hoping for lower fuel prices have been dealt a blow after the High Court dismissed a petition challenging the government’s pricing framework.
The case, filed in December 2023 by Kituo cha Sheria, sought to compel the State to stabilise and cut fuel costs, which at the time stood at Sh217 per litre. The organisation accused the Energy and Petroleum Regulatory Authority (EPRA) and the Ministry of Energy of failing to pass on benefits of falling global oil prices to consumers.
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In its submissions, Kituo cha Sheria pointed to Energy CS Davis Chirchir’s statement to the National Dialogue Committee in October 2023 warning that pump prices could rise to Sh300 if unchecked. The lobby group argued that government inaction had worsened the cost-of-living crisis, driving up transport costs, straining household budgets, and slowing economic activity.
It asked the court to order a revision of the pricing formula and introduce measures to cushion consumers.
But in a judgment delivered on Tuesday, Justice Chacha Mwita ruled that the petitioners had not shown how EPRA or the ministry violated Kenyans’ economic and consumer rights under Articles 43 and 46 of the Constitution.
The judge noted that the government had already put in place reasonable interventions and said any further actions would amount to policy choices rather than constitutional duties.
“I am not persuaded to grant the orders sought by the petitioners,” Justice Mwita stated, declining to issue directives against the authorities.
The ruling leaves intact the current pricing system, under which EPRA adjusts pump prices monthly based on international crude oil prices, exchange rates, taxes, and levies.
