Court dismisses Kituo cha Sheria's petition challenging high fuel prices
A pump attendant pumps fuel into a car at a gas station in Nairobi, on September 19, 2023. International oil prices fell on November 22, 2023 after a key ministerial meeting of the Organization of the Petroleum Exporting Countries (OPEC) and its allies was pushed back from November 26 to November 30. (Photo by SIMON MAINA / AFP)
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The case, filed in December 2023 by Kituo cha Sheria had accused the Energy and Petroleum Regulatory Authority (EPRA)and the Ministry of Energy of failing to lower fuel costs despite falling global oil prices.
The petition argued that the failure to act had worsened the cost of living, strained households, and slowed down economic growth.
But in its decision, justice Chacha Mwita ruled that the petitioners did not prove how EPRA and the Ministry had violated the economic and consumer rights of Kenyans as guaranteed under Articles 43 and 46 of the Constitution.
“The measures already taken by government are reasonable. Any further steps would be additional, not mandatory,” the judge said ruled.
This ruling means fuel prices will continue to be determined under the existing pricing formula.
"I am unable to make orders in favour of the petitioners," court ruled.
Kituo cha Sheria had argued that there is no justification to retain high cost of fuel.
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