A local non-governmental organisation (NGO) has moved to court to block upwards adjustment of fuel prices, arguing that any further increase would subject Kenyans to more suffering.
Kituo Cha Sheria further wants the High Court to compel the government to stabilise and reduce high fuel prices as it has a duty to cushion Kenyans from extreme hardship.
The NGO said the government has historically employed fuel subsidies to stabilize fuel prices and protect consumers from effects of fluctuating global oil costs which is lacking, resulting in a substantial spike in diesel and gasoline prices among other factors.
“An order compelling the respondents to take appropriate fiscal, administrative, regulatory, good governance and other necessary steps to stabilise and reduce high fuel prices to ensure that the rights and freedoms of the citizens are not infringed,” the NGO said in the petition.
The NGO has sued Energy and Petroleum Cabinet Secretary Davis Chirchir, Energy and Petroleum Regulatory Authority (EPRA) and the Attorney General.
“Pending the hearing and determination of this application inter-partes, this court be pleased to issue temporary conservatory orders against the review of petroleum prices upwards by the second respondent (Epra) herein,” Ms Annette Mbogoh, the director of legal advice at Kituo Cha Sheria said in an affidavit filed in court.
The NGO said the fuel prices has reached a historic high, causing concern and economic strain for consumers and businesses.
Despite the already high fuel prices, the CS recently alluded to a looming increase in fuel prices, hinting that petroleum prices could go up to Sh300 per litre at the pump.
The NGO said Mr Chichir made the revelation while submitting a report before the National Dialogue Committee on November 6, 2023.
Mr Chirchir allegedly attributed the high fuel prices to the escalation of war between Israel and Hamas.
According to the NGO, at Sh217 per litre the price of petrol is already too high for consumers and has led to the increase of prices of basic commodities.
“The petitioner contends that the high fuel prices have resulted in very high and unaffordable transport costs for both private and public means of transport,” Ms Mbogoh said.
The petition states that consumers stand to suffer if the government is not ordered to urgently perform its legal obligation to protect citizens from further suffering, slow economic growth, declining living standards and high inflation.
Ms Mbogoh said the government has either failed or refused to stabilize fuel prices, thus leading to extreme hardship for many Kenyans, despite being duty-bound to effectively control the refinery, distribution and supply of petroleum products.
