Court Dismisses Petition to Force Government Review of Fuel Prices

The High Court has rejected a petition seeking to compel the Kenyan government to review fuel prices, ruling that current pricing decisions do not violate the Constitution.

The petition, filed by human rights group Kituo Cha Sheria in December 2023, had argued that the government’s failure to lower fuel prices, despite falling global crude oil costs, amounted to a breach of consumer and economic rights under Articles 43 and 46 of the Constitution. At the time, fuel prices had reached Ksh217 per litre, sparking concern over rising living costs and reduced economic activity.

Kituo Cha Sheria asked the court to order the Energy and Petroleum Regulatory Authority (EPRA) and the Ministry of Energy to amend the existing pricing formula and introduce measures to shield consumers from high prices. The group cited what it described as government inaction in the face of declining international oil prices, which it said had worsened the cost-of-living crisis.

In his judgment delivered on Tuesday, Justice Chacha Mwita dismissed the petition, stating that the applicants had not demonstrated any unlawful conduct or constitutional violation by the government. He said the actions already taken by EPRA and the ministry were reasonable and within their legal mandate. 

“Any further steps would be additional, not mandatory,” he said.

The court also noted that pricing decisions fall within the executive’s policy-making role and cannot be directed by the judiciary unless a clear breach of constitutional rights is established. Justice Mwita acknowledged the socio-economic concerns raised but emphasised that the government had not failed in its statutory obligations.

Under the current system, EPRA reviews fuel prices monthly using a formula that includes global oil prices, exchange rates, taxes, and levies. Critics argue the model lacks transparency and does not provide sufficient relief during periods of economic hardship.

The petition had referred to comments made by Energy Cabinet Secretary Davis Chirchir in October 2023, warning of possible increases in fuel prices to Ksh300 per litre. The projection, along with the government’s refusal to revise the pricing framework, contributed to growing calls for reform.