Activist Moves to Block Wandayi from Office in KSh4.8bn Fuel Controversy

A petition has been filed at the High Court seeking the suspension of Energy Cabinet Secretary Opiyo Wandayi over alleged irregularities in petroleum importation.

The case was lodged by activist Francis Awino, who claims that the CS oversaw or was involved in the unlawful procurement of substandard fuel valued at KSh4.8 billion. Awino is asking the court to issue urgent conservatory orders barring Wandayi from performing his official duties while the case is under review.

In the alternative, the petitioner requests that Wandayi be restricted from making decisions related to petroleum procurement, licensing, and regulatory approvals. He proposes that authority over ongoing importation processes be transferred to an independent mechanism operating under court supervision.

Court documents dated 10 April outline claims that the importation process bypassed Pre-export Verification of Conformity requirements. They also allege the use of questionable waivers and the blending of substandard fuel with compliant stock. 

Awino argues that these actions exposed consumers to unsafe products and weakened regulatory safeguards. The petition further states that Awino has faced threats and physical harm linked to his activism, highlighting the sensitivity of the matter. 

The Attorney General and the Energy and Petroleum Regulatory Authority have been named as interested parties in the case. Awino relies on constitutional provisions under Chapter Six on leadership and integrity, as well as Articles 23 and 165, which empower the High Court to grant conservatory orders. He argues that urgent intervention is necessary due to the public interest and the importance of the petroleum sector.

At the same time, parliamentary review of the matter is ongoing. The National Assembly’s Energy Committee, chaired by Nakuru Town East MP David Gikaria, has summoned Wandayi to explain the alleged irregularities after he failed to attend a previous session. 

Members of Parliament have indicated that failure to comply with the summons may lead to penalties, including fines and enforcement measures.