The High Court has given the government 14 days to file responses in a petition challenging the fuel price review that saw prices of diesel increase to Sh232 per litre.
Activist Francis Awino had petitioned the court to issue conservatory orders suspending the implementation of the revised maximum retail petroleum prices announced by the Energy and Petroleum Regulatory Authority for the period between May 15 and June 14, 2026.
Awino had filed the case under certificate of urgency.
“I decline to certify it as urgent and direct the petitioner to serve all the respondents forthwith with the petition and the notice of motion for inter partes directions on June 2," Justice Roseline Aburili ruled.
The petitioner had listed EPRA alongside the Cabinet Secretaries for the National Treasury and Economic Planning, Energy and Petroleum, and Investments, Trade and Industry as respondents.
Also named in the case are the Attorney General of Kenya, Kenya Bureau of Standards (KEBS), and the National Standards Council.
When the matter came up for mention on Tuesday, the court directed the respondents to file and serve their responses within 14 days.
Awino told the court that although the government had since lowered fuel prices, his case was not solely about the cost of fuel but rather the legality and constitutionality of the process used in arriving at the pricing decisions.
He maintained that the issues raised in the petition remain unresolved and argued that he could not withdraw the matter merely because prices had been reduced.
Awino argued that the fuel pricing mechanism has far-reaching effects on the cost of living and that decisions affecting millions of consumers should be subjected to meaningful public engagement.
Justice Aburili directed that the matter be mentioned again on July 2 for further directions
