LSK threatens court action over fuel pricing, electricity tariff hikes

Commuters in Kangemi walk to their destinations as the matatu strike over high fuel prices escalated, May 18, 2026. /ENOS TECHE

The Law Society of Kenya (LSK) has threatened legal action against the government over recent fuel price increases and electricity tariff adjustments, accusing state agencies of imposing economically punitive measures without sufficient transparency, accountability and public participation.

In a statement issued on Monday, the lawyers’ body said the recent escalation in petroleum and electricity costs had placed an unsustainable burden on households, businesses, transport operators and manufacturers amid growing public anger over the rising cost of living.

LSK singled out the Energy and Petroleum Regulatory Authority (EPRA), the Ministry of Energy and Petroleum, and the National Treasury over what it termed a series of administrative and regulatory decisions that had worsened the economic strain facing Kenyans.

The society noted that although the government had temporarily reduced Value Added Tax on petroleum products to eight per cent through Legal Notice No. 70 of 2026, following earlier fuel price increases, EPRA’s latest review announced on May 14 still pushed fuel prices sharply upward.

Under the new review, the price of diesel increased by Sh46.29 per litre to Sh242.92 in Nairobi, while super petrol rose by Sh16.65 to Sh214.25 per litre.

At the same time, LSK said additional electricity pass-through charges introduced through Gazette Notices No. 6002, 6003 and 6004 had raised power costs by about Sh4.72 per kilowatt-hour.

According to the society, the cumulative impact of the fuel and electricity adjustments risks undermining economic productivity, commercial stability and household welfare.

“The current economic strain arises from a series of administrative and regulatory decisions undertaken by EPRA, the Ministry of Energy and Petroleum, and the National Treasury,” the statement said.

LSK argued that major tariff and pricing adjustments affecting millions of consumers appeared to have been implemented without adequate public participation or sufficient disclosure of the fiscal and policy considerations informing the decisions.

The lawyers’ body further questioned the management and depletion of the Petroleum Development Levy stabilisation mechanism, saying concerns had emerged over fiscal accountability, consumer protection and the broader administration of the government-to-government petroleum importation framework.

The society also called for a transparent and independent audit of the government-to-government fuel procurement arrangement, including issues relating to pricing, quality assurance and market competition.

Further, LSK demanded updates on investigations into allegedly adulterated fuel said to contain high sulphur levels, as well as the status of prosecutions involving senior Kenya Pipeline Company officials linked to procurement irregularities.

The statement came as nationwide protests by matatu operators and transport stakeholders disrupted movement in several parts of the country over soaring fuel prices. While recognising the constitutional right to peaceful assembly and demonstrations, LSK condemned incidents of violence, looting, vandalism and destruction of property reported during the protests.

At the same time, the society accused security agencies of using excessive force in handling demonstrators, citing reports that several protesters were shot and seriously injured in Thika during Monday’s unrest.

“These reports raise serious constitutional and human rights concerns requiring urgent, independent and transparent investigations,” LSK said.

The society called for immediate administrative review of the latest EPRA pricing guidelines and electricity tariff adjustments, full compliance with constitutional requirements on public participation, and independent investigations into all reported incidents of police brutality and protest-related violence.

LSK said it was reviewing possible constitutional and judicial interventions challenging the legality and procedural propriety of the contested pricing measures.

“Should immediate corrective administrative action fail to materialise, the Society shall move to court to seek appropriate reliefs aimed at safeguarding constitutional governance, consumer rights, civil liberties and the socio-economic welfare of the people of Kenya,” the statement said.