High Court orders government to answer fuel price review challenge

The Milimani High Court has ordered the government and energy sector regulators to file their responses within 14 days in a case challenging the constitutional validity of the monthly fuel price review mechanism.

Justice Roselyne Aburili issued the directive after learning that the state had not filed its submissions despite the petition being brought before the court for mention on Wednesday.

The petitioner, activist Francis Awino, wants the court to halt the implementation of the fuel prices announced by the Energy and Petroleum Regulatory Authority (EPRA) for the cycle running between May 15 and June 14, 2026.

Awino told the court that, although pump prices dropped in recent reviews, his legal challenge focuses on the underlying legality and transparency of the state decision-making process.

The constitutional petition claims that the state violates the law by imposing severe financial burdens on citizens without adequate public participation.

Because pricing shifts heavily influence the domestic cost of living, the petitioner argues that millions of consumers have a right to meaningful engagement before decisions are finalised.

Following the failure of the respondents to file their documentation, the court directed that the replies must be served promptly to keep the suit moving.

The case is scheduled to be mentioned again on July 2, 2026, when the court will issue further directions on how the litigation will proceed.