Last Updated on May 21, 2026 by carolyne juma

LSK Moves to Court to Block EPRA Fuel Price Hike Amid Nationwide Transport Strike

Law Society of Kenya seeks urgent court orders to suspend fuel price increase and force transparency over Sh5 billion petroleum levy fund

Published: May 21, 2026 | 7:18 PM EAT

The Law Society of Kenya (LSK) has moved to the High Court seeking urgent orders to suspend the latest fuel price increase announced by the Energy and Petroleum Regulatory Authority (EPRA) amid a transport strike that has disrupted movement across the country.

In a constitutional petition, the lawyers’ body wants the court to halt implementation of the revised fuel prices announced by EPRA for the period between May 15 and June 14, 2026, particularly the sharp increase in Super Petrol and Diesel prices.

LSK is also seeking orders compelling EPRA and the National Treasury to publicly disclose a detailed breakdown of the fuel pricing formula for Super Petrol, Diesel and Kerosene.

The society wants full disclosure of landed costs, taxes, levies, dealer margins, exchange-rate assumptions and how the approximately Sh5 billion withdrawn from the Petroleum Development Levy Fund was calculated and spent.

“A conservatory order restraining Government from applying or utilizing monies from the Petroleum Development Levy Fund without full public disclosure of the basis, formula, allocation, beneficiaries and accountability framework for such utilization,” LSK told the court.

LSK Demands Transparency Over Fuel Pricing

The petition also seeks orders compelling the Energy Cabinet Secretary and relevant state agencies to disclose the status of the National Energy Security and Resilience Plan, which was reportedly directed by the National Security Council Committee.

LSK argues that unless the court urgently intervenes, constitutional rights of millions of Kenyans will be severely affected.

Court documents indicate that on May 14, 2026, EPRA announced revised fuel prices effective from May 15 to June 14, 2026.

Under the new prices:

• Super Petrol increased by Sh16.65 per litre

• Diesel increased by Sh46.29 per litre

• Kerosene remained unchanged

LSK says the increase comes shortly after another fuel price hike earlier this year, worsening the cost of living crisis for households, transport operators, farmers and small businesses.

Questions Over Sh5 Billion Fuel Subsidy Fund

EPRA stated that the revised prices were computed under Section 101(y) of the Petroleum Act, 2019, inclusive of VAT.

The regulator also announced that the government would utilize approximately Sh5 billion from the Petroleum Development Levy Fund to cushion consumers through subsidies on Diesel and Kerosene.

However, LSK argues that despite the government reducing VAT on petroleum products to 8 percent through Legal Notice No. 70 of April 15, 2026, fuel prices remain excessively high and punitive.

The lawyers further raised concerns over a previous government decision to temporarily lower sulphur standards in fuel products due to disruptions linked to the Middle East conflict.

According to LSK, this raises serious health, environmental and consumer protection concerns.

Constitutional Rights Violated, LSK Says

The lawyers’ body argues that the fuel price hikes, opaque use of the levy fund, lack of accountability and absence of public participation violate multiple constitutional provisions including:

• Article 10

• Article 35

• Article 42

• Article 43

• Article 46

• Article 47

• Article 69

• Article 201

• Article 206

LSK says the pricing decision was unreasonable, opaque and procedurally unfair.

“The impugned fuel prices impose a grave burden upon consumers and threaten rights under Articles 43 and 46 of the Constitution,” court documents state.

The society also warned that growing public anger and threats of demonstrations make the matter extremely urgent.

According to LSK, continued implementation of the contested fuel prices risks escalating tensions and disrupting public order nationwide.