A court case has been filed at the High Court seeking to immediately stop Energy Cabinet Secretary Opiyo Wandayi from continuing in office, with claims that his presence in the position raises serious questions tied to alleged irregular fuel importation and public accountability in the petroleum sector.
In the petition filed by Francis Awino, the court is being urged to urgently issue conservatory orders that would bar Wandayi from performing any duties linked to the Energy and Petroleum docket until the case is fully heard and determined.
“That pending the hearing and determination of this Application inter partes, this Honourable Court be pleased to issue a conservatory order restraining the Respondent (Wandayi), whether by himself, his agents, servants or any person acting under his authority, from exercising the powers and functions of the office of Cabinet Secretary for Energy and Petroleúm,” the application states.
Awino is also requesting that the court certify the matter as urgent and proceed to hear it on a priority basis, arguing that it involves weighty constitutional questions touching on leadership, integrity, and management of the fuel sector.
The Attorney General and the Energy and Petroleum Regulatory Authority have been named in the case as interested parties.
Court documents dated April 10, 2026, state that Awino believes Wandayi remaining in office during the case undermines public trust and raises concerns over transparency and accountability in fuel importation processes.
He further bases his petition on allegations of unlawful importation of petroleum products, which he says could expose the public to safety risks, weaken consumer protection, and affect environmental standards if not urgently addressed.
Among the orders sought, Awino wants Wandayi suspended from office, or alternatively restricted from participating in any decisions involving petroleum procurement, importation, licensing, and regulatory approvals until the matter is concluded.
He also wants the court to direct that all ongoing petroleum importation activities be placed under an independent and lawful structure supervised by the Energy and Petroleum Regulatory Authority or any other body the court may appoint.
“That following public outcry, several public officers were arrested and investigations commenced...and that I am aware that certain senior officials resigned thereby underscoring the gravity of the matter,” he states in his court documents.
Awino further argues that the case raises constitutional issues under Chapter Six on leadership and integrity, insisting that the court has the authority under Articles 23 and 165 to grant protective orders.
He also claims he has been subjected to threats, intimidation, and physical violence due to his involvement in the matter.
