Amid rising scrutiny over a disputed Sh4.8 billion fuel importation done outside the Government-to-Government arrangement, Energy and Petroleum Cabinet Secretary Opiyo Wandayi has told Parliament he will not resign, insisting he followed procedure and acted immediately once the irregular shipment was detected.
Speaking before the National Assembly Departmental Committee on Energy on Monday, Wandayi faced tough questioning from MPs who pressed him on why he should remain in office while senior officials linked to the same matter had already stepped down.
In his defence, he said there was no justification for him to leave office and maintained that he remains committed to his duties as investigations continue.
“When all is said and done, in the final analysis, clearly there is no reason to stop me from discharging my duties as Cabinet Secretary,” he told MPs.
Wandayi explained that the fuel cargo in question was brought into the country outside the established Government-to-Government system, which Kenya has been using to manage fuel imports and cushion citizens from global price shocks.
He said the process did not pass through him for approval, and if it had, he would have escalated it to the highest office.
“The approval was not sought, and if it had been sought, I would have escalated the matter to the president," Wandayi said.
He further told the committee that a multi-agency technical team had earlier assessed fuel stock levels and recommended emergency importation to avoid shortages.
“A brief on supply position was prepared by a multi-agency technical team that recommended consideration for contingency cargo to shore up the stocks. The brief was presented to the PS, State Department of Energy for consideration and approval,” he said.
Wandayi added that once he established that the shipment had bypassed the G-to-G arrangement, he informed President William Ruto without delay, leading to action on a second consignment that was already on its way.
“When we realised that the oil came outside the G-to-G, I reported to the President. It was from that brief that he directed that the next consignment was stopped,” he said.
He also pointed to earlier approvals within the ministry structure, saying the procurement of the vessel used to transport the fuel had been sanctioned at the technical level.
“The PS in his wisdom did approve it.”
Wandayi maintained that the disputed cargo would not be used in determining pump prices and said the importer had agreed to withdraw it from circulation.
He told MPs that since the introduction of the G-to-G framework in 2023, this was the only known deviation from the system.
“This is the first consignment that came outside the G-to-G framework,” he said.
The Cabinet Secretary also noted that while global fuel prices remain elevated, pricing decisions are made by the regulator and not the ministry.
“Fuel prices are up worldwide. I do not know whether Epra will increase or not, but the reality is that prices are high,” he said.
On the resignations of senior energy officials linked to the matter, Wandayi told MPs he had no information suggesting coercion or misconduct behind their exits.
“I do not know why the three officers resigned. There is no evidence of coercion on their resignation. Investigations are ongoing,” Wandayi said.
Lawmakers, however, demanded to see resignation letters from the affected officials, saying the documents could help clarify the circumstances surrounding their departure.
The officials in question include Petroleum Principal Secretary Liban, Energy and Petroleum Regulatory Authority Director General Daniel Kiptoo Bargoria, and Kenya Pipeline Company Managing Director Joe Sang, who resigned on April 4 following their arrest over the fuel controversy.
Wandayi’s appearance comes as pressure continues to mount from political leaders and legal challenges, including a case filed at the Milimani High Court seeking his suspension over alleged involvement in the irregular importation.
Even so, he maintained that due process must be allowed to take its course, saying investigations by the Director of Criminal Investigations are ongoing.
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