CS Wandayi defends fuel import process amid scrutiny over quality breach claims

Energy Cabinet Secretary Opiyo Wandayi was on Monday grilled by Members of Parliament over the entry of a disputed fuel consignment that raised quality concerns, with lawmakers demanding clear answers on approvals, responsibility, and how the shipment was processed within Kenya’s petroleum import system.

Appearing before the National Assembly Energy Committee on Monday, chaired by Nakuru Town East MP David Gikaria, Wandayi was required to explain how a Premium Motor Spirit cargo that exceeded required quality standards was cleared into the country, and whether proper procedures were followed under the government-to-government fuel import arrangement and existing legal frameworks.

Bomachoge Borabu MP Obadiah Barongo challenged the CS over accountability, asking whether he should consider resigning over the incident. Wandayi dismissed the suggestion, insisting there was no basis for stepping aside and maintaining that all actions were taken within the law and established government procedures.

CS Wandayi said, "Since G-G framework was established, any deviation from it will naturally require approvals from the government. When it emerged that actually this particular consignment had come outside G-G we moved swiftly and I briefed the President on 30th of March, and he advised me to take the necessary steps and took necessary actions and this required higher approvals by ordering the second Cargo en route be stopped."

He told MPs that once the issue was detected, it was escalated to the highest level of government, including a briefing to the President, and immediate action was taken to stop a second cargo already on transit to prevent further risks in supply.

CS Wandayi, "It was clear that the issue of stock was not clear and the issue of data is one being investigated and DCI is on with this saga."

On claims that senior officials resigned due to pressure linked to the matter, Wandayi distanced himself from the allegations and denied any involvement in coercion.

CS Wandayi, "I don't know why they resigned and I say there is no reason to stop me from continuing with my duties and I confirm that there was no coarcion."

Committee chair David Gikaria asked for further clarification on the resignations, demanding official documents explaining the circumstances behind the exits.

MP Gikaria, "We need to understand their resignation and we want to know the reasons for resignation and we need the copies."

Narok East MP Lemanken Aramat raised concern over possible financial implications and questioned why Kenya continues to rely on external systems for fuel testing instead of strengthening local capacity, including refining and quality assurance infrastructure.

MP Aramat, "Has the country incurred any loses? Don't you think we need a Kenyan refinery to check on our oils instead of relying the outside?

Wandayi assured MPs that consumers would not bear any financial burden from the disputed consignment and insisted that safeguards had been put in place to protect fuel pricing.

CS Wandayi, "The public shall not suffer from the importation of the consignment, if that consignment was factored, it could have let to the increase of Sh.14 more of fuel in the country."

He further told lawmakers that global disruptions continue to affect fuel prices, though Kenya’s supply remains stable and no shortage has been reported.

CS Wandayi, "We cannot preempt, prices have skyrocketed worldwide, ships have stuck for almost 2 months now. It's a reality that the cost of petroleum has increased worldwide and I urge Kenyans to wait for tomorrow." He added, "We have got no shortage of fuels in the country at all and there should be no cause for alarm in the country."

Waiver process

CS Wandayi told MPs that the disputed Premium Motor Spirit consignment aboard MT Elka Apollon exceeded permissible limits for oxygenates, manganese, sulphur and benzene under KS EAS 158:2025 standards, but was cleared through a formal waiver process involving relevant government agencies.

He explained that the State Department for Petroleum requested approval for the waiver from the Kenya Bureau of Standards through letters dated March 26 and March 27, 2026, which was later granted by the Ministry of Trade and Industrialisation on March 28, 2026.

“Concerning the consignment in question, certain parameters were off the specifications; therefore, a waiver was sought from KBS by the State Department of Petroleum on March 26 and March 27, which was duly granted by the Ministry of Trade on March 28. No test results were altered,” Wandayi told MPs.

He stressed that Kenya’s fuel import system is strictly guided by law and that no parallel import framework exists outside what is legally provided.

“There is no existing parallel importation framework other than as prescribed by law,”

The CS further explained that the decision to consider contingency cargo was triggered by supply concerns after a vessel failed to pass through the Strait of Hormuz due to regional tensions, raising fears of a short-term disruption.

“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 Kenya Pipeline Company followed due diligence procedures, including review of load port reports and both pre-discharge and post-discharge laboratory testing before clearance decisions were made.

“The State Department then sought a waiver based on that report,”

He said the ministry has launched a wider review of petroleum importation and quality assurance systems to strengthen oversight and close gaps in approvals, testing, and certification processes.

“The Ministry and its agencies are continually reviewing their processes to optimise them and ensure compliance with the law.”

In addition, CS Wandayi confirmed that the matter is under active investigation by the Directorate of Criminal Investigations.

“The matter is under investigation by the Director of Criminal Investigations (DCI),”

He further told MPs that the importer has been directed to withdraw all invoices and issue credit notes to oil marketing companies, which have been instructed not to take delivery of the consignment.

“The importer has been directed to withdraw all invoices and issue credit notes to Oil Marketing Companies (OMCs), which have been instructed not to take the consignment.”

He assured Parliament that the fuel will not enter the market under any circumstances.

“The substandard fuel is to be removed from Kenya entirely, with the importer confirming compliance,” and firmly added, “No substandard fuel reached consumers.”

Wandayi said Parliament will continue its probe, with energy sector regulators and agencies expected to appear in the next phase of hearings.