The Law Society of Kenya has stepped up pressure on the government over sharp increases in fuel and electricity costs, setting out a series of demands and warning that it will move to court if the issues are not urgently addressed, as public anger and transport disruptions continue to spread across the country.
In a statement released on Monday, the lawyers’ body said the recent pricing changes in petroleum products and power tariffs point to deeper problems in regulation and governance, and must be reviewed without delay.
LSK President Charles Kanjama said the latest adjustments have worsened pressure on citizens and the business sector, accusing key state institutions of decisions that have pushed the cost of living higher.
Kanjama pointed to the Energy and Petroleum Regulatory Authority, the Ministry of Energy and Petroleum, and the National Treasury, saying their actions have had a direct impact on fuel and electricity prices.
“The cumulative effect of these measures has imposed a disproportionate and economically unsustainable burden on Kenyan households, businesses, manufacturers, transport operators, and other productive sectors,” reads the statement.
The society said diesel in Nairobi has climbed to Sh242.92 per litre after a Sh46.29 increase, while super petrol now stands at Sh214.25 per litre following a Sh16.65 rise.
It also noted that electricity charges have gone up after new pass-through costs contained in Gazette Notices No. 6002, 6003 and 6004, adding about Sh4.72 per kilowatt-hour to the cost of power.
LSK said the combined impact of fuel and electricity adjustments is affecting households, transport operators, manufacturers and other sectors that depend heavily on energy.
The lawyers’ body said the decisions behind the changes appear to have been made without enough public participation and transparency, raising questions about compliance with constitutional requirements.
It further questioned how the Petroleum Development Levy stabilisation mechanism has been used, calling for clarity on how funds collected under the system have been managed and applied.
LSK also raised concerns over the government-to-government fuel importation arrangement, demanding a full and independent audit of the system, including pricing structures, procurement processes and market fairness.
The society additionally called for a detailed update on investigations into reports of adulterated fuel containing high sulphur levels, as well as progress on prosecutions involving senior officials at the Kenya Pipeline Company linked to alleged procurement irregularities.
“To the extent that the impugned measures were implemented through subsidiary legislative or administrative instruments affecting public taxation and consumer obligations, the State remains constitutionally bound under Articles 10, 47, and 201 of the Constitution, as read together with the Fair Administrative Action Act and the Statutory Instruments Act, to ensure openness, accountability, procedural fairness, and meaningful public participation,” reads the statement.
LSK said it has issued six demands to the government, including immediate review of EPRA’s fuel pricing guidelines and electricity tariff adjustments, publication of full justification for key decisions, and compliance with public participation rules.
It also wants clarity on the use of the Petroleum Development Levy stabilisation mechanism and full disclosure of how it has influenced pricing in the petroleum sector.
Further, the society is pushing for an independent audit of the government-to-government fuel importation framework, covering procurement, pricing and competition concerns.
It also demands updates on investigations into alleged fuel adulteration cases and accountability actions within the Kenya Pipeline Company linked to procurement scandals.
At the same time, LSK condemned violence reported during ongoing protests by matatu operators and transport stakeholders, saying it supports the right to peaceful demonstrations but rejects destruction of property and looting witnessed in several areas.
The society also raised concern over reports of excessive force used by security agencies during the protests, citing incidents in Thika where several demonstrators were allegedly shot and injured.
“These reports raise serious constitutional and human rights concerns requiring urgent, independent and transparent investigations,” LSK said.
LSK said it is now considering constitutional and legal action to challenge the current pricing structure if administrative remedies do not yield results.
“The Society is presently reviewing appropriate constitutional and judicial interventions. Should immediate corrective administrative action fail to materialize, the Society shall move to court to seek appropriate reliefs aimed at safeguarding constitutional governance, consumer rights, civil liberties, and the socio-economic welfare of the people of Kenya,” he said.
Kanjama added that the society is ready to support members of the public and legal processes arising from the protests and the broader dispute over fuel and electricity costs.