By WMW
The Law Society of Kenya (LSK) has called for an urgent review of recent fuel and electricity price increases, warning that it may move to court if the government fails to take corrective action over what it terms arbitrary and poorly justified energy pricing decisions.
In a statement signed by Charles Kanjama, LSK said the escalating cost of petroleum products and electricity was placing an “unsustainable burden” on households, businesses, manufacturers and the transport sector, and raised serious constitutional concerns over transparency and accountability in regulation.
Through it’s president, LSK singled out decisions by the Energy and Petroleum Regulatory Authority (EPRA), the Ministry of Energy and Petroleum, and the National Treasury, noting that recent adjustments had significantly increased the cost of living.
According to EPRA’s revised pricing for the May–June 2026 cycle, diesel in Nairobi rose to KSh242.92 per litre after an increase of KSh46.29, while super petrol increased by KSh16.65 to KSh214.25 per litre. Electricity tariffs also went up following additional pass-through charges averaging about KSh4.72 per kWh, driven by fuel cost charges, foreign exchange adjustments, and statutory levies.
LSK further questioned the transparency of the Government-to-Government petroleum importation framework, as well as the use of the Petroleum Development Levy stabilization mechanism, saying key fiscal and policy decisions had not been sufficiently disclosed to the public.
“The State remains constitutionally bound to ensure openness, accountability, procedural fairness and meaningful public participation in decisions affecting taxation and consumer obligations,” the statement read, citing Articles 10, 47 and 201 of the Constitution.
The lawyers’ body also raised concern over what it termed inadequate public participation in the implementation of the new tariffs, arguing that key changes appeared to have been introduced through subsidiary legislation without sufficient consultation.
At the same time, LSK addressed ongoing nationwide protests linked to the rising cost of fuel and electricity. While affirming the constitutional right to peaceful demonstration under Article 37, the Society condemned acts of violence, looting and destruction of property witnessed in parts of the country.
It also criticized reported incidents of excessive use of force by police, including shootings during demonstrations in areas such as Thika, calling for independent and transparent investigations into alleged human rights violations.
LSK warned that the economic impact of the price increases was already being felt across critical sectors, including agriculture, manufacturing and transport, with rising fares and production costs affecting ordinary Kenyans.
Among its demands, the Society called for an immediate review of EPRA’s pricing guidelines, an independent audit of the G-to-G fuel import framework, and full disclosure on the use of the petroleum levy stabilization fund. It also sought updates on investigations into alleged adulterated fuel imports and accountability for officials implicated in procurement irregularities.
Additionally, LSK demanded investigations into police conduct during protests and full compliance with constitutional requirements on public participation and human rights protections in future energy and security decisions.
The, LSK President said the Society is reviewing possible legal action and will move to court if necessary to challenge what it described as unconstitutional pricing and regulatory practices.
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