A fresh legal battle has been launched at the Milimani High Court seeking to suspend Energy and Petroleum Cabinet Secretary Opiyo Wandayi over alleged involvement in the irregular importation of substandard fuel.
The case, filed by petitioner Francis Owino, asks the court to treat the matter as urgent and issue conservatory orders barring Wandayi from performing his official duties pending the hearing and determination of the petition.
Push to Limit CS Powers
In the application, Owino is not only seeking a full suspension but has also proposed alternative measures to limit the Cabinet Secretary’s authority if the court declines to remove him entirely from office.
These include orders restraining Wandayi from making or implementing any decisions related to petroleum procurement, importation, licensing, or regulatory approvals while the case is ongoing.
The petitioner further wants the court to compel the CS to hand over control of ongoing fuel importation processes to an independent mechanism operating under court supervision—an extraordinary request that underscores the seriousness of the allegations.
Allegations of Irregular Fuel Imports
According to court filings, Wandayi is accused of presiding over, or being complicit in, a flawed fuel importation process that allegedly allowed petroleum products that do not meet required Kenyan standards into the market.
The petition claims the process was marred by multiple irregularities, including:
- Bypassing the mandatory Pre-export Verification of Conformity (PVoC) procedures
- Importation of fuel that allegedly failed to meet KS EAS 158:2025 standards
- Issuance of questionable regulatory waivers
- Mixing of substandard fuel with compliant stock
The petitioner argues that these actions may have exposed consumers to unsafe fuel, distorted fair market competition, and weakened regulatory safeguards designed to protect the public.
Concerns Over Accountability and Investigations
Owino notes that the matter is already under investigation, with several public officials reportedly arrested and others resigning in connection with the alleged scandal.
Despite this, he claims that the Cabinet Secretary continues to hold office and exercise authority without accountability, including allegedly failing to honour parliamentary summons.
The petition raises concern that Wandayi’s continued stay in office could interfere with ongoing investigations, given the influence and control associated with his position.
As part of the application, the court is being asked to restrain the CS from interfering with witnesses, evidence, or investigative processes linked to the case.
Claims of Intimidation and Public Interest Risk
In a further twist, the petitioner alleges that he has faced threats, intimidation, and even physical assault as a result of pursuing the matter, arguing that his constitutional rights have already been violated.
He warns that unless the court intervenes, both his personal safety and the integrity of the case could be compromised.
Owino maintains that he has established a strong prima facie case with a high likelihood of success, adding that the balance of public interest favours immediate court intervention to safeguard accountability in the energy sector.
High-Stakes Case for Kenya’s Energy Sector
The case now places the spotlight on governance and oversight within Kenya’s petroleum industry, a sector critical to the country’s economy and daily life.
If the court grants the conservatory orders, it could mark a significant step in reinforcing accountability in public office. If not, the matter is still expected to proceed to full hearing, where the allegations will be tested in court.
Either way, the outcome is likely to have far-reaching implications for regulatory enforcement, public trust, and the management of Kenya’s energy resources.
