KEY POINTS
- Activist Francis Awino filed a petition at the Milimani High Court seeking CS Wandayi’s suspension from office.
- The Ksh4.8 billion scandal involves allegations of substandard fuel imports and bypassed quality compliance requirements.
- Several senior officials have already resigned or been arrested in connection with the fuel importation scandal.
The pressure on Kenya’s Energy and Petroleum Cabinet Secretary Opiyo Wandayi just moved from parliament to the courts.
On April 10, human rights activist Francis Awino filed a petition at the Milimani High Court seeking urgent conservatory orders to bar Wandayi from exercising the powers of his office. The petition is linked to allegations that Kenya’s energy ministry oversaw the irregular importation of substandard petroleum products valued at Ksh4.8 billion.
Awino is asking the court to certify the matter as urgent and hear it immediately. As an alternative to full suspension, he wants Wandayi barred from making any decisions related to petroleum procurement, importation, licensing or regulatory approvals while the case proceeds.
What the petition alleges
Court documents dated April 10 allege that the fuel importation process was riddled with irregularities. These include the bypassing of mandatory Pre-export Verification of Conformity requirements, importation of fuel that failed to meet Kenya Standards specifications, issuance of questionable waivers and the blending of substandard fuel with compliant stock.
The petition argues that these actions exposed Kenyan consumers to unsafe petroleum products and undermined the regulatory safeguards designed to protect the public. It further argues that Wandayi’s continued stay in office undermines public confidence and accountability. The Attorney General and the Energy and Petroleum Regulatory Authority have been listed as interested parties in the case.
Awino also told the court he has faced physical threats linked to his activism on this matter. He was attacked by unknown individuals last week while preparing to address the press on developments in the energy sector.
Resignations, arrests, and parliamentary pressure
The petition arrives as the scandal continues to deepen. Petroleum Principal Secretary Mohamed Liban, Kenya Pipeline Company CEO Joe Sang and Energy and Petroleum Regulatory Authority Director General Daniel Kiptoo Bargoria have all resigned or stepped down in connection with the matter. Investigators from the Directorate of Criminal Investigations have recorded statements from government officials and executives of a Mombasa-based petroleum company linked to the alleged importation scheme.
Parliament has also moved. The National Assembly’s Energy Committee summoned Wandayi to appear before it on April 9 to explain how non-compliant fuel entered the market. Kakamega Senator Boni Khalwale and other lawmakers have called for Wandayi’s resignation or dismissal, arguing he bears ultimate accountability as head of the ministry.
Wandayi has denied direct involvement. The scandal erupted against the backdrop of the ongoing Middle East crisis, with officials claiming waivers on quality requirements were sought to avert a fuel shortage caused by Strait of Hormuz disruptions.
