Activist Francis Awino has moved to the High Court seeking the removal of Energy Cabinet Secretary Opiyo Wandayi over an alleged Ksh4.8 billion substandard fuel scandal.
In his petition filed at Milimani High Court’s Constitutional and Human Rights Division on Friday, Awino is seeking urgent conservatory orders barring Wandayi from performing any duties as Cabinet Secretary for Energy and Petroleum pending the hearing and determination of his case.
“Pending the hearing and determination of the Petition, this Honourable Court be pleased to issue a conservatory order suspending the Respondent from office as Cabinet Secretary for Energy and Petroleum,” Awino states in his petition.
He further seeks an order restraining the CS from exercising his powers through any means.
“Pending the hearing and determination of this Application inter partes, this Honourable Court be pleased to issue a conservatory order restraining the Respondent, whether by himself, his agents, servants or any person acting under his authority, from exercising the powers and functions of the office of Cabinet Secretary for Energy and Petroleum,” the petition reads.
Additionally, Awino is seeking orders compelling CS Wandayi to forthwith surrender any authority over ongoing or impending petroleum importation processes to a neutral and lawful mechanism under the supervision of the Energy and Petroleum Regulatory Authority (EPRA), or such other body as the Court may direct.
At the heart of the petition is the controversial importation of 68,000 metric tonnes of Premium Motor Spirit (PMS) RON 93 aboard the vessel MT Paloma in or around March 2026.
Awino contends the consignment was brought into the country under highly irregular circumstances, bypassing mandatory Pre-export Verification of Conformity (PVoC) requirements and failing to meet prescribed Kenyan fuel quality standards under KS EAS 158:2025.
Court documents show that on March 28, 2026, the Ministry of Investments, Trade and Industry issued an irregular waiver allowing deviations from critical safety and environmental standards, including limits on oxygenates, manganese, sulphur, and benzene levels.
The waiver further permitted the mixing of the substandard fuel with compliant stock already in the market, a move Awino argues exposed millions of Kenyan consumers to potentially harmful petroleum products.
Attached to the petition is official correspondence from the Ministry of Energy and Petroleum’s State Department for Petroleum to the Kenya Bureau of Standards (KEBS), dated March 26, 2026, requesting temporary waivers on conformity certificates.
The letter cited disruptions caused by the ongoing conflict in the Gulf Region as justification for bypassing established regulatory safeguards.
The petition is further backed by a Presidential press release Notification of Presidential Action No. VII of 2026 which acknowledged with grave concern that duty bearers within the petroleum supply chain “may have manipulated data on in-country fuel stocks” to exploit rising global prices and public anxiety, creating a false impression of an impending supply shortage.
The statement confirmed that the scheme led to the irregular procurement of emergency fuel at a price significantly above the contracted rates and that arrests of principal officeholders were effected on April 2, 2026.
Despite the arrests and resignations of several senior officials implicated in the scandal, Awino argues that CS Wandayi has neither accepted responsibility nor stepped aside from office, and continues to wield immense power over the petroleum sector.
Awino, who describes himself as a public interest advocate, further tells the court that he was subjected to threats, intimidation, and physical assault after publicly calling for the CS’s resignation and accountability.
He has attached photographs of his injuries, taken at hospital, as evidence of violations of his constitutional rights to dignity, freedom of expression, and security of person.
“The acts of violence and intimidation against the Petitioner constitute a violation of his constitutional rights, including the right to dignity, freedom of expression, and security of the person as guaranteed under Articles 28, 33, and 29 of the Constitution,” the petition states.
Among the wide-ranging orders sought are declarations that CS Wandayi has violated multiple constitutional provisions including Articles 10, 28, 29, 33, 47, 73, 75, 153 and 232 of the Constitution, that the MT Paloma fuel importation was unlawful, irregular, unconstitutional, and null and void and that the CS is unfit to hold public office.
Awino is also seeking an order directing the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) to institute appropriate investigations and proceedings against all persons found culpable, including the CS Wandayi Respondent.
The matter is pending hearing.
