A bid to halt the latest fuel price hike suffered an early setback after Justice Roselyne Aburili declined to certify as urgent the petition challenging the increases announced by the Energy and Petroleum Regulatory Authority (EPRA).

The judge instead directed that the case proceed for inter partes hearing on June 2, ordering petitioner Francis Awino to immediately serve all respondents with the petition and application seeking interim orders.

Filed before the Constitutional and Human Rights Division , the petition seeks to suspend EPRA’s revised maximum retail fuel prices for the period between May 15 and June 14, 2026, pending determination of the case.

In court documents, Awino argues that the latest increase in Super Petrol and Diesel prices was introduced without sufficient public participation, transparency, and accountability, claiming the process violated constitutional principles on public finance and fair administrative action.

He further describes the pricing review as “opaque, unreasonable and procedurally unfair,” warning that higher pump prices are likely to push up transport costs, food prices and the cost of essential commodities, deepening pressure on households grappling with the high cost of living.

The petition names EPRA alongside the Cabinet Secretaries for the National Treasury and Economic Planning, Energy and Petroleum, and Investments, Trade and Industry. Also listed as respondents are the Attorney General, the Kenya Bureau of Standards (KEBS) and the National Standards Council.

Awino is also seeking orders compelling EPRA and the National Treasury to disclose a detailed breakdown of the fuel pricing formula used in the May–June review cycle, including taxes, levies, landed fuel costs, exchange-rate assumptions and profit margins used to determine pump prices.

The petition additionally questions the reported use of about KSh5 billion from the Petroleum Development Levy Fund and challenges a temporary waiver of sulphur fuel standards announced on April 30, arguing the move could expose Kenyans to environmental and health risks.

Awino told the court the matter required urgent intervention, citing growing public frustration over rising fuel costs and fears of nationwide protests if no action is taken.