The Law Society of Kenya has called for an immediate review of recent fuel and electricity pricing decisions, warning that the measures have placed an unsustainable burden on households, businesses and key sectors of the economy.
In a press statement dated May 18, 2026, the Society raised concern over recent administrative and regulatory decisions by the Energy and Petroleum Regulatory Authority, the Ministry of Energy and Petroleum, and the National Treasury, including the increase of the anti-adulteration levy and the rise in value added tax on petroleum products.
According to the statement, the anti-adulteration levy increased from KSh 18 to KSh 26 per litre, while diesel prices rose to KSh 162.50 per litre and kerosene to KSh 146.65 per litre. The Society also cited additional electricity pass-through adjustments amounting to about KSh 4.72 per kilowatt-hour, saying the changes had further raised the cost of energy.
“The Society is deeply concerned that the cumulative effect of these measures has imposed a disproportionate and economically unsustainable burden on Kenyan households, businesses, manufacturers, transport operators, and other productive sectors of the economy,” the LSK said.
The Society argued that major tariff and pricing adjustments affecting millions of consumers appeared to have been implemented without sufficient public participation, transparent disclosure of the underlying fiscal and policy considerations, or adequate consumer protection safeguards.
It said the decisions must comply with constitutional standards of legality, transparency, accountability, reasonableness and proportionality.
The LSK further questioned the depletion and administration of the Petroleum Development Levy stabilisation framework, saying the matter raised “legitimate questions regarding fiscal accountability, consumer protection, and the broader management of strategic energy reserves” under relevant energy laws.
The statement also came against the backdrop of nationwide public demonstrations and civic agitation over economic hardship and the rising cost of living. While the Society affirmed the constitutional right to assemble, demonstrate and picket, it urged protesters to act peacefully and lawfully.
“The right to assemble, demonstrate, picket, and present petitions peacefully and unarmed is constitutionally guaranteed under Article 37 of the Constitution and remains a critical pillar of Kenya’s democratic order,” the Society said.
At the same time, LSK condemned violence, looting, vandalism and destruction of property during demonstrations, saying such acts undermined the constitutional legitimacy of peaceful protests and exposed citizens and businesses to loss and insecurity.
The Society also condemned excessive use of force by law enforcement officers, citing reports of shootings, injuries, fatalities, destruction of property and security operations in various parts of the country. It called for urgent, independent and transparent investigations into the reported incidents.
“Law enforcement agencies remain constitutionally obligated… to discharge their mandate professionally, proportionately, and strictly within the confines of the Constitution,” the statement said.
Among its demands, LSK called for an immediate administrative review of EPRA’s May–June 2026 pricing guidelines and electricity pass-through adjustments, publication of the legal and policy considerations behind the depletion and use of the Petroleum Development Levy stabilisation mechanisms, and an independent audit of the Government-to-Government petroleum procurement framework.
The Society also demanded updates from the government on investigations into the importation and circulation of allegedly adulterated fuel, which it said reportedly contained high levels of sulphur and caused mechanical problems for motorists.
LSK said it is reviewing possible constitutional and judicial interventions to challenge the legality, procedural propriety and constitutional compliance of the impugned pricing and tariff measures.
“The Society shall move to court to seek appropriate reliefs aimed at safeguarding constitutional governance, consumer rights, civil liberties, and the socio-economic welfare of the people of Kenya,” the statement said.
