NAIROBI, Kenya, May 19 — The Law Society of Kenya (LSK) has demanded an immediate forensic audit of the controversial Government-to-Government (G-to-G) fuel procurement framework, as pressure mounts on President William Ruto’s administration following the collapse of talks with matatu operators over rising fuel prices.
In a statement issued on Monday amid interministerial talks with the Transport Sector Alliance (TSA), the Society accused State agencies of failing to uphold transparency and accountability in the energy sector amid growing public concern over rising fuel and electricity costs.
“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,” LSK said.
The lawyers’ body cited concerns surrounding the structure and operation of the G-to-G fuel importation arrangement, saying the framework requires greater public scrutiny.
“These developments arise against the backdrop of continued concerns regarding the sustainability, transparency, and operational structure of the Government-to-Government (G-to-G) petroleum importation framework involving foreign petroleum suppliers,” the statement read.
LSK consequently called for “an immediate administrative, forensic, and public audit of the Government-to-Government petroleum importation framework, including all agreements, procurement processes, pricing mechanisms, supply allocations, and associated public financial obligations.”
The demand comes amid stalled investigations involving former senior energy officials arrested over allegations of manipulating petroleum stock data and facilitating irregular fuel imports outside the G-to-G arrangement.
Those implicated include former Petroleum Principal Secretary Mohamed Liban, former Kenya Pipeline Company Managing Director Joe Sang, former Energy and Petroleum Regulatory Authority Director General Daniel Kiptoo Bargoria, Deputy Director of Petroleum Joseph Wafula, and Kenya Pipeline Company Supply and Logistics Manager Joel Mburu.
Falsified stock figures
The Directorate of Criminal Investigations (DCI) alleged that petroleum stock figures were falsified to create the impression of a looming fuel shortage, paving the way for emergency fuel procurement outside the G-to-G framework at inflated prices.
According to investigators, fuel supplied by One Petroleum aboard MT Paloma landed at Sh198,855 per metric ton, while a G-to-G consignment by Gulf Energy via MT FOS Mercury cost Sh140,111 per metric ton — a difference of Sh58,744 per metric ton, or approximately Sh43.4 per litre.
The suspects were later released on Sh100,000 police cash bail after the Office of the Director of Public Prosecutions (ODPP) had not approved charges despite investigators signalling possible offences including abuse of office, conspiracy to commit economic crimes, fraudulent acquisition of public property, and violations related to the protection of public revenue.
More than a month later, the ODPP has neither confirmed receiving a case file nor announced whether prosecutions will proceed.
President Ruto had earlier vowed a crackdown on what he described as entrenched cartels within the energy sector.
“These cartels in the energy sector will not be allowed to operate freely. They will not escape accountability,” Ruto said last month.
Transcom House fallout
The renewed scrutiny comes after matatu operators publicly rejected claims by Energy Cabinet Secretary Opiyo Wandayi that progress had been made in negotiations over fuel prices.
The talks, held at Transcom House in Nairobi, were aimed at resolving a nationwide PSV strike triggered by rising diesel prices.
Speaking alongside Transport Cabinet Secretary Davis Chirchir, Wandayi said the government intended to narrow the price gap between diesel and kerosene.
“We have come to an understanding that for prudence purposes… we are going to bridge the gap between the prices of diesel and kerosene,” Wandayi said, indicating diesel prices would reduce while kerosene prices would increase.
However, matatu sector representatives later disputed the assertion, insisting no agreement had been reached.
“Yes, I want to say I am sorry. There are things I do not agree here,” one operators’ representative said.
“We did say that we are going to communicate here clear and open that we have not agreed.”
Operators said the government had proposed a Sh10 reduction in diesel prices, below their demand of between Sh30 and Sh46 per litre.
“With all due respect… we did not agree on anything,” the official added.
Continued strike
Association of Matatu Transport Owners Chairperson Kushian Muchiri later said discussions had only produced consensus on efforts to curb fuel adulteration.
“On the issue of diesel prices, that one we have not agreed,” Muchiri said.
Matatu Owners Association President Albert Karagacha said operators remained under financial strain.
“We are paying our loans… we’ve not gotten any solution,” he said, adding that the strike would continue until further measures are taken.
The standoff has disrupted public transport operations in parts of Nairobi, Nakuru, and other towns, leaving commuters stranded and fares rising.
LSK said the deepening crisis demonstrated the need for greater transparency, institutional accountability, and meaningful public participation in energy pricing decisions.
“To the extent that the impugned measures were implemented through subsidiary legislative or administrative instruments affecting public taxation and consumer obligations, the State remains constitutionally bound… to ensure openness, accountability, procedural fairness, and meaningful public participation,” the Society stated.
The lawyers further warned that rising fuel and electricity prices were undermining economic productivity and threatening socio-economic rights guaranteed under the Constitution.
“Increased fuel and electricity costs continue to exert immense pressure on manufacturing, transportation, agriculture, and household expenditure, thereby undermining economic productivity, commercial stability, and the socio-economic rights protected under Article 43 of the Constitution,” LSK said.