Nairobi — A constitutional petition seeking to block the proposed privatisation of the Kenya Pipeline Company (KPC) has been filed at the High Court, with the applicants asking that the matter be escalated to the Chief Justice for the appointment of a three-judge bench.
The case has been lodged by activist Okiya Omtatah Okoiti alongside Bernard Muchiri Muchere and Naomi Nyakerario Misati.
They have named the National Executive, the Attorney General, Parliament, the Privatisation Authority, the Kenya Pipeline Company Board and the International Monetary Fund (IMF) as respondents.
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Katiba Institute and the Law Society of Kenya have joined the proceedings as interested parties.
In their application, the petitioners argue that the dispute raises novel and weighty constitutional questions that cannot be adequately determined by a single judge, as contemplated under Article 165(4) of the Constitution.
They contend that the planned sale of KPC ,a profitable and strategically critical state-owned enterprise ,carries far-reaching implications for national security, public finances, economic sovereignty and the stewardship of public assets, warranting consideration by a multi-judge bench.
At the centre of the petition is the constitutionality of Kenya's privatisation framework, anchored in the Privatisation Act of 2005 and reinforced by the Privatisation Act of 2025.
The applicants question whether the laws comply with the values and principles of the 2010 Constitution. They maintain that state corporations constitute public property held in trust for citizens and that any transfer to private ownership must strictly meet constitutional standards on public participation, transparency, accountability and the equitable use of public resources.
The petition also challenges the procedure used to greenlight KPC's privatisation, arguing that reliance on a Sessional Paper rather than legislation passed by Parliament violates constitutional law-making processes and weakens parliamentary oversight over the disposal of public assets.
Further, the applicants raise concerns about external influence in the decision, particularly the role of the IMF. They allege that the push to privatise KPC stems from conditions tied to international lending programmes, which they argue amounts to an unlawful surrender of sovereign policy-making authority and breaches the national values set out under Article 10 of the Constitution.
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The case raises additional constitutional questions, including whether privatising critical energy infrastructure undermines national security as envisaged under Article 238, and whether selling public assets to plug debt obligations aligns with the principles of prudent and responsible public finance under Article 201.
The petition also flags governance concerns, citing alleged irregular appointments at the Privatisation Authority and the absence of a forensic audit despite claims of unexplained financial discrepancies at KPC.
According to the petitioners, no Kenyan court has previously interrogated whether the current privatisation regime complies with the transformative intent of the 2010 Constitution. They argue that the determination of the case will set a far-reaching precedent affecting all state-owned entities earmarked for privatisation.
On that basis, the applicants have urged the High Court to certify the matter as one raising substantial questions of law and to forward it to the Chief Justice for the empanelment of a bench of no fewer than three judges. They are also seeking costs of the application.
