Nairobi — A petitioner is seeking the suspension of Energy and Petroleum Cabinet Secretary Opiyo Wandayi over alleged involvement in the importation of substandard fuel.
The petitioner wants the court to urgently intervene and issue conservatory orders barring the CS from exercising the powers of his office pending the hearing and determination of the petition.
In the application, the petitioner is urging the court to temporarily restrict Wandayi from making or implementing decisions related to petroleum procurement, fuel importation and licensing and regulatory approvals.
As an alternative measure, the petitioner wants the court to transfer oversight of ongoing fuel importation processes to an independent mechanism operating under judicial supervision.
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Court documents accuse the CS of either presiding over or being complicit in a scheme that allegedly allowed the entry of petroleum products that failed to meet required quality standards.
The petition outlines several alleged irregularities, including bypassing mandatory Pre-export Verification of Conformity (PVoC), importation of fuel not meeting KS EAS 158:2025 standards, issuance of questionable waivers and blending of substandard fuel with compliant stock.
According to the petitioner, these actions have compromised consumer safety, distorted fair competition in the energy market, and weakened regulatory safeguards.
The petitioner further wants the court to restrain the CS from interfering with investigations, witnesses, or evidence linked to the alleged scandal.
He argues that despite the gravity of the matter--highlighted by arrests and resignations of several public officials--the CS remains in office and continues to exercise authority, allegedly without accountability. The petition also cites failure to honour parliamentary summons as part of the concerns raised.
Owino claims he has faced threats, intimidation, and even physical assault while pursuing the case, arguing that his constitutional rights have already been violated.
He maintains that unless the court steps in, there is a real risk of continued unlawful actions, interference with ongoing investigations and undermining of the petition itself.
The application asserts that a prima facie case has been established with a high likelihood of success.
It further argues that the balance of public interest favours granting the orders sought to protect accountability and integrity in Kenya's energy sector.
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The court is now expected to determine whether the matter meets the threshold for urgent hearing and whether interim orders will be issued against the Cabinet Secretary.
