A constitutional petition challenging the planned privatisation of the Kenya Pipeline Company (KPC) has been filed at the High Court, with petitioners asking for the matter to be escalated to the Chief Justice for the appointment of a three-judge bench.
The case has been lodged by activist Okiya Omtatah Okoiti, Bernard Muchiri Muchere and Naomi Nyakerario Misati against the National Executive, the Attorney General, Parliament, the Privatisation Authority, the Kenya Pipeline Company Board and the International Monetary Fund (IMF).
Katiba Institute and the Law Society of Kenya have joined the petition as interested parties.
In their application, the petitioners argue that the dispute raises weighty constitutional questions that cannot be handled by a single judge, urging the court to certify it under Article 165(4) for hearing by at least three judges.
They contend that KPC is not an ordinary company but a profitable and strategically sensitive state corporation whose proposed sale could have serious implications for national security, public finance and the country’s economic sovereignty.
The petition challenges whether Kenya’s existing privatisation framework including the Privatisation Act of 2005 and the Privatisation Act of 2025 meets the constitutional standards set out under the 2010 Constitution, especially on transparency, accountability and public participation.
The petitioners argue that state corporations are public assets held in trust for Kenyans and that any move to transfer such assets into private hands must strictly comply with constitutional safeguards, including equitable use of public resources.
They further question the process used to approve KPC’s privatisation, arguing that reliance on a Sessional Paper rather than an Act of Parliament undermines constitutional legislative procedures and weakens Parliament’s oversight role in the disposal of public assets.
The petition also raises concerns about alleged external influence, particularly from the IMF, claiming that the decision to privatise KPC is linked to conditions tied to international lending agreements.
According to the petitioners, such conditions amount to an unconstitutional surrender of sovereign decision-making power and violate national values under Article 10 of the Constitution.
They further argue that the planned privatisation of critical energy infrastructure may threaten national security as protected under Article 238, and question whether selling public assets to address debt obligations aligns with the constitutional principles of prudent and responsible public finance under Article 201.
The petitioners also cite integrity concerns around the privatisation process, including claims of irregular appointments at the Privatisation Authority and the lack of a forensic audit despite allegations of unexplained financial discrepancies at KPC.
They maintain that no Kenyan court has previously determined whether privatisation — in its current form — is constitutionally permissible under the transformative framework of the 2010 Constitution, and say the case will set a far-reaching precedent for other state corporations earmarked for privatisation.
The petitioners have asked the High Court to certify the matter as raising substantial constitutional questions and refer it to the Chief Justice for empanelment of a bench of not less than three judges.
