BY SAM ALFAN .
Kituo Cha Sheria has sued the government in a bid to stop upwards adjustment of fuel prices, which the local non-governmental organisation said it was hurting citizens.
The lobby group moved to the High Court further seeking to compel Ministry of Energy and Petroleum as well as Energy and Petroleum regulatory Authority (EPRA) to stabilize and reduce high fuel prices.
The petition stated that the failure by the government to stabilise the fuel prices is a violation of Article 43 of the constitution, which guarantees the citizens economic and social rights.
“A declaration that the Respondents’ failure to stabilize and reduce high fuel prices violates article 46 of the constitution which guarantees the petitioners and citizens consumer rights to wit; to goods and services of reasonable quality and to the information necessary for them to gain full benefit from the goods and services among others,” seeks the lobby group.
The lobby now wants the government to take appropriate fiscal, administrative, regulatory, good governance and other necessary steps to stabilize and reduce high fuel prices to ensure that the rights and freedoms of the citizens are not infringed.
It is the lobby’s argument that the failure to stabilize and reduce high fuel prices has occasioned high food prices as it has reached historic highs, causing concern and economic strain for both citizens and businesses.
The petition stated that despite the already high fuel prices Energy Cabinet Secretary Davis Chirchir alluded to price increase while submitting a report before the National Dialogue Committee on November 6.
According to the lobby, Chirchir indicated that there would be looming increase in fuel prices and that the petroleum prices could go up to Sh300 per liter at the pump, which he attributed to the escalation of war between Israel and Hamas which will call the international prices of fuel could go up to 150 dollars.
They argue that after the petroleum price review in October, the price of fuel has gone up to Sh217 per liter of petrol which already is too high to the members of the public and has resulted in very high and unaffordable cost of basic commodities including all household goods such as unga, the staple diet of a majority of Kenyans among others.
“Kituo Cha Sheria contends that the high fuel prices have resulted in very high and unaffordable transport costs for both private and public means of transport and that the members of the public stand to suffer irreparable loss and great inconvenience if the respondents are not ordered to urgently perform their legal obligations to protect citizens from further suffering, slow economic growth, declining living standards and high inflation thus infringing the aforesaid fundamental rights and freedoms,” says Kituo Cha sheria.
Kituo argue that that the Ministry and EPRA have not effectively discharged their legal obligation to stabilize and reduce high fuel prices which is already retailing at Sh 217 (Kenya shillings Two hundred and Seventeen) at the pump
