Activist Moves to Court as Pressure Mounts on CS Wandayi Over Fuel Scandal

Pressure is continuing to rise on Energy Cabinet Secretary Opiyo Wandayi after a fresh case was filed at the High Court seeking to have him temporarily removed from office over the alleged KSh4.8 billion substandard fuel scandal.

Reports indicate that the petition was filed at the Milimani High Court on Friday, April 10, by activist Francis Awino, who wants the matter treated as urgent because of the public interest involved and the possible risks to consumers.

In the petition, Awino is asking the court to issue conservatory orders stopping Wandayi from carrying out the duties of the Energy Cabinet Secretary until the case is fully heard and determined.

He argues that allowing the CS to continue serving in office while the allegations remain unresolved could interfere with accountability and expose the country to more questionable decisions in the sensitive petroleum sector.

The activist says the orders are necessary to protect the integrity of ongoing investigations and restore public confidence in the energy ministry.

As an alternative, the petitioner is also requesting the court to limit Wandayi’s powers specifically on matters touching petroleum procurement, fuel importation, licensing, approvals, and other regulatory decisions as the legal battle moves forward.

According to the court documents, this would ensure that no further decisions are made on fuel-related issues by a ministry already under intense scrutiny over the scandal.

Awino is further asking the court to direct that all ongoing fuel importation processes be placed under an independent mechanism operating under the supervision of the court.

The move, he argues, would help guarantee transparency and prevent any possible manipulation of evidence or interference with critical procedures while the matter is still active before the judiciary.

In the same petition, he wants the CS barred from contacting witnesses, tampering with evidence, or influencing any investigations linked to the controversial fuel imports.

According to the activist, Wandayi, as the top official in charge of the energy sector, either directly oversaw or failed to prevent the unlawful importation of petroleum products that allegedly did not meet Kenya’s required quality standards.

The petition claims the entire process was marred by serious irregularities, including the alleged bypassing of mandatory Pre-export Verification of Conformity (PVoC) checks, the approval of questionable waivers, and the blending of fuel that failed standards with compliant stock already in the system.

Awino says these alleged actions not only weakened the country’s regulatory safeguards but also exposed ordinary Kenyans to unsafe fuel products that could damage vehicles, affect machinery, and threaten public safety.

He argues that the matter goes beyond politics because it touches directly on consumer welfare, economic stability, and trust in public institutions.

The activist, who was reportedly attacked by goons earlier this week while preparing to address the media on the same issue, has also informed the court that the embattled CS has continued exercising authority without proper accountability.

Part of his complaint includes claims that Wandayi failed to honour parliamentary summons, which has further intensified calls for action from both civil society and lawmakers.

Meanwhile, Members of Parliament sitting in the Energy Committee have already given Wandayi another chance to appear before them and explain his side of the growing scandal after he and several other key stakeholders skipped an earlier scheduled session.

The committee, which is chaired by Nakuru Town East MP David Gikaria, has warned that failure to honour the fresh summons could lead to punitive action.

Among the measures being considered by MPs are fines, enforcement action, and other legal consequences as Parliament continues its own probe into the controversial fuel importation process.

With pressure now coming from the courts, Parliament, civil society, and the public, the scandal is fast turning into one of the biggest political tests facing the Energy Ministry in recent months.

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