Fuel marketing companies have submitted an urgent petition to the High Court to contest the proposed government-to-government oil import agreement tender.
The marketers claim that they have been left out of the bidding process for the international tender, which is intended to provide all petroleum products used in Kenya.
This matter must be certified as urgent as the first respondent (Ministry of Energy and Petroleum) has unprocedurally published a legal notice No. 3 of 2023 of the Petroleum Importation Rule.
Certificate of Urgency
The dealers, represented by lawyer Ndegwa Njiru argue that the government’s decision to select a local oil marketer violates the Open Tender System, which requires marketers to bid competitively.
Additionally, they claim that the government did not conduct public participation and stakeholder consultation before publishing the rules, violating the constitution.
As part of the plan, the National Oil Corporation of Kenya (Nock) is set to be granted exclusive rights to import one-third of all fuel products into the country, which will include super, diesel, kerosene, and cooking gas.
This move is intended to provide strategic stocks and prevent shortages of these commodities due to global disruptions.
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