NAIROBI – Busia Senator Okiya Omtatah has filed a fresh constitutional petition at the High Court seeking to permanently halt the planned privatisation of the Kenya Pipeline Company (KPC), branding the government’s plan to sell a 65% stake as “unconstitutional, anti-sovereign, and externally driven by the IMF.”
Core Allegations: Sovereignty, Profitability, and Process
The petition, filed alongside two other citizens, argues that the proposed Initial Public Offering (IPO) by March 2026 threatens Kenya’s energy security and is motivated by International Monetary Fund (IMF) loan conditions rather than national interest. The petitioners emphatically state that KPC is a profitable, fully state-owned strategic asset.
“KPC is a profitable, 100 per cent publicly owned strategic asset. In 2024 alone, it posted Sh6.87 billion in profit and paid Sh7 billion in dividends to the National Treasury. Selling such an asset to service public debt violates public finance law and erodes national sovereignty,” the petitioners argued.
The court documents raise severe concerns over transparency, alleging over Sh97 billion in unaccounted funds within KPC and claiming the privatisation is being rushed to “cover up this theft.” The petition also challenges the legality of the entire process, citing a lack of public participation, the irregular appointment of the Privatisation Commission’s leadership, and the National Assembly’s approval via a Sessional Paper instead of a formal Bill.
Legal Landscape and Government’s Position
This new petition enters a legal arena where the government’s plans are already under restraint. In a separate case, the High Court had previously issued a conservatory order blocking any sale of KPC shares pending the hearing of a petition by the Consumers Federation of Kenya (Cofek).
The government, however, maintains that the IPO—approved by Cabinet in July 2025—is a strategic move to reduce state involvement in business, attract private investment, and democratise ownership by allowing Kenyans to buy shares. It has pointed to the successful privatisations of Safaricom and KenGen as models for unlocking commercial potential.
Broader Relief Sought and Petitioner’s Stance
Senator Omtatah and his co-petitioners are seeking sweeping relief from the court. They want declarations that the privatisation process, related laws, and the implicated IMF conditions are unconstitutional and void. They have also requested a permanent injunction against any further steps toward the sale of KPC.
Emphasizing the public-interest nature of the case, Omtatah stated, “We seek no compensation or costs. Our sole objective is to defend the Constitution and protect public assets that belong to all Kenyans, today and for generations to come.”
