The Law Society of Kenya (LSK) has issued its most aggressive intervention yet in the worsening energy crisis, threatening immediate constitutional litigation if the government fails to reverse what it calls arbitrary and disproportionate fuel and electricity pricing.

This, even as street protests spread nationwide and matatu operators push for the complete removal of VAT on petroleum products.

In a statement on Monday, May 18, 2026, the LSK accused the Energy and Petroleum Regulatory Authority (EPRA), the Ministry of Energy, and the National Treasury of imposing economic strain through a series of administrative and regulatory decisions that have shattered household budgets and crippled key sectors.

“The cumulative effect of these measures has imposed a disproportionate and economically unsustainable burden on Kenyan households, businesses, manufacturers, transport operators, and other productive sectors,” the LSK statement read in part.

Diesel prices in Nairobi have surged by Ksh46.29 per litre to Ksh242.92, while super petrol now retails at Ksh 214.25 per litre, increases the LSK says were implemented without meaningful public participation or transparent disclosure of underlying fiscal considerations.

LSK’s pronouncements come amid growing pressure on Parliament following a formal appeal by Kiharu Member of Parliament Ndindi Nyoro, who has urged the Speaker of the National Assembly to recall the House from recess to urgently deliberate on proposed tax amendments aimed at reducing fuel prices.

Nyoro requested on Saturday, May 15, 2026, shortly after EPRA announced a sharp rise in pump prices.

Nyoro said the recall would allow MPs to consider urgent reforms, including reducing Value Added Tax (VAT) on fuel from 8 per cent to zero, lowering the Road Maintenance Levy, and introducing targeted relief measures to cushion consumers from escalating transport costs.

“Following our proposal to amend various laws with the aim of reducing fuel prices, we have written to the Speaker of the National Assembly with a request to recall the House from recess at the earliest, preferably Monday, to process the various proposed amendments,” he stated on his X account.

He argued that the proposals would provide immediate relief to households and businesses struggling under rising inflation.

Concerns over substandard fuel

Moreover, the society has demanded for an urgent update on investigations intoadulterated fuel reported to contain high levels of Sulphur, fuel that is claimed to have caused mechanical failures across the country.

The LSK has also demanded the arrest and prosecution of top Kenya Pipeline Company (KPC) officials linked to the procurement irregularities.

“Specifically, an update on status of the arrest and prosecutions of the top KPC officials involved in the irregularities related to the procurement of the fuel that has seen diesel prices surge to levels never before experienced,” the LSK declared.

The Society also confirmed it is presently reviewing appropriate constitutional and judicial interventions, challenging the legality of the pricing measures.

“Should immediate corrective administrative action fail to materialise, the Society shall move to court,” the statement warned.

These legal threats come as the government faces mounting pressure from matatu owners and transport unions demanding zero-rating of VAT on fuel, a more radical position than the temporary 8 per cent VAT reduction introduced through Legal Notice No. 70 of 2026.

On the streets, the situation remains volatile. The LSK acknowledged the nationwide demonstrations while issuing a rare dual condemnation: both against protesters who have resorted to looting and vandalism, and against police officers accused of excessive force.

The Society specifically cited Thika, where “several protesters were reported to have been shot and seriously injured.

“The Society unequivocally condemns these human rights violations,” the statement read, while also denouncing acts of vandalism and looting of commercial premises, burning of motor vehicles.”