Omtatah Leads Legal Battle Over Kenya Pipeline Sale
Petition Filed at High Court
Busia Senator Okiya Omtatah, Bernard Muchiri, and Naomi Nyakerario filed a constitutional petition on January 2, 2026. Moreover, the trio challenged the government’s plan to privatize Kenya Pipeline Company (KPC) and other strategic enterprises.
Privatization Plan Under Threat
The government intends to sell 65 percent of KPC through an Initial Public Offering by March 2026. Consequently, the petitioners argue the plan faces legal and constitutional challenges.
IMF Pressure Alleged
Petitioners claim the decision stems from International Monetary Fund pressure rather than public will. Additionally, they described the plan as unconstitutional, unlawful, and anti-sovereign.
KPC’s Strong Financial Performance
KPC remains fully government-owned and profitable, posting KSh 6.87 billion profit in 2024. Furthermore, the company remitted KSh 7 billion in dividends to the National Treasury.
Concerns Over Public Finance Laws
Petitioners argue selling a revenue-generating asset to repay debt contravenes public finance laws. They also flagged concerns about KSh 97 billion in retained earnings and depreciation funds.
Governance Issues Raised
The petition highlights lack of public participation and irregular appointments at the Privatization Commission. Moreover, it questions parliamentary approval through a Sessional Paper instead of proper legislation.
Petitioners Seek Court Intervention
The petitioners asked the Court to declare the privatization process unconstitutional. Therefore, they want all related decisions quashed and future sale attempts permanently barred.
Public Interest Litigation
Petitioners emphasized they seek no compensation. Ultimately, they described the case as public interest litigation aimed at protecting national assets.
