COFEK Moves to Court Over 'Cancer-Causing' Chemicals in Kenyan Fuel

The Consumers Federation of Kenya (COFEK) has announcing legal action over alleged dangerous and carcinogenic chemicals found in fuel linked to Kenya's marking programme. 

In a statement on Wednesday, April 15, the consumer lobby explained that it sought external verification to establish the truth about the fuel contamination claims.

"COFEK commissioned independent analysis BY Conti Testing Laboratories, Bethel Park, Pennsylvania, USA - an internationally accredited facility - to examine fuel samples drawn from Kenya’s fuel supply chain," the statement read.

According to COFEK, the results confirmed the presence of carcinogenic halogenated bromides in fuel intended for regional transit, as well as in fuel already distributed within Kenya. 

It further pointed out that unmarked domestic fuel samples did not show similar contamination, directly linking the issue to the marking process used by SICPA SA.

"These findings represent a serious public health emergency that demands immediate regulatory and legal intervention," the statement added.

COFEK has confirmed that it will move to court to stop the continued use of the marking system and hold those involved accountable.

"COFEK confirms that it will tomorrow, Thursday, April 16, 2026, file court proceedings seeking the permanent ban of Swiss firms SICPA SA and SGS from doing business within Kenya’s fuel sector," the statement continued.

According to COFEK, the planned legal challenge will be based on claims of unethical and unfair trade practices, anti-competitive conduct that allegedly created a monopoly, and actions that have directly harmed both the economy and public health.

It argued that the situation goes beyond commercial misconduct and represents a serious breach of public trust and safety.

"COFEK strongly holds that no foreign firm, however well-connected, may conduct business in Kenya in a manner that endangers the lives and livelihoods of citizens with fraud and impunity, such as that displayed by SICPA SA," the statement further read.

COFEK insisted that fuel safety is a fundamental public interest that cannot be compromised under any circumstances.

"The deliberate introduction of carcinogenic substances into fuel consumed by millions of Kenyans, whether knowingly or through gross negligence, constitutes a fundamental violation of consumer rights, public health law, and constitutional guarantees.

"There is no regulatory discretion, commercial arrangement or diplomatic consideration that can override the right of Kenyans to safe, uncontaminated fuel," the statement noted.

Beyond health concerns, COFEK also raised security risks, noting that the marker composition appears easy to detect and analyse.

"Furthermore, the apparent ease with which the marker composition can be detected and analyzed constitutes a fundamental security flaw. It suggests that sophisticated illicit actors may rapidly reverse-engineer the marker and adapt their practices to circumvent controls, effectively neutralising the purpose of the marking system," the statement explained.

In addition to the civil proceedings, COFEK revealed plans to pursue criminal accountability against individuals linked to the scandal.

"Acting on this firm conviction, COFEK will also lodge a formal complaint at the Chief Magistrate’s Court seeking leave to bring a private criminal prosecution against five persons of interest in connection with this matter," the statement noted.

COFEK is also demanding immediate regulatory intervention from the Energy and Petroleum Regulatory Authority, calling for the suspension of the fuel marking programme, recall and testing of affected fuel, and full transparency regarding the chemical composition of the markers used.

It maintains that the public has a right to full disclosure and accountability, especially in matters affecting health and safety.

"The Kenyan public deserves to know what has been introduced into their fuel. The findings from Conti Testing Laboratories, Pennsylvania, are not speculative - they are independently verified scientific results that implicate a state-sanctioned commercial programme in exposing Kenyans to known carcinogens.

"COFEK will not relent until full accountability is achieved, the harmful programme is halted, and those responsible - whether in public office or in corporate boardrooms - face the full consequence of the law," the statement concluded.

Elsewhere, the Kenya Ports Authority (KPA) has issued a clarification on how petroleum imports are handled at the Port of Mombasa, as scrutiny intensifies over the Ksh4.8 billion fuel import scandal.

In a letter to the Senate Energy Committee, KPA Managing Director William Ruto said the tanker, MT Paloma, reached the port’s outer anchorage on March 27 at 2:30 a.m., transporting 60,200.813 metric tonnes of Premium Motor Spirit (PMS). 

The cargo details had been formally declared in the manifest submitted by Sturrock Shipping (Kenya) Limited.

"The pilot boarded the vessel at 1750 hours upon lodgment of the manifest, and the vessel was brought alongside KOT II at berth No. 1 at 2042 hours," he stated.

KPA noted that its responsibility ends once a vessel is securely docked, noting that cargo discharge operations are handled by the Kenya Pipeline Company (KPC).

The authority distanced itself from any downstream handling or decisions involving petroleum products.

"Upon berthing of tanker vessels at KOT II, cargo discharge and all associated operations are undertaken by KPC. Accordingly, after berthing of vessels, KPA is not privy to all subsequent operations or actions that may be taken by the relevant Government Agencies," the authority explained.

KPA confirmed that offloading of the cargo was finalised on March 30 at 12:12 p.m., after which the vessel cleared all port dues and departed later that evening at 7:20 p.m.