Busia Senator Okiya Omtatah and two other petitioners have filed a constitutional challenge seeking to halt the government's plan to sell 65% of the Kenya Pipeline Company.
On January 2, 2026, Senator Okiya Omtatah, along with Bernard Muchiri Muchere and Naomi Nyakerario Misati, filed a constitutional petition at the High Court of Kenya, challenging the proposed sale.
The petitioners argue that the plan to divest 65% of KPC through an initial public offering (IPO) violates constitutional principles and undermines national sovereignty.
"This plan is unconstitutional, unlawful, and anti-sovereign. It is not a decision of the people of Kenya, but one driven by external pressure from the International Monetary Fund," Omtatah stated.
The petitioners emphasize that KPC is a profitable, fully publicly owned strategic asset.
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In 2024, the company recorded Ksh 6.87 billion in profit and remitted Ksh 7 billion in dividends to the National Treasury. They contend that selling such an asset to service public debt contravenes public finance law and threatens energy security, collective ownership, and intergenerational justice.
The petition raises several constitutional concerns, including IMF conditionalities that allegedly compromise Kenya's sovereignty, over Ksh 97 billion in unaccounted retained earnings and depreciation funds at KPC, insufficient public participation and transparency, irregular appointments at the Privatisation Commission, and parliamentary approval obtained through a Sessional Paper rather than proper legislation.
The petitioners are seeking a court declaration that the entire privatization process is unconstitutional, requesting that all related decisions and notices be quashed, and asking for a permanent injunction barring any further steps toward the sale of KPC.
Omtatah emphasized that this is a public-interest case with no compensation or costs sought.
"Our sole objective is to defend the Constitution and protect public assets that belong to all Kenyans, today and for generations to come," he said.
In October 2025, the government announced March 31, 2026, as the target date for completing the privatization of the Kenya Pipeline Company (KPC).
Privatization Commission Chairman Faisal Abass disclosed that the process had secured necessary approvals from both Cabinet and Parliament, with the National Assembly endorsing the transaction on October 1, 2025, through a Sessional Paper presented by the Cabinet Secretary for the National Treasury and Economic Planning.
The privatization framework outlined several objectives, including unlocking the company's economic potential, broadening participation in Kenya's capital markets, and generating revenue for the 2025/2026 financial year to fund critical development programs.
Officials indicated the initiative would allow ordinary citizens to acquire shares in the profitable state enterprise while improving operational efficiency and corporate governance through stock exchange listing and regulatory supervision.
