The hearing of a petition challenging the proposed
privatisation of Kenya Pipeline Company (KPC) is set to begin at the High
Court.
The case arises from a petition filed by the Consumers
Federation of Kenya (COFEK), which is contesting the National Treasury’s plan
to sell shares in the state-owned oil transporter through an initial public
offering at the Nairobi Securities Exchange.
On August 15, 2025, Justice Bahati Mwamuye issued
conservatory orders halting the proposed sale of KPC shares pending the full
hearing and determination of the motion filed by COFEK.
The orders restrained the National Treasury, the
Privatisation Authority, and other agencies from offering for sale, allocating,
transferring, or otherwise dealing with any KPC shares under the proposed
privatisation framework.
The petition challenges the government’s plan to raise
approximately Sh100 billion through the sale, arguing that the process raises
serious legal, procedural, and public interest concerns that warrant judicial
scrutiny.
The privatisation proposal was approved by the Cabinet on
July 29 during a meeting chaired by President William Ruto at State House,
Nairobi.
The move forms part of the government’s broader policy to
reduce its direct involvement in commercial enterprises and promote private
sector-led growth, efficiency, and innovation.
In defending the plan, the government has argued that
privatisation will inject private capital and professional expertise into KPC,
modernise its operations, and position the company as a regional logistics and
energy leader.
The Cabinet has cited precedents such as Safaricom, Kenya
Commercial Bank, and KenGen, noting that these firms expanded regionally,
created employment opportunities, and increased shareholder value following
partial privatisation.
COFEK, however, has raised concerns over the process and
potential consequences of the sale.
The consumer lobby group contends that key legal and policy
requirements were not adequately met and warns that the transaction could have
far-reaching implications for consumers and strategic national infrastructure.
Waititu’s hate speech trial
In a separate matter, the hate speech case facing former Kiambu governor Ferdinand Waititu is set to commence today after previous attempts to start the hearing stalled due to the absence of his lawyer.
The matter, filed in 2024, failed to take off on January 15, 2026, when Waititu’s defence counsel did not attend court, prompting the trial court to adjourn the case to today.
The court directed that the hearing proceed, marking the first substantive step in the prosecution of the case.
According to the charge sheet, Waititu is accused of making offensive and inflammatory remarks during a public gathering held at Ruiru Stadium in Kiambu County on September 29, 2024.
Prosecutors allege that the remarks amounted to hate speech and included comments linking parliamentary impeachment motions to alleged attempts to remove senior state officials from office.
The prosecution contends that the statements were likely to undermine public order, contrary to provisions of the law governing hate speech and offensive conduct.
Waititu denied the charges when he was arraigned in court and was released on a Sh50,000 bond pending trial.
He has maintained his innocence and is expected to defend himself as the hearing begins.
He
is, however, serving a prison sentence following his conviction on corruption
charges in a separate matter involving Sh588 million in February 2025.
