Not so fast: Judge halts State’s plan to privatise Kenya Pipeline

Not so fast: Judge halts State’s plan to privatise Kenya Pipeline

KPC

Under a petition by Cofek, the National Treasury has been barred from offering for sale, allocating, disposing off, transferring, or dealing with any shares of Kenya Pipeline.

The High Court has issued conservatory orders stopping the government from selling, transferring, or otherwise dealing with any shares of the Kenya Pipeline Company Limited, pending the determination of a petition filed by the Consumers Federation of Kenya (COFEK).

The halt comes almost two weeks after the Cabinet approved the sale of KPC in a plan aimed at enabling the private sector to drive growth and innovation of the company.

“The decision reflects the government’s policy shift toward reducing its role in doing business and instead enabling the private sector and industry experts to drive growth, efficiency, and innovation,” the Cabinet stated.

However, on Friday, High Court Judge Bahati Mwamuye granted the temporary conservatory orders, effectively blocking the Cabinet Secretary for National Treasury and Economic Planning, the Privatisation Authority, and other respondents from proceeding with the contested privatisation plan.

The order stops the National Treasury from offering for sale, allocating, disposing off, transferring, or dealing with any shares of KPC.

"Pending the inter partes hearing and determination of the applicant's notice of notion dated 14/08/2025, a conservatory order be and is hereby issued restraining the Respondents from offering for sale any shares of the Kenya Pipeline Company," the court ruled.

The court directed COFEK to serve the respondents and the interested parties with the application petition, and court order immediately, and to file proof of service by the end of the day, Friday.

"The respondents and the interested parties shall enter appearance and file and serve their respective responses to both the application and the petition; and they shall do so by close of business 22/08/2025," Judge Mwamuye noted.

Adding, "The petitioner shall have leave to file and serve a rejoinder, if need be, and it shall do so by close of business 29/08/2025." The case has since been scheduled for hearing in open court on September 5, 2025, from 10:00am.

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