The Consumers Federation of Kenya (COFEK) has asked the High Court to stop the implementation of a 25-year crude oil storage and handling agreement between Kenya Petroleum Refineries Limited and Gulf Energy E&P B.V., valued at a projected Sh93.68 billion.
COFEK says the deal was entered into without the public being given details of its key terms or information on how Gulf Energy was selected, raising questions over the legality and transparency of the agreement.
In a certificate of urgency filed at the High Court in Nairobi, the consumer lobby says Kenya Petroleum Refineries signed the agreement with Gulf Energy on August 26, 2026, allowing the company to use strategic petroleum infrastructure.
COFEK wants the court to suspend the deal before further implementation creates contractual and operational obligations that could be difficult to reverse if the court eventually finds that the process was unlawful.
The organisation says the agreement “has already been executed and is capable of continued implementation” despite constitutional concerns over the process through which it was entered into.
It argues that neither the material terms of the agreement nor the process used to select Gulf Energy have been made public.
According to COFEK, the lack of disclosure raises questions over “constitutional transparency, accountability and regulatory compliance”.
The lobby has asked the court to hear the matter urgently, warning that allowing the agreement to continue could result in more commercial commitments and operational arrangements being put in place before the dispute is determined.
“There exists a real likelihood that substantial implementation of the impugned agreement will create long-term contractual and operational commitments which may be difficult, costly and disruptive to reverse should the Petition ultimately succeed,” the certificate says.
COFEK further warns that delaying intervention could leave the court facing a “fait accompli”, which it says could reduce the practical effect of any orders issued after the agreement has been substantially implemented.
The consumer organisation says the case is not limited to the commercial interests of Kenya Petroleum Refineries and Gulf Energy, arguing that it also involves the use of strategic petroleum infrastructure and public resources.
The petition relies on provisions of the Constitution, the Public Procurement and Asset Disposal Act, the Petroleum Act, the Fair Administrative Action Act and the Access to Information Act.