The High Court has declined to issue temporary orders seeking to halt the planned privatisation of the Kenya Pipeline Company (KPC), dealing a setback to activists and lawmakers opposed to the government’s plan to sell part of the state-owned energy firm.
In a ruling delivered on Monday, High Court Judge Lawrence Mugambi said it would be premature to issue conservatory orders at this stage, noting that the matter had only been scheduled for mention and that key legal issues still needed to be determined.
The case was filed by Busia Senator Okiya Omtatah, who had asked the court to urgently stop what he described as an unconstitutional privatisation process, including an initial public offering (IPO) that is reportedly nearing completion. Omtatah raised concerns about the sale of public assets, alleged external influence on Kenya’s fiscal decisions, and whether there had been adequate public participation in the privatisation process.
The court noted that questions on jurisdiction and whether the matter had already been decided in previous cases must first be addressed before any interim relief can be granted. Judge Mugambi directed that the preliminary objections and the application for conservatory orders be heard together.
The ruling means the government’s privatisation plans remain on course for now, although the legal challenge is still ongoing and could shape the future of Kenya’s state-owned enterprises.
The case was filed by Busia Senator Okiya Omtatah, who had asked the court to urgently stop what he described as an unconstitutional privatisation process, including an initial public offering (IPO) that is reportedly nearing completion. Omtatah raised concerns about the sale of public assets, alleged external influence on Kenya’s fiscal decisions, and whether there had been adequate public participation in the privatisation process.
The court noted that questions on jurisdiction and whether the matter had already been decided in previous cases must first be addressed before any interim relief can be granted. Judge Mugambi directed that the preliminary objections and the application for conservatory orders be heard together.
The ruling means the government’s privatisation plans remain on course for now, although the legal challenge is still ongoing and could shape the future of Kenya’s state-owned enterprises.
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