High Court Blocks 10% Crude Oil Duty, Citing Constitutional Violations.

Nairobi.

The High Court has delivered a major victory for Kenyans after Justice Bahati Mwamuye barred the government from implementing a 10 percent import duty on crude oil, declaring the levy unconstitutional, null, and void.

In a decisive ruling, Justice Mwamuye held that the government failed to subject the proposed duty to mandatory public participation and parliamentary approval, despite its direct impact on the cost of essential commodities and the livelihoods of ordinary citizens.

He emphasized that any decision to apply, stay, or adopt measures under the East African Community (EAC) Common Market framework must undergo proper public engagement and legislative scrutiny. Anything short of that, he said, violates the Constitution.

The court also stopped the government from enforcing the EAC Gazette Notice of 30 June 2024, which introduced the 10 percent duty on crude oil entering the country.

According to the petitioners, the levy had already contributed to rising fuel prices and inflationary pressure on related goods.

With the injunction now in place, the government is barred from implementing the contested duty, offering immediate relief to consumers and reinforcing the judiciary’s role in checking executive and regulatory overreach in Kenya’s energy and taxation sectors.