Omtatah Sues IMF Over Secret KPC Sale Deal
The government’s intention to sell the Kenya Pipeline Company (KPC) has been challenged in court, citing unconstitutional external meddling.
On January 2, 2026, Busia Senator Okiya Omtatah, Bernard Muchiri Muchere, and Naomi Nyakerario Misati filed a constitutional petition with the High Court.
The trio objected to the proposed privatisation of KPC and other important state-owned firms.
According to the petitioners, the government’s intention to sell 65% of KPC through an Initial Public Offering by March 2026 is now in jeopardy.
DEFENDING KENYA’S STRATEGIC ASSETS: PETITION FILED TO STOP KPC PRIVATISATION
— Okiya Omtatah Okoiti (@OkiyaOmtatah) January 2, 2026
On 2 January 2026, together with Bernard Muchiri Muchere and Naomi Nyakerario Misati, we filed a constitutional petition at the High Court of Kenya challenging the proposed privatisation of… pic.twitter.com/IEr98izCDS
They contended that the decision was driven by International Monetary Fund (IMF) coercion rather than public will.
“This plan is unconstitutional, unlawful, and anti-sovereign. It is not a decision of the people of Kenya, but one driven by external pressure from the International Monetary Fund,” the petitioner’s state.
KPC continues to be a profitable corporation controlled entirely by the government, with a profit of KSh 6.87 billion in 2024.
During the same period, the company paid KSh 7 billion in dividends to the National Treasury.
The petitioners argue that disposing of a revenue-generating asset to satisfy public debt violates public finance legislation.
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The petition raises questions regarding KPC’s unaccounted-for retained earnings and depreciation funds totaling KSh 97 billion.
Other criticisms include a lack of public participation, irregular nominations to the Privatisation Commission, and legislative approval via a Session Paper rather than formal law.
“We are asking the Court to declare the entire privatisation process unconstitutional, quash all related decisions and notices, and permanently bar any further steps toward the sale of KPC,” the petition reads.
The petitioners want no monetary compensation, defining their lawsuit as public interest litigation aimed at defending assets belonging to all Kenyans.
Omtatah Sues IMF Over Secret KPC Sale Deal
