Justice Nyaundi Sets November 30 Hearing on Petition Challenging Kenya Pipeline Stake Sale

Justice Patricia Nyaundi Mande of the High Court ordered that a petition contesting the alleged disposal of a 24.76 percent shareholding in Kenya Pipeline Company to a Dangote-linked entity be listed for further directions on November 30, 2026.

In orders dated November 10, the judge instructed human rights activist Francis Awino, who lodged the petition, to serve the petition and accompanying application on all respondents by November 13, giving the respondents a two-week period to file their replies, with the deadline set for November 27.

The court refused to label the matter urgent, stating that it was not suitable for ex parte orders and quoting, “This is not an appropriate matter for the grant of ex parte Orders.”

The petition, filed as Constitutional Petition No. HCCHRPET/E764/2026, challenges the reported sale of a 24.76 percent stake in Kenya Pipeline Company to Dangote East Africa Petroleum Refinery and Petrochemicals SEZ, an entity linked to Nigerian billionaire Aliko Dangote.

Respondents named in the case include the National Treasury, the Privatisation Authority, Kenya Pipeline Company, the Capital Markets Authority, several pension institutions and the Dangote-linked firm.

Awino seeks a court order compelling disclosure of the identities of the institutional investors involved, the volume of shares sold, the dates of the transactions and the proceeds received, with particular focus on the National Social Security Fund, the Public Service Superannuation Fund and the County Pension Fund.

The activist also requests access to investment appraisals, board and trustee resolutions, fund-manager instructions, sale agreements and payment records, as well as a detailed financial breakdown of acquisition costs, sale proceeds, dividends, brokerage fees and other expenses.

In addition, Awino asks the court to issue temporary orders that would prohibit any further transfers, sales or dealings with the disputed shares while the petition is pending.

The disputed transactions followed the government’s February 2026 initial public offering of 65 percent of Kenya Pipeline Company at KSh9 per share, which, according to allocation results released on March 4, resulted in Kenyan institutional investors receiving 7.45 billion shares.

The High Court has not yet ruled on the merits of the petition and will return on November 30 for further directions.