CS Wandayi fails to appear before MPs to shed light on fuel fiasco

Energy CS Opiyo Wandayi./FILE

Members of Parliament have granted Energy Cabinet Secretary Opiyo Wandayi another opportunity to appear before them to shed light on the fuel importation saga. The CS is expected to appear before the Energy Committee next Tuesday.

The committee is probing the controversial fuel import saga.

The CS and other key stakeholders failed to show up for a scheduled session. The committee, chaired by Nakuru Town East MP David Gikaria, expressed frustration over what it termed as disregard for parliamentary oversight, but defended the CS’s record of compliance.

“He has never failed to appear. This is not the first time we have invited him, and he has always appeared. We will give him the benefit of the doubt,” Gikaria said.

Citing parliamentary rules, the chair underscored that the committee derives its authority from Standing Orders, including provisions that allow it to summon individuals and enforce compliance.

“Going by Standing Order 155, members are here in their numbers,” he said.

“Under Standing Order 191, this committee enjoys powers to summon persons to appear before it and enforce attendance, including imposing sanctions where necessary.”

He further referenced Standing Order 191A, which allows committees to impose fines on individuals who defy summons. The lawmakers had expected the CS to shed light on allegations surrounding the importation of substandard and expensive fuel outside the established government-to-government (G2G) framework.

The issue has triggered public concern over transparency and possible manipulation of fuel prices, and the creation of an artificial emergency.

The absence was not limited to the CS but extended to other critical stakeholders who had been invited to provide information on the matter.

“Unfortunately, even those not directly under the ministry have also failed to appear,” he said.

The committee heard that only the Kenya Revenue Authority had formally communicated its inability to attend, although members noted that the explanation provided was not substantive enough.

“Only KRA indicated they may not come, but they did not give a substantive reason. That is the only letter we have,” Gikaria told the committee.

The Kenya Bureau of Standards (KEBS), which plays a critical role in fuel quality assurance, was also among the agencies that failed to honour the summons.

“With the effects of this matter, the committee should not be taken for granted. It is unfortunate that they do not want to appear,” Gikaria said, as members argued it would have been prudent for the stakeholders to communicate to the committee.

Despite the no-show, the committee resolved to give Wandayi and all invited parties another chance to appear and respond to the concerns raised. The CS is expected to respond to concerns surrounding the fuel importation process and its impact on consumers.

“I direct the secretariat to send notices for their appearance,” Gikaria ordered. The probe follows scrutiny over alleged irregularities in fuel procurement, with lawmakers seeking answers on whether due process was followed and whether Kenyans may have been exposed to substandard or overpriced petroleum products.

The committee has warned that failure to comply with the fresh summons could trigger punitive measures, including fines or other enforcement actions provided for under parliamentary rules.

Petroleum PS Mohamed Libani, EPRA director general Daniel Kiptoo, Kenya Pipeline MD Joe Sang and Energy Ministry Deputy Director Joseph Wafula have all resigned from office following their arrest.

On Tuesday, the government ordered One Petroleum Ltd to withdraw invoices and export a consignment of super petrol imported outside the G-to-G framework, saying the shipment posed a risk to fuel supply stability and would have significantly increased pump prices.

Kenya entered into master framework agreements on March 10, 2023 for the supply of super petrol, diesel and jet fuel/kerosene under a G-to-G arrangement with Aramco Trading, Fujairah FZE, ADNOC Global Trading Limited and Emirates National Oil Company (Singapore) Private Limited, anchored in the Petroleum (Importation) Regulations, 2023.

The ministry explained that the shipment was priced at Sh198,000 per metric tonne, compared to Sh140,000 per metric tonne under the G-to-G arrangement; an increase of Sh58,000 per metric tonne.

The, the ministry said it would have resulted in an approximate rise of Sh14 per litre in pump prices on that consignment alone.

The shipment arrived at the Port of Mombasa between March 27 and 29 following an emergency request by the government to address a looming fuel shortage.

Wandayi directed the company to immediately cancel all invoices issued to oil marketing firms and instead issue credit notes for the disputed cargo and instructed Oil Marketing Companies (OMCs) not to pay for or uplift the product.

“Following consultations with the government, One Petroleum Limited confirms that it has forthwith taken steps to ensure that the petroleum cargo that was brought in on 27th March, 2026 via MT Paloma does not enter the Kenyan market,” the company said in a statement on Wednesday.