The High Court in Nairobi has dealt a significant blow to President William Ruto’s privatisation agenda after issuing a conservatory order halting plans to privatise the Kenya Pipeline Company (KPC).
The ruling, delivered on Friday morning by Justice Bahati Mwamuye, temporarily restrains the government from proceeding with any sale or transfer of KPC shares until a petition challenging the move is heard and determined.
The order specifically bars the National Treasury from offering for sale, allocating, disposing of, transferring, or in any way dealing with the company’s shares. “Pending the inter partes hearing and determination of the applicant’s notice of motion dated 14/08/2025, a conservatory order be and is hereby issued restraining the respondents from offering for sale any shares of the Kenya Pipeline Company,” Justice Mwamuye ruled.
The decision comes amid growing public debate over the government’s privatisation policy, particularly concerning state corporations viewed as strategic national assets. The Kenya Pipeline Company, a key player in the country’s petroleum storage and transportation sector, is regarded as vital to national energy security.
Justice Mwamuye directed the petitioners to serve the respondents and all interested parties with the court documents ahead of the scheduled hearing. The respondents, which include the National Treasury, have until August 22, 2025, to submit their responses to both the application and the petition. The petitioner, in turn, has until August 29, 2025, to file a rejoinder if necessary.
The ruling effectively puts the brakes on any immediate privatisation plans for KPC, pending the full hearing of the case. The matter now sets the stage for a potentially high-stakes legal battle over whether strategic state corporations should remain under full public ownership or be opened up to private investors in the name of efficiency and economic reform.
