Kenyan Regulator Sues Over Fuel Chemical Concerns

The Consumers Federation of Kenya (COFEK) has announced legal action concerning alleged carcinogenic chemicals found in fuel linked to Kenya’s marking program. The consumer lobby group claims independent analysis confirmed the presence of these substances, prompting calls for immediate regulatory and legal intervention.

Fuel Contamination Findings

COFEK commissioned independent analysis by Conti Testing Laboratories in Pennsylvania, USA, to examine fuel samples from Kenya’s fuel supply chain. The analysis, conducted by an internationally accredited facility, reportedly confirmed the presence of carcinogenic halogenated bromides in fuel intended for regional transit and fuel already distributed within Kenya. Unmarked domestic fuel samples did not exhibit similar contamination, suggesting a direct link to the marking process used by SICPA SA.

Legal Action and Accountability

COFEK intends to file court proceedings on April 16, 2026, seeking a permanent ban of SICPA SA and SGS from operating within Kenya’s fuel sector. The legal challenge will be based on claims of unethical and unfair trade practices, anti-competitive conduct, and actions that have harmed the economy and public health. COFEK asserts that the situation represents a breach of public trust and safety.

The organization also plans to lodge a formal complaint at the Chief Magistrate’s Court seeking leave to bring a private criminal prosecution against five individuals linked to the matter. COFEK is demanding immediate regulatory intervention from the Energy and Petroleum Regulatory Authority, including suspension of the fuel marking program, recall and testing of affected fuel, and full transparency regarding the chemical composition of the markers used.

Security Concerns and Public Health

COFEK highlighted security risks associated with the marker composition, stating that it appears easily detectable and analyzable. This ease of detection suggests that illicit actors could reverse-engineer the marker and circumvent controls, potentially negating the purpose of the marking system.

The organization emphasized that the introduction of carcinogenic substances into fuel constitutes a violation of consumer rights, public health law, and constitutional guarantees. COFEK maintains that no foreign firm can conduct business in Kenya in a manner that endangers citizens with fraud and impunity.

Kenya Ports Authority Clarification

The Kenya Ports Authority (KPA) has clarified its role in handling petroleum imports at the Port of Mombasa amid scrutiny related to a fuel import scandal. KPA Managing Director William Ruto stated that the tanker MT Paloma, carrying 60,200.813 metric tonnes of Premium Motor Spirit (PMS), reached the port’s outer anchorage on March 27. The cargo details were formally declared in the manifest submitted by Sturrock Shipping (Kenya) Limited.

KPA’s responsibility ends once a vessel is securely docked, with cargo discharge operations handled by the Kenya Pipeline Company (KPC). The authority confirmed that offloading of the cargo was finalized on March 30, and the vessel departed the port later that evening.