We refer to the above subject matter. We act for the Consumers Federation of Kenya, COFEK (our client), under whose instructions we address you as follows: –
As you are aware, Article 46 of the Constitution of Kenya guarantees to every person, consumer rights. These include the right to goods and services of reasonable quality, the right to information necessary for them to gain full benefit from goods and services as well as the protection of their safety, and economic interests. It is also unlawful and unfair practice to provide false representations to consumers.
In the past few days, there have been concerns and disturbing reports on the quality of petroleum fuel sold to Kenyans. These reports are not new as they have persisted over time.
Through the joint statement between yourselves and the Kenya Bureau of Standards (KEBS) dated 6th Febrruary, 2025, you indeed acknowledged these concerns. In the statement, you highlighted that all petroleum fuels imported into the country undergo testing and certification at the point of entry.
The statement also indicates that following the recent reports and concerns, you have conducted various confirmatory tests from retail petrol stations including the ones mentioned in the reports.
In light of your obligation to monitor and enforce quality of petroleum and petroleum products in Kenya, and in accordance with Article 35 of the Constitution, kindly furnish us with the following information: –
a) All sample and test results including the test result forms, for all the tests conducted at the point of entry of petroleum fuels in the period between 31st May 2024 to 31st January 2025.
b) Whether regular tests are conducted at retail stations and if yes, samples and test results forms for all regular tests conducted at retail stations in the period between 31st May 2024 to 31st January 2025.
c) The tests results including the test result forms, for all the confirmatory tests conducted following the concerns by members of the public as alleged in your statement dated 6th February 2025.
d) A list of all the measures put in place by the Authority to protect consumers and consumer rights and interests.
Kindly note that expeditious compliance with this request will be highly appreciated.
Please take further notice that our client will not hesitate to take legal remedial action including institution of a class action to seek among others, compensation to consumers who have suffered losses following the quality of fuel sold to them (Tali Tali Advocates)
