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COFEK Heads to Court Over ‘Cancer-Linked’ Fuel in Kenya

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The Consumers Federation of Kenya (COFEK) has announced plans to go to court over what it calls a dangerous fuel contamination scandal, alleging that independent laboratory tests have confirmed the presence of carcinogenic compounds in Kenya’s fuel supply linked to the fuel-marking programme run by the Swiss firm SICPA SA.

In a press statement dated Wednesday, April 15, 2026, COFEK says it commissioned tests from Conti Testing Laboratories in Pennsylvania, United States, to analyse fuel samples from Kenya’s supply chain. According to the organisation, the findings raise serious public health and regulatory concerns that demand urgent action.

COFEK insists that the results point to a systemic failure in the fuel marking programme. It also argues that the situation exposes consumers to harmful substances without their knowledge.

“Significant presence of carcinogenic halogenated bromides has been confirmed in fuel samples destined for transit to regional markets; Critically, the same carcinogenic compounds have been detected in fuel diverted to the local Kenyan market, meaning unsuspecting Kenyan consumers are already being exposed,” COFEK noted.

“Unmarked domestic fuel samples did not exhibit these characteristics, establishing a direct link between the SICPA SA marking process and the contamination,” it added.

Fuel Marking Procurement Process Under Scrutiny

COFEK further questions the procurement and implementation of the fuel marking contract. It notes that authorities awarded the contract in June 2022 under single-bidder conditions and later extended it in June 2025 amid unresolved integrity concerns.

The matter is now under formal review before the Energy and Petroleum Regulatory Authority (EPRA).

As a result, COFEK argues that the process raises serious questions about transparency and competition in a sensitive national sector.

COFEK has confirmed that it will seek a permanent ban on SICPA SA and SGS from operating in Kenya’s fuel sector. It accuses the firms of engaging in anti-competitive conduct and undermining consumer protection.

The organisation maintains that it will file the case in court on Thursday, April 16, 2026, as part of its broader legal push for accountability.

Also Read: Alarm Over Cancer-Linked Chemicals in Fuel as Petroleum PS, EPRA & KPC Bosses ​​Resign

Public Health Concerns Over Fuel Quality

COFEK warns that the alleged contamination represents a public health emergency. It stresses that fuel quality and human health remain inseparable public interests that regulators must protect at all costs.

The lobby group further raises concerns that the chemical composition of the fuel marker may be easily detectable and potentially reversible. According to COFEK, this creates a security loophole that could allow illicit actors to bypass enforcement systems.

Private Criminal Prosecution Against Five Individuals

COFEK also plans to file a complaint at the Chief Magistrate’s Court seeking leave to initiate a private criminal prosecution against five individuals of interest.

It claims that the individuals bear responsibility for decisions that allegedly exposed millions of Kenyans to risk.

“Three of the five named individuals have since resigned from their respective positions, a development COFEK regards as a tacit acknowledgement of their culpability,” COFEK claimed.

“The charges under consideration include, among others, abuse of office and recklessly endangering the health of Kenyans for short-term personal gain,” it said.

COFEK says it will pursue the matter to its conclusion and urges the Director of Public Prosecutions to take parallel action.

Also Read: EPRA Raises Fuel Prices: Petrol Up Ksh 28, Diesel Ksh 40 for April–May Cycle

COFEK’s Immediate Demands to EPRA

COFEK has issued urgent directives to the Energy and Petroleum Regulatory Authority (EPRA), calling for immediate intervention. It demands a full suspension of the fuel marking programme and a comprehensive review of fuel in circulation.

The organisation’s key demands include:

  • Immediate suspension of the SICPA SA fuel marking programme
  • Recall and independent testing of all potentially affected fuel
  • Full disclosure of the marker chemical composition
  • Independent verification by accredited international laboratories
  • Strict compliance with global health and environmental standards before resumption
Regional Implications and Accountability Push

COFEK further warns that similar fuel marking systems in Uganda and Tanzania may require urgent regional scrutiny. It urges the East African Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) to jointly examine the findings.

At the same time, COFEK has criticised recent fuel price increases, alleging exploitation of global tensions to burden consumers unfairly.

The group also calls for accountability from Energy Cabinet Secretary Opiyo Wandayi, demanding his resignation over alleged mismanagement of the energy docket and handling of contaminated fuel claims.

Ultimately, COFEK insists it will continue its legal and regulatory push until authorities halt the programme and hold those responsible to account.

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COFEK is pursuing legal action through the courts.

The Consumers Federation of Kenya (COFEK) on Wednesday, April 15, 2026, in Kenya released a press statement announcing plans to sue fuel marketers over alleged contaminated fuel, seeking accountability and consumer protection after complaints from motorists emerged. PHOTO/ COFEK X

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