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Gachagua: Kenya LPG Trader Harassment a State Plot

Kenya·Briefly Analysis⏱️ 5 min read

Summary

  • Former Deputy President Rigathi Gachagua alleges a state plot to harass small LPG traders, leading to arbitrary arrests and seizures.
  • Over 200,000 gas cylinders were reportedly seized in four counties between June and October last year by an ungazetted police unit.
  • Gachagua claims these seizures lacked proper documentation and legal process, questioning the whereabouts of the confiscated cylinders.
  • The ODPP questioned a Western Kenya operation, citing its impropriety under Section 11(e) of the Energy Act, 2019, due to lack of EPRA notification.
  • Gachagua demands investigations, the return of seized cylinders, compensation for traders, and raises concerns about changes to the LPG tracking system.

Allegations of State-Sponsored Harassment

A communication from the ODPP, dated December 18, 2025, explicitly stated that the operation was undertaken without prior notice to EPRA, rendering it improper under Section 11(e) of the Energy Act, 2019.

Former Deputy President Rigathi Gachagua has leveled serious accusations against the Kenyan government, alleging a concerted effort to systematically harass and displace small-scale liquefied petroleum gas (LPG) traders from the market. Gachagua, who leads the Democracy for the Citizens Party (DCP), claims that hundreds of thousands of these small businesses have faced arbitrary arrests, significant seizures of gas cylinders, and what he describes as sustained economic harassment, forming a key part of the Rigathi Gachagua state plot allegations.

According to Gachagua's statement, over 200,000 gas cylinders were seized from traders across Nairobi, Kiambu, Kajiado, and Machakos counties between June and October of the previous year. He attributed these Kenya illegal gas cylinder seizures to a clandestine police unit operating from Hurlingham, Nairobi, which he asserted was not officially gazetted. Gachagua specifically named Deputy Inspector General of Police Eliud Lagat and private citizen Clive Mutiso as being behind these alleged operations, which reportedly involved police officers and private vehicles conducting raids on LPG businesses.

The former Deputy President highlighted several procedural irregularities surrounding these seizures, including the absence of proper inventories, a lack of police occurrence book entries, and the failure to bring affected traders before the courts. He publicly questioned the whereabouts of the 200,000 seized gas cylinders. Gachagua contended that this crackdown constitutes economic sabotage against small traders, arguing it signifies an abandonment of the Bottom-Up Economic Transformation Agenda, a core promise of President William Ruto's 2022 election campaign. He emphasized that millions of Kenyans rely on micro and small enterprises, such as shops, kiosks, and market stalls, for their livelihoods, and that the LPG sector has become a focal point for powerful interests exerting pressure on these small businesses. Furthermore, Gachagua noted that President Ruto's 2023 pledge to reduce the price of a six-kilogramme gas cylinder to between Sh300 and Sh500 has not materialized into the expected relief for consumers and traders.

Regulatory Framework and Alleged Breaches

Gachagua further accused the government of undermining the established regulatory framework governing the LPG business in Kenya. He referenced a communication from the Energy and Petroleum Regulatory Authority (EPRA) dated March 10, 2025, which, he stated, reaffirmed the regulator's explicit mandate to enforce rules within the sector. Despite this clear directive, Gachagua alleged that another group has continued to conduct enforcement operations against traders, operating entirely outside EPRA's recognized framework, raising questions about EPRA enforcement operations legality.

As an example of these irregular activities, Gachagua cited an operation in Western Kenya where gas cylinders and vehicles were reportedly seized and transported to Kakamega Police Station. This particular incident drew scrutiny from the Office of the Director of Public Prosecutions (ODPP), which questioned the operation's legality due to an alleged failure to notify EPRA. A communication from the ODPP, dated December 18, 2025, explicitly stated that the operation was undertaken without prior notice to EPRA, rendering it improper under Section 11(e) of the Energy Act, 2019. This highlights significant concerns for small LPG business compliance Kenya.

LPG traders have reportedly appealed directly to President Ruto regarding the alleged Gachagua Kenya LPG trader harassment, sending letters on August 21, 2025, and April 1, 2026. However, Gachagua claimed that despite these appeals, the situation for traders has only deteriorated.

Demands and Broader Implications

In light of these allegations, Rigathi Gachagua has called for immediate investigations into the conduct of police officers and EPRA officials involved in the alleged harassment. He also demanded the prompt return of all cylinders seized during these operations and compensation for traders whose property has reportedly been confiscated. These demands underscore the severity of the alleged Gachagua Kenya LPG trader harassment.

Adding another layer to his claims, Gachagua alleged that some of the seized cylinders are being illicitly channeled to private LPG businesses with connections to politicians and state officials. However, he did not provide independent evidence within his statement to substantiate these particular claims. The former Deputy President also raised concerns about proposed changes to the LPG cylinder tracking system, suggesting that the government intends to transfer the track-and-trace function from the regulator to the e-Citizen platform, which could have significant implications for small LPG business compliance Kenya.

Practical Implications

Lawyers advising LPG businesses in Kenya should note the allegations of illegal enforcement and arbitrary seizures by state agencies, which could expose clients to compliance risks and require legal action to challenge operations not adhering to EPRA's regulatory framework under the Energy Act 2019.

Source

Source: Original reporting via Nation.Africa

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