President Yoweri Museveni’s Uganda has sued Kenya at the East African Court of Justice (EACJ) following an ugly fallout over the importation of petroleum products by Uganda.

Uganda is objecting Kenya’ refusal to let it use Kenya Pipeline Company (KPC) structures to move its refined fuels from Mombasa port to Kampala as ordered by the Cabinet in Uganda.

Uganda, in its lawsuit filed before the EACJ, claims Kenya has barred the Uganda National Oil Company (UNOC)from operating in the country as an Oil Marketing Company (OMC).

Energy and Petroleum Regulatory Authority (EPRA) had directed UNOC to register as an OMC in Kenya to be permitted to import and export petroleum products through Kenya.

UNOC was required to avail its business registration certificates, directors’ identification documents, tax compliance certificate, work permits as well as proof of financial capability.

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It was to also prove it sold 6.6 million litres of super petrol/A1jet/kerosene in Kenya, runs five licensed retail stations and a depot with a turnover of USD10 million in the last three years.

UNOC protested that some of the requirements were unrealistic given it was state-owned and only sought to transport petroleum products through Kenya and not do business here.

It was due to this impasse that Uganda sought an exemption that Kenya rejected saying such a request could only be considered at the level of President William Ruto’s Cabinet.

However, Uganda wants EACJ to hold Kenya liable for delay in offering it the exemptions and the licensing requirements by EPRA on UNOC rendered irrelevant, irrational and illegal.

This comes after three petitioners obtained orders from Machakos High Court against Energy CS Davis Chirchir and EPRA Director General Daniel Kiptoo offering the exemptions.

Uganda wants EACJ to rule that it does not need a licence from EPRA to use the KPC infrastructure to ferry its petroleum products from the port of Mombasa to Uganda.

The landlocked East Africa Community (EAC) nation wants Kenya permanently barred from ever imposing unrealistic restrictions against UNOC and treat it the same as others in Kenya.

As it stands, Uganda imports 90 per cent of its refined petroleum from the Mombasa Port, through KPC’s pipeline to Uganda.

However, in Ruto’s new government-to-government deal with gulf countries struck in 2023, Kenyan OMCs import the petroleum products then sell them to OMCs operating in Uganda.