NAIROBI, Kenya, Apr 6 — Dismissed energy sector officials secured exemptions and regulatory waivers to facilitate the importation of fuel that did not fully meet Kenyan standards, it has emerged, as investigators widen a corruption probe ahead of their anticipated arraignment on Tuesday.The waivers, requested in late March by former Petroleum Principal Secretary Mohamed Liban, are now a central focus of investigations into an alleged scheme to manipulate fuel supply data and justify emergency imports at inflated prices. Liban is among five senior officials arrested on Friday, alongside former Kenya Pipeline Company (KPC) Managing Director Joe Sang and former Energy and Petroleum Regulatory Authority (EPRA) Director General Daniel Kiptoo Bargoria, while Petroleum Deputy Director Joseph Wafula and KPC Supply and Logistics Manager Joel Mburu are also under investigation.In his letter to the Kenya Bureau of Standards (KEBS) on March 26, Liban cited challenges facing fuel supply in his quest for a waiver.“The ongoing conflict in the Gulf Region has affected marine traffic flow… sometimes, the products found in the market were originally meant for other markets, where specifications do not completely match those required by East Africa or the Receiving Terminal.”68,000 metric tonsHe warned of potential disruption if waivers were not granted.“Failure or a delay to receive any of the cargoes will lead to supply shortfall and expose the country to disruptions. Additionally, application of the penalty will lead to higher cost of the refined petroleum products at the pump which will affect the Kenyan consumers.”Two days later, Trade Cabinet Secretary Lee Kinyanjui approved a conditional waiver for 68,000 metric tonnes of Premium Motor Spirit (PMS) aboard MT Paloma expected in the county by April 4. His letter outlined the specific allowances and conditions including a requirement to comingle the consignment falling short of standards.“Waiver is hereby granted on the oxygenates, manganese, sulphur, and benzene parameters in the KS EAS 158:2025 — Automotive Gasoline Specifications standard for 68,000 metric tons of Premium Motor Spirit (PMS) aboard MT Paloma, subject to the following conditions: that the PMS onboard MT Paloma will be subjected to destination inspection to ensure it complies with all the other requirements; that it be comingled with the current stock to mitigate excess manganese; and that Kenya Pipeline Company, working in conjunction with the Energy and Petroleum Regulatory Authority, control the distribution of the comingled PMS awaiting arrival of the next PMS consignments.”Kinyanjui also emphasized regulatory safeguards requiring an undertaking by the importer to shield KEBS from liability.“The importer gives a written confirmation that Methyl Tertiary Butyl Ether (MTBE) oxygenates are absent. The importer indemnifies KEBS in case of any unexpected happening coming from this waiver.”Off-spec fuelAt the heart of an ongoing investigation is whether the waiver on oxygenates, manganese, sulphur, and benzene, which are critical for fuel efficiency, octane performance, and engine safety, was exploited to introduce off-spec fuel while creating the impression of a national supply crisis. Reduced oxygenates can lower engine performance, increase emissions, and reduce fuel efficiency, while excess manganese can damage fuel injectors and spark plugs.Investigators believe the waiver may have been part of a broader scheme in which officials falsified petroleum stock data to justify emergency procurement outside the Government-to-Government framework, enabling imports at inflated prices and relaxed standards.The five suspects are expected in court Tuesday, facing charges under the Anti-Corruption and Economic Crimes Act and the Penal Code, including abuse of office, conspiracy to commit an economic crime, fraudulent acquisition of public property, and violations relating to the protection of public revenue. Fuel scandal: Liban, Sang, Bargoria face 10-year jail risk as charges loomConvictions could carry up to 10 years in prison, fines of up to Sh1 million, additional penalties equivalent to twice the value of the loss, asset forfeiture, and disqualification from public office.The investigation has expanded into financial forensics, tracing transactional flows, examining ownership of entities involved, and reviewing procurement compliance to determine whether the waiver process was exploited to facilitate undue financial gain.President William Ruto has signaled strong political support for the probe:“These cartels in the energy sector will not be allowed to operate freely. They will not escape accountability.”With waivers on octane boosters, manganese, and other critical fuel efficiency parameters forming a key evidentiary link, investigators are expected to argue that regulatory exemptions meant to safeguard supply were exploited to bypass standards, distort the market, and facilitate illicit gain, setting up a high-stakes legal battle over accountability in Kenya’s energy sector.