Editor's Review

The High Court has summoned Energy and Petroleum Regulatory Authority (EPRA) Director General Daniel Kiptoo. 

The High Court has summoned Energy and Petroleum Regulatory Authority (EPRA) Director General Daniel Kiptoo for disobeying court orders suspending the Finance Act 2023 and implementing the fuel levy. 

The court issued the summon on Monday, August 7 after Busia Senator Okiya Omtatah sued the EPRA boss for court contempt.

Kiptoo was ordered to appear before the court on August 13, 2023, to explain why he should not be charged with contempt of court for disobeying orders.

Justice Mugure Thande on June 30 suspended the implementation of the Finance Act 2023 after Senator Omtatah filed an application.

File image of EPRA Director General Daniel Kiptoo

Despite the court order, EPRA increased fuel prices to align with the provisions of the Finance Act 2023.

“The Energy Petroleum Regulatory Authority (EPRA) has recalculated the maximum pump prices that will be in force from 1st July to 14th July 2023 taking into account VAT at 16%,” EPRA said in a statement then.

The orders suspending the Act were however lifted by the Court of Appeal on Friday, July 28 after Treasury Cabinet Secretary Njuguna Ndungú filed an appeal.

"The upshot of our decision is that the application has merit and the same is allowed as prayed with the effect that the order made on 10th July 2023 suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal. Costs shall abide the outcome of the appeal,” the order read.