The Energy and Petroleum Regulatory Authority (EPRA) Director General Daniel Kiptoo can heave with relief after surviving a petition seeking for his imprisonment for hiking fuel prices.
Kitpoo was accused of contempt of court for implementing the Finance Act and willfully disobeying a court order and increasing fuel prices.
However, the high court ruling, read by Justice Christine Meoli saved Kiptoo from the possible jail term noting that he was able to show proof that his actions were well within the law.
“He published a press release setting out the increase of the price of the petroleum protect following the coming to effect of the Finance Act. That the effect of the press release was to notify the public of the changes in the prices, “the judge read while detailing the accusations against him.
However, the court determined that Kiptoo was not guilty of contempt noting that by the time of publication of the notice, he did not have knowledge of the court’s order.
“We find Daniel Kiptoo (EPRA MD) not guilty of contempt.
“We hold the contemnor did not have knowledge of the order by the time he issued the press release; further, the petitioners have not put forth any evidence that shows willful disobedience of the order,” the ruling read in part.
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Accusations Against EPRA Boss After Fuel Hike
Earlier in July 2023, activist and Senator Okiya Omatatah sued the Energy and Petroleum Regulatory Authority raising fuel pump prices in line with the Finance Bill despite a suspension by the court.
EPRA had issued a statement announcing higher fuel prices to after the increase in VAT on petroleum products from eight to 16 per cent in the Financial Bill Act 2023-24.
Notably, the implementation of the Act had been temporarily halted pending hearing and determination a case filed by Omatatah challenging legality of sections of the law.
However, the court determined that the EPRA boss was only discharging his duties and did not have any knowledge of the decision that had been made.
“What is contended is that by the time the court issued the order, he had already issued the press release in discharge of his duties as the director general of EPRA.
“The petitioners have not presented any evidence showing willful disobedience of the order,” added the ruling.
Revised Fuel Prises as VAT Took Effect
On Jun e30, EPRA announced an increase in Petrol by 13.49 Diesel by Ksh12.39 and Kerosene by Ksh11.96 in Nairobi.
Likewise, in Mombasa super petrol prices was revised to Ksh192.48, diesel Ksh176.63 and Kerosene Ksh170.4 while in Kisumu, the price of super Petrol would retail at Ksh195.34, diesel at Ksh179.89 and Kerosene at Ksh173.68.
At the same time, in Nakuru super petrol would retail at Ksh194.60, diesel at Ksh179.14 and kerosene at Ksh172.93. In Eldoret, super petrol would retail at Ksh195.36, diesel at Ksh179.69 and kerosene at Ksh173.69.
“Pursuant to the Finance Act, 2023, the Value Added Tax (VAT) on Super Petrol (PMS), Diesel (AGO) and Kerosene (IK) has been revised from 8% to 16% effective 1 July 2023.
“EPRA has recalculated the maximum pump prices that will be in force from July 1 to July 14, 2023, taking into account VAT at 16 per cent,” a statement from EPRA read in part.
