The Energy and Petroleum Regulatory Authority (EPRA) Chief Executive Officer (CEO) Daniel Kiptoo Bargoria has been ordered to appear in court in person for disobeying court orders. Justices David Majanja, Christine Meoli and Lawrence Mugambi issued summons against EPRA Boss Kiptoo to avail himself in court on September 13, 2023, to explain why he should not be cited for contempt of court for disobeying the orders that suspended the implementation of the 16 per cent tax VAT on fuel products.
The orders were issued after Busia Senator Okiya Omtatah filed an application accusing EPRA of failure to comply with Justice Mugure Thande’s orders that barred the government from implementing the Finance Act 2023.
Omtatah told the judges that before the Court of Appeal Court lifted the orders barring the implementation of the Act on July 28, EPRA had already moved to effect new prices on the fuel products, which amounts to contempt of court.
According to Omtatah, he had served the court orders to Kiptoo through email and via WhatsApp, begging him not to effect the new fuel pump prices in line with the Finance Act 2023 which saw fuel VAT rise from 8% to 16% following Justice Mugure’s orders issued on June 30, 2023.
Omtatah now wants the court to send EPRA Managing Director Kiptoo to jail for a period of six months for continuing to disobey court orders issued by Justice Mugure.
“The Court be pleased to cite Daniel Kiptoo Bargoria, the Managing Director of the Energy and Petroleum Regulatory Authority (EPRA), for contempt of the valid orders the Court issued herein on June 30, 2023, which were duly and effectively served on him electronically on the same date and physically on Monday, July 3 2023, and consequently commit him to jail for such period not exceeding six months or such period of time as this Honourable Court may deem fit and/or proper as would be sufficient to punish the contemnor,” the Senator seeks.
During the mention of the finance cases, the three-judge bench also declined to suspend sections of the Finance Act including the housing levy as requested by the petitioners.
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