The high court has absolved Energy and Petroleum Regulatory Authority Director General Daniel Kiptoo of contempt of court after he implemented new VAT on fuel despite a court order staying the finance act of 2023.
In the judgment, Justice Christine Meoli says Kiptoo was not privy to the order before the court issued order in June.
In a ruling the court said that the evidence presented before did not show that he disobeyed court orders.
“We find that the EPRA boss did not have knowledge of the order by the time he issued the press release hiking fuel. Further, we find that the petitioner (Okiya Omtatah) did not prove the disobedience of the order. We find that Bargoria is not guilty of contempt of court and is discharged,” Justice Meoli ruled.
Senator Okiya Omtatah petitioned the court to charge the EPRA boss for instituting the additional 8 per cent VAT on petroleum products.
On Friday, June 30, 2023, EPRA hiked fuel prices in line with the Finance Bill 2023, which increased VAT for fuel from 8 per cent to 16 per cent, despite a court order suspending implementation of the Act.
Omtatah says he had spoken to EPRA boss Daniel Kiptoo informing him of his intent to file a contempt case against the regulator for disobeying a court order.
‘I talked to the MD EPRA, we focused on the court orders that suspended the Finance Act and they gave an injunction against any part of it. Told him if they ignore, I’ll file contempt proceeding against them for disobeying court orders,” Omtatah stated.