Court Rules EPRA Boss Daniel Kiptoo Not Guilty Of Disobeying Finance Act Order
Following the court’s June suspension of the Finance Act, a case against Energy and Petroleum Regulatory Authority (EPRA) chief Daniel Kiptoo for implementing the 16% VAT on petroleum was dismissed by a three-judge bench ruling on the Finance Act on Tuesday.
In rendering her decision, Justice Christine Meoli noted that the available evidence was inadequate to establish that Kiptoo was formally notified of the suspension of the Finance Act before EPRA’s July gasoline price announcement.
Busia Senator Okiya Omtatah, who sought that the EPRA DG be found culpable of contempt, testified in court that he communicated the Finance Act suspension to the EPRA head through SMS.
Kiptoo, in his defense, informed the three-judge bench consisting of Justices Meoli, David Majanja, and Lawrence Mugambi that he became aware of the court’s suspension of the Finance Act after the publication of July pump prices.
“Despite the court orders being issued in the afternoon of June 30, it was not until close to midnight on July 1, that he alleged he was served with the order. By the time he released the press release, there was no way, he would have known about the order.
“We find Daniel Kiptoo (EPRA MD) not guilty of contempt. We hold that he did not know 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,” read the ruling in part.
EPRA increased petroleum prices by Ksh13 in the July review, citing the implementation of the Finance Act’s 16% increase.
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The prices were made public shortly after 6:00 pm, several hours after the Court’s ruling regarding the suspension of the Act.
In contrast, the Housing Levy imposed by the Kenya Kwanza administration was deemed null and void by the three-judge bench.
The court determined that the deductions of 1.5% constituted discriminatory practices that violated the tenets of the Constitution of 2010.
“The Levy against persons in formal employment to the exclusion of other non-formal income earners without justification is discriminatory, irrational, arbitrary, and against the constitution,” Majanja ruled.
Kenyan citizens will be informed of the outcome regarding the refund of deductions at 3 p.m.
In the interim, Deputy President Rigathi Gachagua has urged the judiciary to refrain from interfering with the development plan of President William Ruto.
“I am aware that people have gone to court to try to suspend the housing levy and sabotage the housing program. Much as we respect the independence of the judiciary, I want to request our judges to not sabotage that program,” he stated.
Court Rules EPRA Boss Daniel Kiptoo Not Guilty Of Disobeying Finance Act Order
