The head of the Energy and Petroleum Regulatory Authority (EPRA), Daniel Kiptoo, finds himself at the center of a legal storm as the High Court summons him to account for his agency’s decision to forge ahead with the implementation of a new fuel levy, defying a court order.
The summon made by the court came in response to EPRA’s audacious move to roll out the fuel levy, a move that directly contradicted a previous court order. The court had clearly blocked the imposition of the tax, yet EPRA proceeded to revise fuel prices on July 1.
Kiptoo is now tasked with defending his agency’s actions as he faces a court appearance on August 13th. The Court seeks answers as to why he should not be held in contempt for disregarding the orders issued by Justice Mugure Thande, which effectively interfered with enforcement of the Finance Act 2023.
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Simultaneously, the court declined to issue conservatory orders aimed at suspending the implementation of specific sections of the Finance Act 2023, including the controversial Housing Levy.
The three-judge panel justified their decision by citing a precedent set by the Court of Appeal, asserting that the matter had already been addressed and ruled upon. As a result, the court found no grounds to deviate from the established legal guidance.
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