Kenya: Court Discharges EPRA MD Kiptoo in Contempt Case, No Willful Failure to Disobey Suspension of 16% VAT

28 November 2023

Nairobi — The High Court has discharged the Energy and Petroleum Regulatory Authority (EPRA) Managing Director Daniel Kiptoo in a contempt of court case where he is accused of disobeying the suspension of the 16 percent Value Added Tax (VAT) on pump prices.

Kiptoo had been cited for contempt by Busia Senator Okiya Omtata for allegedly increasing the prices of petroleum products despite the court issuing an order stopping the same.

However according to a three-judge bench consisting of David Majanja, Christine Meoli and Lawrence Mugambi there was no willful failure by Kiptoo to disobey the order.

The court found and held the the MD was served with a court order, three hours later after releasing a press statement pronouncing the increment.

They pointed out that Omtatah did not provide sufficient evidence showing that the order issued by justice Mugure Thande on August 3 2023, was dully served upon the

MD who allegedly ordered the increment on petroleum.

They said in the absence of material evidence of a service of the court order, the MD is free to walk away.

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