MPs term Daniel Kiptoo’s appointment as EPRA chief irregular
Energy and Petroleum Regulatory Authority (Epra) boss Daniel Kiptoo.
The appointment of Daniel Kiptoo as the chief of energy regulator hangs in the balance after MPs termed it irregular and that he does not have an appointment letter.
The National Assembly Public Investments on Energy and Commercial Affairs committee on Wednesday put Energy Petroleum and Regulatory Authority (Epra) board on the spot as they questioned the appointment of Mr Kiptoo as EPRA director-general.
The committee, chaired by Pokot South MP David Pkosing, in a meeting with the board noted that to date Mr Kiptoo has no formal appointment letter hence it is not clear whether he is the substantive DG or not.
Mr Kiptoo was appointed substantive Epra DG by then Energy CS Charles Keter on June 28, 2021 following the departure of Pavel Oimeke.
“We don’t know whether we have a DG or not because there is no formal appointment letter by the board,” Mr Pkosing said.
It emerged that while the board had recommended Mr Kiptoo to be appointed as a substantive DG after emerging the best in the interviews and sought the concurrence the CS, the committee heard that upon Mr Keter giving his nod, there was no formal appointment letter to Mr Kiptoo before he assumed office.
The MPs also put the board chaired by former Supreme Court judge Jactone Ojwang, to task on how it appointed Mr Kiptoo in acting capacity.
Mr Kiptoo was appointed Epra acting DG in December 2020 to replace Mr Oimeke and by virtue of his position sat in the board that deliberated among other things his recruitment as a substantive DG which MPs said was illegal.
Documents presented in the committee by the board indicate that Mr Kiptoo sat in the board meeting held on December 14, 2020 that deliberated among others his appointment in acting capacity.
“That is a clear conflict of interest. It’s as simple as that,” Mr Pkosing said.
Section 1.16 (b) of the Mwongozo code requires that a board member discloses all real or perceived conflict of interest and manage such conflict of interest within an agreed framework.
While Prof Ojwang told MPs that Mr Kiptoo excused himself from the meeting, it was not captured in the board minutes presented to the committee raising MPs’ eyebrows on the omission.
“The board was just sitting on its normal ordinary meeting, Mr Kiptoo did not participate in any debate on his appointment,” Prof Ojwang said.
However, minority leader Opiyo Wandayi termed the minutes as scanty and that the omission was deliberate.
“The board minutes of December 14, 2020 are very scanty, you want us to believe that Kiptoo requested to leave the meeting yet it was omitted in the minutes? Mr Wandayi asked
Mr Wandayi claimed that a directive had been given by the CS that Mr Kiptoo had to be appointed, hence the December 14, 2020 meeting was just a formality but a decision had been made
“In the event that we come to the finding that the appointment of Mr Kiptoo was irregular and unprocedural, whoever made the decision will have to be held to account because public money was expended,” Mr Wandayi warned.
MPs also questioned the qualifications of Mr Kiptoo on being appointed as acting DG and later as substantive office holder as he did not have any management experience hence his appointment by the board was questionable.
Mr Ojwang dismissed assertions that Mr Kiptoo was appointed as DG despite not meeting the required qualifications.
Prof Ojwang told MPs that Kiptoo was qualified since he had 8 years experience yet the law requires seven years’ experience.
Section 13 (3) (c) (d) states that a person shall be qualified for appointment as Director General if the person has at least seven years management experience at a senior level and at least two years of experience in petroleum and energy sector.
“He was the most qualified and experienced candidate among the candidates we had. He was also more experienced on energy matters,” Prof Ojwang’ told the committee.
“A decision needed to be taken, there were not many options for us. Upon consultation with the PS and CS, it was clear that we needed to get someone who is knowledgeable to be in an acting position so that the works of Epra would not stop,” Prof Ojwang added.
Mr Pkosing said the committee will write its report and present to the House to have final determination on whether the appointment of Mr Kiptoo was regular or irregular.
