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High Court summons Epra boss Daniel Kiptoo over new fuel levy

Energy and Petroleum Regulatory Authority (EPRA) boss Daniel Kiptoo.

Photo credit: File I Nation Media Group

The High Court has issued summons against Energy and Petroleum Regulatory Authority (EPRA) boss Daniel Kiptoo for implementing the fuel levy despite a court order blocking the tax. 

The agency adjusted fuel prices on July 1, despite being served with the court order.

Epra announced record fuel prices after the Finance Act, 2023 doubled the value-added tax (VAT) charged on the commodity to 16 percent from 8 percent.

The court at the same time declined to issue conservatory orders suspending the implementation of some sections of Finance Act, 2023 including the Housing Levy.

The three-judge bench says the Court of Appeal dealt with the matter and they do not see the reasons to depart from the directives issued.

The court at the same time rejected applications to summon Speakers of Senate and National Assembly over affidavits they have filed in court regarding the Finance Act, 2023.

Justices David Majanja, Christine Meoli and Lawrence Mugambi rule that the matters raised in the affidavits can be addressed during the hearing of the main case.

Petitioners Okiya Omtatah and Eliud Matindi wanted Mr Amason Kingi and Moses Wetang'ula summoned to court for cross-examination saying they have sworn falsehoods on whether there was a concurrence between them before the Finance Bill was passed.

The case will be heard on September 13, 2023.