Busia Senator, Okiya Omtatah, has given the management of the Energy and Petroleum Regulatory Authority (EPRA) an ultimatum to adhere to a court order that temporarily suspended the implementation of the Finance Act, 2023 for a week. Omtatah took to Twitter on Sunday to inform his followers of his intentions if EPRA fails to comply with the court order.
In his tweet, the Busia legislator stated that he had a conversation with EPRA’s Managing Director, focusing on the court orders that suspended the Finance Act and issued an injunction against any part of it. Omtatah warned that if EPRA ignores the court order, he will file contempt proceedings against them for disobeying the court’s directive.
The High Court had halted the implementation of the Finance Act from July 1 following a petition filed by Omtatah. The Act included a provision for an increase in the Value Added Tax (VAT) on fuel from 8% to 16%.
Despite the court order, EPRA revised fuel prices on June 30, leading to an increase in prices. As a result, the retail prices per litre for petrol, diesel, and kerosene were set at Ksh.195.50, Ksh.179.60, and Ksh.173.44 respectively.
EPRA’s decision to revise fuel prices contradicts the court order, which explicitly prohibited the implementation of any section of the Finance Act.
The court ruling on June 30 stated, “I am satisfied that the application meets the test of conservatory orders and I do grant prayers 2 and 3 of the application until July 5, 2023, when the matter is scheduled for mention for directions.”