Busia Senator Okiya Omtatah has made good his threats to file contempt proceedings against the Energy and Petroleum Regulatory Authority (EPRA) for violating a court order suspending the Finance Act 2023.
The politician, who doubles up as a rights activist, had on Sunday warned EPRA against hiking fuel prices on account of a 16 per cent Value Added Tax (VAT) introduced under the Finance Act.
In his pleadings lodged in court on Tuesday evening, Omtatah wants the High Court to cite the agency tasked with regulating fuel prices for contempt of court for continuously disobeying court orders.
Omtatah wants the court to send EPRA Managing Director Daniel Kiptoo Bargoria to jail for a period of six months for continuing to disobey court orders issued by Justice Thande Mugure.
"The Court be pleased to cite Daniel Kiptoo Bargoria, the Managing Director of the Energy and Petroleum Regulatory Authority (EPRA), for contempt of the valid orders the Court issued herein on June 30, 2023, which were duly and effectively served on him electronically on the same date and physically on Monday, July 3 2023, and consequently commit him to jail for such period not exceeding six months or such period of time as this Honourable Court may deem fit and/or proper as would be sufficient to punish the contemnor," the Senator seeks.
In his contempt proceedings, Omtatah also wants Treasury Cabinet Secretary Njuguna Ndung'u, Attorney General Justin Muuri and the Speaker of the National Assembly Moses Wetang'ula be denied an audience in court until EPRA complies with the court orders to suspend the hiked fuel prices.
"The CS treasury, AG and Speaker of National Assembly be denied audience in this Court until and unless they purge the contempt by, among others, ensuring that Daniel Kiptoo Bargoria complies fully with the valid orders this Honourable Court issued on June 30, 2023, by reverting the fuel pump prices to where they were when the court Orders were made," Omtatahs seeks.
EPRA adjusted fuel prices on Friday last week despite a court order temporarily halting the implementation of the Finance Act 2023, following a case filed by activists led by Omtatah.
The prices which became effective on Saturday, July 1, marked an eight per cent increment on account of a doubled VAT rate.
The review resulted in a litre of petrol retailing at Sh195.53 in Nairobi while the price of diesel and kerosene litre was set at Sh179.67 and Sh173.44 litre respectively.
The matter will be heard at 10:30 am.
