Court rules EPRA boss Daniel Kiptoo not guilty of disobeying Finance Act order

Bargoria, who had been accused of willfully disobeying court orders, is said to have issued a press release showing the effected price changes in fuel prices on June 30, the same day the court also issued the conservatory orders.

The statement notified the public of the increased VAT on fuel from 8% to 16%.

Justice Christine Meoli, while delivering the judgement, said that Bargoria had effected the changes before the court orders and was only acting on his administrative mandate.

"The alleged contemnor was simply discharging his duties as the EPRA director general by issuing a press release in a timely fashion as has always been the norm. He was being prosecuted for his effectiveness," said Justice Meoli.

The learned counsel further noted that evidence presented to the court revealed that the accused had not been made privy to the order at the time of the price changes.

She added that the petitioners have failed to surmount the burden of proving that Bargoria indeed willfully disobeyed and ignored court orders.

"For the reasons we have set out, we have found that Daniel Kiptoo Bargoria is not guilty of contempt, we dismiss the notice and Mr. Bargoria is dismissed from these proceedings," added Justice Meoli.

President William Ruto assented to the Finance Act 2023 on June 26, and the court suspended it on June 30.