Epra's disregard of court orders an act of impunity

Respect and adherence to the rule of law is a cardinal principle in any democracy. The reason governments have the principle of separation of powers is to ensure independence and buttress accountability.

In the event one organ refuses to acknowledge the jurisdiction and powers of the other, that is a recipe for chaos or an indication of a broken society. The worrisome attitude exhibited by the Energy and Petroleum Regulatory Authority (Epra) and its honchos towards the fuel price adjustment in spite of three court orders negates the tenets of civility.

The court has suspended the enactment of the Finance Act. The order has been extended twice. Unfortunately, the day the order was made the mandarins at Epra and by extension the Ministry of Energy went ahead and reviewed fuel prices in utter contempt of the order.

Epra factored an eight per cent increment in the price of fuel as stipulated in the Act taking the VAT charged on fuel from eight per cent to 16 per cent. Asked why they ignored the court order, the agency said it cannot discuss the matter since it is already in court.

Its CEO went ahead to claim the increment was guided by the law. This is hard to believe. If those in authority can disregard the law with such impunity what is left of the populace? We urge the agency, once again, to obey the law and adhere to court orders. Anything else is anarchic.

The increase of fuel prices spiraled into other sectors and the cost for living is becoming unbearable to many Kenyans. It therefore beats logic that the same government that should make life better for wananchi seems to be sabotaging this noble duty.

Whereas the government is desperate to get revenue it has to do so within the confines of the law. Should the courts find the statutes illegal, what would happen now that people have been forced to pay more for fuel because of Epra’s obstinate attitude towards the orders. Who will refund them the money? Epra must obey court orders.