The National Assembly Public Investments Committee on Commercial Affairs and Energy
By PSCU
The National Assembly Public Investments Committee on Commercial Affairs and Energy (PICCAE), delved into the complexities surrounding the alleged irregular appointment of Mr. Daniel Kiptoo as the Director General of the Energy and Petroleum Regulation Authority (EPRA).
The Office of the Auditor General initially brought attention to this irregularity, citing concerns related to conflicts of interest, unauthorized appointment without the Cabinet Secretary’s approval, abuse of authority, and questioning Mr. Kiptoo’s competence for the job.
The David Pkosing led committee made enquiries into the appointment during a meeting with chairperson of the EPRA board, Justice (Rtd) Jackton Ojwang
The committee emphasized the conflicting nature of Mr. Kiptoo’s involvement in the board meeting that appointed him as the acting Director General, citing Section 1.16(1)(b) of the Code of Governance for State Corporations (Mwongozo) as the basis for this concern.
Pkosing observed that despite the Cabinet Secretary’s support for the Board’s decision, the CS should not have been the authority responsible for the appointment.
He also emphasized that the Board should not have proceeded with appointing the Director General without obtaining prior approval from the Ministry, as clearly stipulated in Part 13 (1) of the Energy Act 2019.
Hon. Opiyo Wandayi (Ugunja) pointed out that the appointment process deviated from the prescribed procedural guidelines.
Wandayi also highlighted the board’s failure to consider internal management candidates for the position, raising doubts about the leadership’s competence.
Inquiring further, Pkosing asked the chairman to provide insights on the government-to-government program intended to mitigate fuel price fluctuations, which resulted in an increase in prices instead.
“What was the purpose of the Government to Government program? The dollar is affecting our fuel prices and EPRA isn’t answering to Kenyans,” posed Pkosing.
Representatives of EPRA appearing before the committee expressed their inability to adequately address the inquiries regarding the matter.
The committee will prepare a report on the inquiry that will be tabled before the National Assembly subsequently.
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