Petition Seeking To Fire EPPRA DG Daniel Kiptoo Filed Following Auditor General’s Report

Human rights activist Francis Awino has filed a petition before High Court in Nairobi seeking to declare the appointment of Energy and Petroleum Regulatory Authority (EPRA) Director General Daniel Kiptoo Bargoria as null and void claiming that his recruitment didn’t meet the legal threshold and that he’s unqualified.

The suit against EPRA boss comes days after the Employment and Labour Relations Court quashed the appointment of Kenya Rural Roads Authority (KeRRA) Director General Engineer Philemon Kandie’s appointment over irregular recruitment process.

A recently released report by the Auditor General Nancy Gathungu flagged Kiptoo’s appointment too saying he’s unqualified for the DG position and that it was irregularly done.

“A review of the applicant’s documents confirmed that the person lacked the requisite management experience at senior level for appointment as DG. The regularity and suitability in the appointment of the DG was a breach of law.” The report reads in part.

It has emerged that Kiptoo was sitting in the EPRA board when the decision was made for his appointment posing a conflict of interest. He was holding the CEO position in acting capacity since December 2020.

According to the Code of Governance for state corporations (Mwongozo), board members are required to disclose possible conflicts of interest in a set framework. Kiptoo, didn’t disclose.

The Auditor General has mentioned it n the report that the former Energy CS Charles Keter erred in appointment as DG in July 1,2021.

Section 13 (1) of the Energy Act stipulates that the board shall subject to the approval of the Cabinet Secretary, appoint a DG who shall be the CEO of the authority.

Section 13 (3) (c) (d) of the law says a person shall be qualified for appointment as DG if the person has at least seven years of management experience at a senior level and at least two years of experience in petroleum and energy sector.

Appointment letter.

Kiptoo was appointed the DG following the document of Mr. Pavel Oimeke over corruption allegations.

The interdiction of Mr. Oimeke came a few days after he was arrested by the Ethics and Anti-Corruption Commission (EACC) for receiving a bribe of Ksh 200,000 to allow an illegal petrol station to operate. He has since denied the allegations.

Mr. Oimeke is also being accused of often receiving bribes, sometimes as little as 30,000 shillings to allow illegal businesses to operate. His arrest also confirms allegations that EPRA has been working with illegal fuel suppliers to milk Kenyans dry.

Prior to his appointment, Mr. Kiptoo was the Legal Advisor to the Ministry of Energy and State Department of Petroleum and is the chairman of the Government’s First Oil Committee.

“Mr. Kiptoo has vast experience in the Energy and Petroleum Sectors, with a bias in Policy Formulation, Regulation and Project and Structured Finance,” said the energy regulator.

A further review of the board minutes shows that the special board meeting of December 14, 2020 ended at 8pm and that the board’s letter seeking the approval for appointment of Kiptoo as the acting DG was done and sent to the CS Keter on the same day.