Return of Epra boss arrested over fuel station bribe splits board

The Energy and Petroleum Regulatory Authority Board (Epra) board members were on Monday split on the fate of director-general Pavel Oimeke following his arrest last Thursday for allegedly demanding a Sh200,000 bribe to reopen a petrol station.

The board held a stormy meeting morning where questions were raised on whether Mr Oimeke should be allowed back to work on a day when the head of Kenya’s energy sector regulator was expected to approve new fuel prices for the month to January 15.

Last evening, the board tapped one of its members, Daniel Kiptoo, to replace Mr Oimeke in an acting capacity.

Mr Kiptoo was picked after a second meeting that ended in the evening.

Mr Oimeke had returned to work yesterday after he was released on a Sh20,000 bond after spending Thursday night in police custody, pending possible charging in court.

Some board members felt the embattled Epra boss should stay away from office following his arrest, arguing that his presence could interfere with investigations. Other directors said that Mr Oimeke has a right to remain in office because he had not been charged in court.

A judge last year ruled that public servants accused and charged of corruption must step aside pending the conclusion of their trials, serving a precedent in the country, where senior officials are often charged with graft but rarely convicted.

“A few of us felt that Mr Oimeke should be allowed to sit in the office as we wait for action from the DPP [Director of Public Prosecutions] which should not take long anyway on a case that seems straight forward,” said a board member who spoke on condition of anonymity

‘’Others felt that his stay in office would depict impunity on the public and staff members or allow him to interfere with other possible evidence against him.”

The board later reached a consensus on the matter. The energy regulator has broad powers. It sets retail fuel prices monthly and approves electricity tariffs, along with its oversight duties.

Mr Oimeke was accused of demanding Sh200,000 to approve the reopening of a petrol station in Oyugis that had been shut down over tax violations, the Ethics and Anti-Corruption Commission (EACC) said.

EACC spokesman Yassin Amaro on Monday confirmed that Mr Oimeke was released on Friday evening after initial investigations on the bribery case closed and his file forwarded to the DPP. “He was held the entire Friday as we gathered more evidence to complete his file. We have since forwarded the file to the DPP’s office. Once he takes a plea, he will not be allowed in the office,” Mr Yaro said.

Mr Oimeke was arrested on Thursday when he allegedly received the Sh200,000 bribe in a trap set up by detectives from the EACC. The EACC said it acted following a complaint filed by an employee of a filling station who had been allegedly asked for the bribe by Mr Oimeke to allow him reopen.

The fuel station had been closed by the Kenya Revenue Authority (KRA) for selling fuel meant for export. The station was fined Sh309, 842.00 by the KRA and were issued with a clearance letter for Mr Oimeke to authorise the opening of the station.

The attendant told the EACC he visited Epra where he met the director-general who asked for the bribe for the facilitation of the letter. Mr Oimeke returned to office only recently after a two-month court battle following a petition that had been filed to oppose his reappointment for a second term in office.

The petitioner, Emmanuel Wanjala, alleged that Epra had witnessed massive losses due to spillages, installation of faulty meters, increased court cases by former employees who were dismissed for pointing out wrongdoings or mismanagement of resources and abuse of office.

Through lawyer Henry Kurauka, the petitioner accused Mr Oimeke of abuse of office, mismanagement of a public institution and public resources, corruption, tribalism and favouritism.