Justice Pauline Nyamweya yesterday struck out a suit by the Kenya National Petroleum Dealers Association (Kenapede) seeking sanctions against the Energy and Petroleum Regulatory Authority (Epra) for allegedly failing to act against oil marketers who flouted pricing regulations.
The association claimed that some marketers had imposed illegal levies on petroleum dealers contrary to the set out pricing regulation by Epra.
It further claimed that oil marketers had failed to remit to its membership a prescribed margin of Sh4.14 per litre.
A row over fuel pricing has been referred to a tribunal after the High Court ruled that the plaintiff failed to exhaust other channel of redress.
Justice Pauline Nyamweya yesterday struck out a suit by the Kenya National Petroleum Dealers Association (Kenapede) seeking sanctions against the Energy and Petroleum Regulatory Authority (Epra) for allegedly failing to act against oil marketers who flouted pricing regulations.
The association claimed that some marketers had imposed illegal levies on petroleum dealers contrary to the set out pricing regulation by Epra.
It further claimed that oil marketers had failed to remit to its membership a prescribed margin of Sh4.14 per litre.
The regulator, however objected the Kenapede suit terming it a dispute between licensees under the Petroleum Act Number 2 of 2019.
Through Njoroge Regeru and Company Advocates, Epra said the dispute is an “appeal” against alleged refusal by Epra to resolve a complaint between some licensees.
Justice Nyamweya yesterday sided with Epra saying Kenapede ignored other mechanisms of resolving the matter.
She said according to the Energy Act 2006 and the Petroleum Act of 2019, the matter was supposed to be addressed by the Energy and Petroleum Tribunal.
And in the event a party is dissatisfied with the decision of the tribunal, the judge said the party still has recourse to the court.
PAYE Tax Calculator
Note: The results are not exact but very close to the actual.
