EDITORIAL: Let board pick Epra boss

Energy Cabinet Secretary Charles Keter. FILE PHOTO | NMG

What you need to know:

  • We support Parliament’s decision to deny Energy Cabinet Secretary Charles Keter the power to unilaterally appoint the chief executive of the energy sector regulator.
  • Mr Keter wanted the law changed to allow the Energy and Petroleum Regulatory Authority (Epra) board forward three candidates from where he will choose one to head the energy regulator.

We support Parliament’s decision to deny Energy Cabinet Secretary Charles Keter the power to unilaterally appoint the chief executive of the energy sector regulator.

Mr Keter wanted the law changed to allow the Energy and Petroleum Regulatory Authority (Epra) board forward three candidates from where he will choose one to head the energy regulator.

This is inconsistent with the position of Epra as an independent regulator and not an appendage of the energy ministry.

Just like the Central Bank of Kenya or the Competition Authority of Kenya, the energy regulator is expected to make independent decisions that serve public interest and not those of the Energy ministry.

This noble role was at risk of being undermined if its head is at the beck and call of the Energy Cabinet Secretary. The Energy Act currently requires the Epra board to appoint the CEO after consulting the Cabinet Secretary. This is adequate given that the ministry is also well represented in the Epra board.

The proposal to change the law was also at fault with the official government code on executive appointments.

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