Kenya’s energy regulator sends chief home in term renewal row
Tuesday August 18 2020
Energy and Petroleum Regulatory Authority (EPRA) Director-General Pavel Oimeke when he appeared before Senate's Energy Committee on December 4, 2019. His term ended on August 1, 2020. FILE PHOTO | JEFF ANGOTE | NMG
The board of Kenya’s Energy and Petroleum Regulatory Authority (EPRA) has directed embattled director-general Pavel Oimeke to step aside after his reappointment for another three-year term was contested in court.
In an internal memo seen by The EastAfrican, the board chairman, retired Supreme Court judge Jackton Ojwang’ told staff that the corporation secretary/director of legal affairs Ms Mueni Mutung’a has been appointed to replace Mr Oimeke in an acting capacity.
Last week, Employment and Labour Relations Court Justice Hellen Wasilwa temporarily stopped the renewal of Mr Oimeke’s contract after Emmanuel Wanjala rushed to court, arguing that the reappointment should not be automatic but should be subjected to competitive and procedural requirements.
Mr Oimeke was appointed as EPRA’s Director-General on August 1, 2017 on a renewable three-year term. The extension of his contract has, however, been contested over allegations of abuse of office and corruption at the energy regulator.
“Action taken regarding the occupancy of the office of Director-General has led to a petition filed in court. The court, in exercise of its constitutional mandate, has issued conservatory orders, which the board must obey,” said Mr Ojwang’ in the memo dated August 17, 2020.
“These orders have compelled the board to require the Director-General Mr Oimeke to step aside, until the judicial restrictions are lifted through orders made in court.”
Mr Wanjala, through lawyer Henry Kurauka, said in the petition that EPRA has witnessed massive losses be it due to spillages, installation of faulty meters, corruption, court cases against the authority by former employees — who were dismissed for pointing out wrongdoings or mismanagement of resources and abuse of office, among others.
He said, as a result, the taxpayer has lost millions of dollars, which cannot be recovered should Mr Oimeke’s tenure be extended.
He has enjoined Ethics and Ant-Corruption Commission (EACC) with a view of compelling the agency to investigate the claims.
Justice Wasilwa on August 12 directed EPRA and other respondents to file their replies within seven days and set the hearing for October 1.