On June 6, 2023, then Minority leader Opiyo Wandayi, questioned the process that led to Mr Daniel Kiptoo's appointment as Director General of the Energy Petroleum Regulatory Authority (EPRA).
During a meeting with the EPRA board, Mr Wandayi, who was a member of the Public Investments Committee on Energy and Commercial Affairs, warned that if Parliament found Mr Kiptoo’s appointment to be irregular, all public funds expended during the appointment process would have to be recovered.
“The board minutes of December 14, 2020 are very scanty, you want us to believe that Kiptoo requested to leave the meeting yet it was omitted in the minutes?” Mr Wandayi asked
Mr Wandayi claimed that a directive had been given by the then CS Energy Charles Keter that Mr Kiptoo had to be appointed, hence the December 14, 2020 meeting was just a formality but a decision had been made
“In the event that we come to the finding that the appointment of Mr Kiptoo was irregular and unprocedural, whoever made the decision will have to be held to account because public money was expended,” Mr Wandayi warned.
MPs also questioned the qualifications of Mr Kiptoo on being appointed as acting DG and later as substantive office holder as he did not have any management experience hence his appointment by the board was questionable.
From left: Former Kenya Pipeline Company MD Joe Sang, outgoing Petroleum PS Mohamed LIban and outgoing EPRA DG Daniel Kiptoo. The trio resigned amid investigations into the procurement of substandard fuel.
Photo credit: Nation
Three years later, Mr Wandayi now a Cabinet Secretary for the same ministry courtesy of the Broad-based government arrangement finds himself at a precarious position as he navigates his first litmus test over the Sh4.8 billion fuel scandal right under his doorstep.
Mr Kiptoo is among the high-ranking officials dramatically arrested at the weekend over fuel scam that may have allowed bad fuel in the supply chain. The scandal has also roped in former Petroleum Principal Secretary Mohamed Liban and former Kenya Pipeline Company Managing Director Joe Sang. They resigned on Saturday after their arrest.
The three together with other senior government officials are being investigated over accusations of importing adulterated and substandard fuel.
During the 2023 meeting, the committee chaired by Pokot South MP David Pkosing termed the appointment of Mr Kiptoo as irregular.
The committee put EPRA board on the spot questioning the appointment of Mr Kiptoo from the acting capacity to substantive Director General.
Mr Kiptoo was appointed substantive EPRA DG by Mr Keter on June 28, 2021 following the departure of Mr Pavel Oimeke through interdiction after he was charged in court.
“We don’t know whether we have a DG or not because there is no formal appointment letter by the board,” Mr Pkosing said.
It emerged that while the board had recommended that Mr Kiptoo be appointed as a substantive DG of EPRA after emerging the best in the interviews and sought the concurrence of then Cabinet Secretary Mr Keter, the committee heard that upon the CS giving his nod, there was no formal appointment letter before Kiptoo assumed office.
The MPs also put to task the board chaired by former Supreme Court judge Jactone Ojwang on how it appointed Mr Kiptoo in acting capacity.
Mr Kiptoo by virtue of his position of being the secretary to the board (acting DG) sat in the board that deliberated among other things his recruitment as a substantive DG which MPs said was illegal.
Documents presented in the committee by the board indicated that Mr Kiptoo sat in the board meeting held on December 14, 2020 that deliberated on his appointment in acting capacity.
“That is a clear conflict of interest. It’s as simple as that,” Mr Pkosing said.
Energy and Petroleum Cabinet Secretary Opiyo Wandayi.
Photo credit: Nation Media Group
Section 1.16 (b) of the Mwongozo code requires that a board member discloses all real or perceived conflict of interest and manage such conflict of interest within an agreed framework.
While Prof Ojwang told MPs that Mr Kiptoo excused himself from the meeting, it was not captured in the board minutes presented to the committee raising MPs eyebrows on the omission.
“The board was just sitting on its normal ordinary meeting, Mr Kiptoo did not participate in any debate on his appointment,” Prof Ojwang said.
However, Mr Wandayi, then a member of the committee termed the minutes as scanty and that the omission was deliberate.
Prof Ojwang’ told MPs that Kiptoo was qualified since he had 8 years and five months experience yet the law requires seven years’ experience.
Section 13 (3) (c) (d) states that a person shall be qualified for appointment as Director General if the person has at least seven years management experience at a senior level and at least two years of experience in the petroleum and energy sector.
“He was the most qualified and experienced candidate among the candidates we had. He was also more experienced on energy matters,” Prof Ojwang’ told the committee.
