Despite court order, Wandayi fails to protect Kenyans from high fuel prices

Last Wednesday may have been his first day in office, but Opiyo Wandayi was also aware that it was a day Kenyans waited with bated breath to see what would happen to fuel prices.

He certainly Aware of the verdict The Court of Appeal ruled two weeks ago that the Finance Bill 2023 is unconstitutional.

The law had increased VAT on fuel from 8% to 16%, and the July 31 ruling means VAT should return to 8%.

The appeals court ruling provides Mr. Wandayi with an opportunity to consolidate his authority within the ministry.

As one of his first acts at the helm of the ministry, he could have directed energy sector agencies to comply with the law, including obeying court orders.

This was not necessarily a populist move among citizens, whom he had passionately defended in the past as a parliamentarian, especially when dealing with energy sector agencies, but simply an adherence to the rule of law.

His predecessor, Davis Chirchir, handed over the government to Wandayi on August 14, and in his first speech, Mr. Wandayi noted that he would prioritize affordable electricity and fuel.

A few hours later, the Energy and Petroleum Regulatory Authority (Epra) Announcement of the maximum price For the August-September period, it takes into account 16% VAT.

As finance minister, Mr Wandayi was one of the first people to be informed and even consulted about fuel prices before they were announced.

“What is most important to Kenyans is that they have access to electricity at all times and at an affordable price. If there is a power outage, you want it fixed as soon as possible. Similarly, when you go to a petrol station, you have reliable access to fuel at an affordable price,” Mr Wandayi said earlier.

“The cost of electricity and petroleum products depends on many factors, some within our control and some outside of our control, but we must make sustained, conscious efforts to ensure that these critical products are affordable in the long term.”

When asked what Kenyans should expect before the August-September maximum fuel prices are announced, the Kenyan Cabinet Secretary simply said “they will have to wait for notification from the relevant agencies” before ending the press conference.

Mr. Wandayi, a former MP for Uganja and minority leader in the National Assembly, has been a harsh critic of the government, including energy sector agencies, which he blames for the high cost of electricity and petroleum products.

Senior officials of different parastatals have been subject to his sometimes angry tirades on several occasions in the past. He pointed out that the cartel was deeply entrenched in the power ministry and controlled the sector, making it difficult to reduce the cost of electricity.

When he took office last week, he had not forgotten that he now had to work with those he accused of collaborating with drug cartels, and had even called for the public execution of some of them.

“This world is full of wonders. About a month ago, I had not thought that I would become an executive officer,” Mr. Wandayi said at the handover ceremony, going on to recount his not-so-friendly interactions with senior officials of different parastatals in the Ministry of Energy and Petroleum, with whom he now has to work closely.

“I have been able to interact with some of you from time to time. When I was the chairman of the Public Accounts Committee (in Parliament), I interacted with many of you. You remember our interactions well. But now, the situation has conspired and now we are on the same side.”

Wandayi said communicating with Kenyans would be a priority for the ministry. He plans to hold so-called “CS roundtables” which he hopes will take the form of town hall meetings with electricity and fuel consumers to understand their pain points and try to address them.

“I will be keen to ensure that we maintain an open door policy. We are always open to scrutiny from the Kenyan people and Parliament. In this regard, we must start taking communication more seriously. The public should be able to understand what we are doing at all times,” he said.

“As your customer service representative, I will be holding regular roundtable discussions with consumers so that we can interact and they can understand and get feedback regularly. We are the drivers of the national development agenda and our contribution in economic development cannot be overstated.”